For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINER. Any individual who engages in conduct as defined in LIVE ADULT ENTERTAINMENT in this section who receives a salary, wages, tips, gratuities or other remuneration either from patrons of a business or from the owner, operator his or her assigns, partners, employees or agents for services or performances as defined in LIVE ADULT ENTERTAINMENT in this section.
BUSINESS. Any business within the Municipal limits of the Town of Sellersburg wherein those activities as defined in LIVE ADULT ENTERTAINMENT in this section are conducted for profit.
LIVE ADULT ENTERTAINMENT.
(1) Any live performance which the average person, applying contemporary community standards, finds that the dominant theme of the performance, taken as a whole, appeals to the basic interest in sex.
(2) Any live performance wherein the matter of the performance depicts or describes, in a patently offensive way, sexual conduct.
(3) Any live performance, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(4) Any live performance wherein the participant appears in a state of nudity.
(5) Any business wherein its employees, sub-contractors, independent contractors, or any individual who performs any service upon the premises who receives a salary, wages, tips, gratuities or other remuneration either from the patrons of the business or from the owner, operator, his or her assigns, partners, employees or other agent, wherein the employee, sub-contractor, or individual performs the service in a state of nudity.
NUDITY.
(1) The showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering;
(2) The showing of the female breast with less than a fully opaque covering of any part of the nipple; or
(3) The depiction of covered male genitals in a discernible turgid state.
OPERATOR. An individual, corporation, partnership, manager or other person who conducts the day-to-day operation of a business as defined herein.
OWNER. Any person who owns or has legal right to possession of a building, store front or structure within which any of those defined businesses are being operated.
PERFORMANCE. Any play, dance or other live exhibition or presentation, performed before an audience of one or more persons.
PERSON. Individual, firm, corporation, association, fiduciary, partnership or any other business entity.
(Ord. 2011-003, passed 2-14-11)