For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT MACHINE. Includes any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas,” as defined below, for observation by patrons.
ADULT BOOKSTORE. An establishment having any portion of its stock and trade in books, films, video cassettes, compact discs or 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.” This definition shall not apply to any establishment in which such materials are concealed so as not to permit the observation of “specified sexual activities” and “specified anatomical areas” by the general public.
ADULT ENTERTAINMENT. Any exhibition of any motion pictures, video tapes, live performances, displays or dances of any type, which has as a significant or substantial portion of such performances any actual or simulated performance of “specified sexual activities” or exhibition and viewing of “specified anatomical areas.”
ADULT MOTION PICTURE THEATER. An enclosed building regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined below for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT. Includes, without limitation, “adult bookstores,” “adult motion picture theaters” and commercial establishments containing one or more “adult amusement machines.” ADULT-ORIENTED ESTABLISHMENT further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult entertainment when such establishment is operated or maintained for a profit, direct or indirect.
AMUSEMENT MACHINE. Includes any machine which, upon the payment of a charge or upon the insertion of a coin, slug, token, plate or disk, may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score and whether or not electronically operated.
EMPLOYEE. Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.
ENTERTAINER. Any person who provides entertainment within an adult-oriented establishment as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.
INSPECTOR. An agent of the Director of Health, the Zoning Enforcement Officer, the Building Official, any Police Officer, the Fire Marshal and any person to whom any of those officials or the Board of Selectmen may delegate the duty to perform functions under this chapter.
MINOR. A person under the age of 18 years.
OPERATOR. Any person, partnership or corporation operating, conducting or maintaining an adult-oriented establishment.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals and pubic region;
(b) Buttocks; and
(c) Female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED ANATOMICAL AREAS and SPECIFIED SEXUAL ACTIVITIES. Do not include materials depicted in any medical publications or films, any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography, in any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news, or in publications or films which describe and report different cultures which, from time to time, publish or show photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; and/or
(3) Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.
TOWN MEETING. The town meeting of the Town of Salem, Connecticut.
(Ord. passed 2-29-1996)