For the purpose of this chapter, the following words shall have the following meanings:
ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment:
A. Which excludes minors from more than fifteen percent (15%) of the retail floor or shelf space of the premises; or
B. Which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas"; or instruments, devices or paraphernalia which are designated for use in connection with "specified sexual activities", except for legitimate medically recognized contraceptives.
ADULT BUSINESS: An adult motion picture theater, adult bookstore or adult video store.
ADULT MOTION PICTURE THEATER: A commercial establishment which:
A. Excludes minors from the showing of two (2) consecutive exhibitions; repeated showings of any single presentation shall not be considered a consecutive exhibition; or
B. As its principal business, shows, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT THEATER: A theater, concert hall, auditorium, or similar commercial establishment which:
A. Holds itself out as such a business; or
B. Excludes minors from the showing of two (2) consecutive exhibitions; repeated performance of the same presentation shall not be considered a consecutive exhibition; or
C. As its principal business, features persons who appear in live performances in a state of nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
BUSINESS LICENSE AUTHORITY: The city's business license supervisor or designee.
EMPLOY: Hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.
ESCORT: Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. "Escort" shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or persons with disabilities, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. "Escort" shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
ESCORT SERVICE: An individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.
ESCORT SERVICE RUNNER: Any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort or patron by contacting or meeting with escort services, escorts or patrons at any location within the city, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.
NUDE AND SEMINUDE DANCING AGENCY: Any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books or otherwise engages or offers to furnish, book or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for nude entertainment, seminude dancing bars, or adult theaters.
NUDE ENTERTAINMENT BUSINESS: A business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of nudity or seminudity. A business shall also be presumed to be a nude entertainment business if the business holds itself out as such a business.
NUDITY OR STATE OF NUDITY: A state of dress in which the nipple and areola of the female breast, or male or female genitals, pubic region or anus are covered by less than the covering required in the definition of "seminude".
OUTCALL SERVICES: Services of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including, but not limited to, escorts, models, dancers and other similar employees.
PATRON: Any person who contracts with or employs any escort services or escort or the customer of any business licensed pursuant to this chapter.
PECUNIARY COMPENSATION: Any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.
PERSON: Any person, unincorporated association, corporation, partnership or other legal entity.
SEMINUDE: A state of dress in which opaque clothing covers no more than the nipple and areola of the female breast, and the male or female genitals, pubic region and anus shall be fully covered by an opaque covering no narrower than four inches (4") wide in the front and five inches (5") wide in the back which shall not taper to less than one inch (1") wide at the narrowest point.
SEMINUDE DANCING BARS: Any business licensed as a class B or a class C social club or as a class C tavern, which permits dancing, modeling, or other performance or appearance however characterized, in a state of seminudity.
SEXUALLY ORIENTED BUSINESS: Nude entertainment businesses, sexually oriented outcall services, adult businesses, "seminude dancing bars" and seminude dancing agencies, as defined by this chapter.
SEXUALLY ORIENTED BUSINESS EMPLOYEES: Those employees who work on the premises of the sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees whether or not hired as employees, agents or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. Sexually oriented business employees shall not include cooks, serving persons, bartenders and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs and other similar employees, shall be considered sexually oriented business employees.
SPECIFIED ANATOMICAL AREAS: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the end thereof with less than full opaque covering.
SPECIFIED SEXUAL ACTIVITIES:
A. Acts of:
1. Masturbation,
2. Human sexual intercourse,
3. Sexual copulation between a person and a beast,
4. Fellatio,
5. Cunnilingus,
6. Bestiality,
7. Pederasty,
8. Buggery, or
9. Any anal copulation between a human male and another human male, human female, or beast;
B. Manipulating, caressing or fondling by any person of:
1. The genitals of a human,
2. The pubic area of a human,
3. The uncovered female nipple and areola;
C. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. (Ord. 64-12, 2012: Ord. 20-06 § 1, 2006: Ord. 1-06 § 13, 2006: Ord. 53-88 §§ 1, 2, 10, 1988: Ord. 36-88 §§ 1, 4, 5, 13, 1988: Ord. 21-88 § 1, 1988: prior code § 20-40-5)