For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATIVE OFFICIAL. The Administrative Department duly appointed by the City Manager for the administration and enforcement of this chapter.
ADULT BOOKSTORE. An establishment that receives a majority of its gross income during any calendar month from the sale of publications (including books, magazines, and other periodicals) which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section or other periodicals, videotapes, compact discs, other photographic, electronic, magnetic, digital, or other imaging medium.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that, on a regular, sporadic, or transient basis, features: persons who appear in a state of nudity or semi-nudity or live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities or films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas or persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT ESTABLISHMENT. Any adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult mini-motion picture theater, escort agency, exotic car wash, exotic maid service, topless massage parlor, nude modeling studios, sexual encounter center, adult live entertainment business, or any other sexually-oriented business that is similar in nature or intent to any other adult entertainment business as defined in this section. This term may be used interchangeably with SEXUALLY-ORIENTED BUSINESSES.
ADULT LIVE ENTERTAINMENT. Any performance of or involving the actual presence of real people that exhibits specified sexual activities or specified anatomical areas, as defined in this section.
ADULT LIVE ENTERTAINMENT BUSINESS. Any establishment or business wherein adult live entertainment is shown for observation by patrons. This shall apply whether the entertainment is presented on a regular, sporadic, or transient basis.
ADULT MOTEL. A hotel, motel, or similar commercial establishment that offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion picture, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas and has a sign visible from the public right-of-way that advertises the availability of this adult-type of photographic reproductions or offers a sleeping room for rent for a period of time that is less than 24 hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 24 hours.
ADULT MOTION PICTURE THEATER. An enclosed building or premises used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section for observation by patrons therein. ADULT MOTION PICTURE THEATER does not include any adult mini-motion picture theater, as defined in this section.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with viewing booths designed to hold patrons which is used for presenting motion pictures, a preponderance of which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas as defined in this section, for observation by patrons therein.
EMPLOYEE. A person who performs any service on the premises of an adult establishment on a full-time, part-time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and whether or not the person is paid a salary, wage, or other compensation by the operator of the business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises nor does EMPLOYEE include a person exclusively on the premises as a patron or customer.
ENLARGEMENT. An increase in the floor area of a sexually-oriented business by more than 10% as the floor area existed on January 9, 2001.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person and whose advertisements, promotions, or obvious intent to the public is sexual in nature.
ESCORT AGENCY. Any person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration and whose advertisement, promotions, or obvious intent to the public is sexual in nature.
ENTERTAINER. Any person who provides entertainment within or at an adult and sexually-oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided by that person as an employee or an independent contractor.
EROTIC. Any seductive, titillating, lustful, immodest, indecent, suggestive, passionate, or similar reference, act, service, or deed.
EXOTIC CAR WASH. A facility that offers a car cleaning or washing service performed by employees that are in a state of nudity or semi-nudity.
EXOTIC MAID SERVICE. A cleaning service for a residence or business where the employee is in a state of nudity or semi-nudity.
LICENSEE. A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
MASSAGE. The manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping by hand or mechanical device.
MASSAGE BUSINESS. Any establishment or business wherein massage is practiced, including establishments commonly known as health clubs, physical culture studios, massage studios, or massage parlors.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays specific anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.
NUDITY. Includes a state of nudity. The appearance of a human bare buttock, anus, anal cleft, cleavage, pubic area, male genitals, female genitals, or vulva with less than fully opaque covering or human male genitals in a discernibly turgid state even if completely and opaquely covered.
SEMI-NUDE.
(1) The appearance of the female breast below a horizontal line across the top of the areola at its highest point.
(2) This definition shall include the entire lower portion of the human female breast but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principle business purposes, offers for any form of consideration: physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons and/or persons of the same sex when one or more of the persons is in state of nudity or semi-nudity.
SEXUALLY-ORIENTED DEVICES. Without limitation, any artificial or simulated specified anatomical area or their device or paraphernalia that is designed principally for specified sexual activities but shall not mean any contraceptive device.
SPECIFIED ANATOMICAL AREA. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; or fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
SEXUALLY-ORIENTED BUSINESS. Any business or enterprise that has as one of its principle business purposes or as a significant portion of its business, an emphasis on matter and conduct depicting, describing, or relating to anatomical areas and sexual activities, as specified in G.S. § 14-202.10. This term may be used interchangeably with ADULT ESTABLISHMENT.
(Prior Code, § 114.02) (Ord. passed 2-9-2001)
Statutory reference:
Related provisions, see G.S. § 14-202.10