For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DIRECTOR. The Chief Financial Officer of the City of Scottsville or his or her designee.
EMPLOYEE. Any person hired by or suffered or permitted to work in an establishment engaging in sexually-explicit entertainment activities whether that person received remuneration or compensation directly from the operator or owner of the establishment, from patrons of the establishment, or from any other source, whether by contract of employment or otherwise.
ESTABLISHMENT. A business entity or endeavor, fixed, mobile, or traveling, including its owners, operators, directors, shareholders, partners, employees, and possession.
LICENSEE. A person who is the holder of a valid license under this chapter, also including an agent, servant, or employee of, or other person acting on behalf of a LICENSEE whenever a LICENSEE is prohibited from doing a certain act under this chapter.
OPERATOR. Any individual, partnership, corporation, or business entity with all such individuals, partners, shareholders, officers, and directors over the age of 18 who establishes or maintains a business as its owner or manager, and shall also mean LICENSEE as defined in this chapter.
OWNER. Any individual, partnership, corporation, or business entity who has legal title to real estate, with or without accompanying actual possession thereof, or has all or part of the beneficial ownership of any real estate and a right to present use and enjoyment thereof, including a mortgagee in possession.
PERSON. Any individual, partnership, corporation, or business entity.
PRINCIPAL USE.
(1) A substantial or significant use.
(2) Any of the following criteria shall constitute evidence that an establishment is engaging in sexually-explicit entertainment activity as a PRINCIPAL USE:
(a) Contains more than 15% of its stock in trade in material distinguished or characterized by an emphasis in sexual activity;
(b) Devotes more than 15% of its floor space which is open to either the public generally or to members of the public other than minors for the display of material distinguished or characterized by an emphasis on sexual activities;
(c) Has more than a total of 200 square feet provided for the display, storage, or sale of material distinguished or characterized by an emphasis on sexual activities; or
(d) Advertises in a manner visible from the outside of the business premises the availability of material or entertainment distinguished or characterized by an emphasis on sexual activities.
SEXUAL ACTIVITIES. Depiction of human genitals in a state of sexual stimulation, acts of human masturbation, sexual intercourse, or sodomy, holding or other erotic touching of human genitals, pubic region, buttocks, or breasts.
SEXUALLY-EXPLICIT ENTERTAINMENT ACTIVITY OR ACTIVITIES or SEXUALLY- EXPLICIT ENTERTAINMENT ESTABLISHMENT. One or more of the following activities.
(1) CABARET. An establishment which features, as a principal use of its business, entertainers, waiters, bartenders, male or female impersonators, or persons, either male or female, who expose to public view of the patrons of the establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state.
(2) COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any commercial establishment not otherwise described in this section which makes available material, services, or entertainment appealing to sexual interests, including, but not limited to, a bath house, swingers’ club, or similar establishment if the establishment or its entertainment, services, or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to such adult sexual interests.
(3) MASSAGE PARLOR. An establishment for treating the human body by rubbing, stroking, kneading, tapping, or similar treatment with the hand which promotes its services in a manner designed to appeal to the patron’s sexual interest.
(4) SELF-DESIGNATED SEXUALLY-EXPLICIT ENTERTAINMENT CENTER. Any establishment which designates all or a portion of its premises as for adults only, or has a policy of excluding minors from its premises or from a portion of its premises and which makes available services, entertainment, or goods at the premises or at the portion of the premises designated for adults only which are characterized or distinguished by depictions of sexual activities as defined in this chapter.
(5) SEXUALLY-EXPLICIT AMUSEMENT ARCADE. An establishment having as one of its principal uses one or more of the following: customer-operated motion picture devices; peep shows; viewing areas, or similar devices either coin, token, or slug operated; or which, in consideration of an entrance fee, display material distinguished or characterized by an emphasis on depictions of sexual activities, as defined in this section, or which offer male or female persons who expose to view of the customer the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even in partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state even if completely or opaquely covered.
(6) SEXUALLY-EXPLICIT BOOKSTORE. An establishment having as one of its principal uses the sale, rent, or display of pictures, books, periodicals, magazines, appliances, and similar material which are distinguished or characterized by their emphasis on depictions of sexual activities as defined in this section or an establishment with a substantial segment or section devoted to the sale, rental, or display of such material.
(7) SEXUALLY-EXPLICIT ENTERTAINMENT PROVIDER. A commercial establishment, such as a hotel or motel, which in addition to providing as the major part of its business services unrelated to depictions of sexual activities as defined in this section, makes entertainment, either live or on film or video tape, available to its customers, which entertainment has as a dominant theme or is characterized or distinguished by an emphasis on matter depicting, describing, or relating to sexual activities, if such establishment advertises the availability of such sexually-explicit entertainment at this establishment. The advertisement of such materials shall not include the position of a card or handbill on or near a television set in a hotel or motel room advising room guests that such sexually-explicit movies are available upon request of the guest or advertising informing the public of the availability of commercial cable channels.
(8) SEXUALLY-EXPLICIT ESCORT or ESCORT SERVICE. A person or business which is held out to the public to be available for hire and which for monetary consideration agrees to consort with or accompany another or others to or about social affairs, entertainments, or places of amusement or within any place of public resort or within any private quarters and advertises, communicates, or offers that sexually-explicit entertainment activity will be provided.
(9) SEXUALLY-EXPLICIT MOTION PICTURE THEATER. An establishment having or advertising as having as one of its principal uses the presentation of motion picture, slide projections, and other similar material having as a dominant theme or characterized or distinguished by an emphasis on mailer depicting, describing, or relating to sexual activities for observation by persons therein.
(10) SEXUALLY-EXPLICIT STAGE SHOW THEATER. An establishment having as one of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing, or relating to sexual activities, as defined in this chapter, for observation by persons therein.
(11) SEXUALLY-EXPLICIT VIDEO CASSETTE CENTER. A commercial establishment which has as one of its principal uses the rental or retail sale of video cassettes which depict material distinguished or characterized by an emphasis on or depictions of sexual activities, as defined in this chapter, and which does not provide an on-premises showing of such materials.
(12) TAXI DANCE HALL. An establishment operated as a public dance hall where dance partners, either male or female, are available for hire for a monetary consideration payable either by the dance or as part of an entrance fee or membership fee.
(Ord. 685-01, passed - -)