For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT. Without limitation, material, services, goods, films, simulations, live performances or other activities which emphasize or seek to arouse or excite human sexual desires through specified sexual activities or specified anatomical areas and which, taken as a whole, appeal to prurient interests and lack serious literary, political or scientific value.
ADULT ESTABLISHMENT.
(1) A business entity or endeavor, whether fixed, mobile or traveling, which makes available adult entertainment to its patrons.
ADULT ESTABLISHMENT refers to its owners, operators, directors, shareholders, employees and possessions; and includes, but is not limited to, the following:
(a) Adult bookstore;
(b) Adult motion picture theater;
(c) Adult mini-motion picture theater; or
(d) Any commercial establishment not otherwise described herein which:
1. In addition to providing services unrelated to adult entertainment, makes adult entertainment available to its customers; or
2. Designates all or a portion of its premises as being for adults only, has a policy of excluding minors from all or a portion of its premises, or which advertises so as to convey the impression that adult entertainment is available at the premises or at that portion of the premises designated for adults only.
(2) This definition does not include video rental stores which derive less than 25% of their gross revenues from the rental or sale of adult films and show no adult films on the premises.
EMPLOYEE. Any person providing or engaging in adult entertainment who is hired by, suffered or permitted to work in an adult establishment whether that person receives remuneration 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.
LICENSEE. A person who is the holder of a valid license under this chapter and shall also include an agent, servant or employee of a licensee whenever a licensee is prohibited from doing a certain act under this chapter.
OPERATOR. Any person who establishes and/or maintains an adult establishment as its owner or manager and may also mean a “licensee”, as defined herein.
OWNER. Any person who holds legal title to real estate, with or without possession thereof, or has all or part of the beneficial ownership of any real estate and the right to the present use or enjoyment thereof, including a mortgagee in possession.
PERSON. Any individual, partnership, corporation or business entity.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; and/or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
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 other erotic touching of human genitals, pubic region, buttock or female breast.
(Ord. 993-299, passed 5-19-1993)