For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ADULT ENTERTAINMENT ACTIVITY OR ACTIVITIES" or "ADULT ENTERTAINMENT ESTABLISHMENT." One or more of the activities defined below:
(A) Adult Amusement Arcade. An establishment having one or more of the following customer-operated motion picture devices, peep shows, viewing areas and/or similar devices either coin, token or slug operated or which, in consideration of an entrance fee, display matter distinguished or characterized by an emphasis on depictions of sexual activities, as hereinafter defined, or which other 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 if partially or completely covered by translucent material, or human or simulated male genitals in a discernibly turgid state, even if completely or opaquely covered.
(B) Adult Book Store. 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 or depictions of sexual activities as hereinafter defined.
(C) Adult 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 herein defined, makes entertainment (either live or 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 adult entertainment at its establishment. The advertisement of such materials shall not include the posting of a card of handbill on or near a television set in a hotel or motel room advising room guests that such adult movies are available upon request of the guest, or advertising informing the public of availability of commercial cable channels.
(D) Adult Motion Picture Theater. An establishment having as one of its principal uses the presentation of motion pictures, slide projections and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as hereinafter defined, for observation by persons herein. The nature and extent of advertisements for such matter may be considered in determining whether the activity is one of the establishment's principal uses.
(E) Adult 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 hereinafter defined for observation by persons therein.
(F) Cabaret. An establishment which features as one of its principal uses, entertainers and/or waiters and/or bartenders, male or female impersonators and/or persons, either male or female, who expose to public view the patrons of the entertainment any time the bar 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, and/or human or simulated male genitals in a discernibly turgid state, even if completely and opaquely covered.
(G) Massage parlor. An establishment for treating the human body by rubbing, stroking, kneading, tapping or similar treatment with the hand or any other part of the human body which promotes its services in a manner designed to appeal to the patron's sexual interest.
(H) Self-designated Adult Entertainment Center. Any establishment which designates all or a portion of its premises as for adults only and has a policy of excluding minors from its premises or from a portion of its premises or which advertises so as to convey the impression that the services, entertainment, matter or goods available at the premises or at the portion of the premises designated for adults only are characterized or distinguished by depictions of sexual activities, as herein defined.
"EMPLOYEE." Any person hired by or suffered or permitted to work in an establishment engaging in adult entertainment activities whether that person receives 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 possessions.
"LICENSEE." A person who is the holder of a valid license under this ordinance and shall also include an agent, servant, or employee of or other person acting on behalf of a license whenever a licensee is prohibited from doing a certain act under this ordinance.
"MATTER." Any book, magazine, newspapers, or other printed or written material or any picture, drawing, photograph, motion picture, video cassette film or other pictorial representation or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines or materials.
"OPERATOR." Any individual, partnership, corporation or business entity who establishes and/or maintains a business as its owner or manager and may also mean LICENSEE as defined here above.
"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 of enjoyment thereof, including a mortgage in possession.
"PERSON." Any individual, partnership, corporation or business entity.
"PRINCIPAL USE." A substantial or significant use, but not necessarily a majority of the business activity or stock in trade. The fact that a business may have one or more other principal uses unrelated to adult entertainment shall not relieve the business from the provisions of this ordinance applicable to adult entertainment establishments. The fact that an establishment dedicates a section or area of the business premises for a business purpose or activity which would otherwise require licensing under this ordinance if such purposes or activity were the sole business or activity of the establishment may be considered evidence of a PRINCIPAL USE.
"SEXUAL ACTIVITIES." Partial or complete male and/or female nudity in conjunction with:
(1) Depiction of human genitals in a state of sexual stimulation;
(2) Acts of human masturbation, sexual intercourse of sodomy; or
(3) Holding or other erotic touching of human genitals, pubic regions, buttocks or breasts.
(Ord. 98-11-05(B), passed 11-5-98)