For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ESTABLISHMENT. This term means:
a. Any business that is conducted exclusively for the patronage of adults and that excludes minors from patronage, either by operation of law or by the owners of the business, except any business licensed under Title 400 of this code;
b. Any business that devotes 25% or more of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to or derives 25% or more of its revenues from, items, merchandise, devices or other materials distinguished or characterized by an emphasis on material depicting, exposing, simulating, describing, discussing or relating to specified sexual activities or specified anatomical areas; or
c. Any business that engages in any adult use, as defined in this chapter.
ADULT USE. Any of the following activities or businesses.
a. ADULT BODY PAINTING STUDIO. An establishment or business that provides the service of applying paint, ink or other substance, whether transparent or non-transparent, to the body of a patron when the person is nude.
b. ADULT BOOKSTORE. An establishment or business used for the barter, rental or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape or motion picture film if:
(1) The business is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age; or
(2) 25% or more of the floor area of the business (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) is devoted to, or 25% or more of the revenue of the business is derived from, items, merchandise or other materials distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing or relating to specified sexual activities or specified anatomical areas.
c. ADULT CABARET. A business or establishment that provides dancing or other live entertainment distinguished or characterized by an emphasis on:
(1) The depiction of specified sexual activities or specified anatomical areas; or
(2) The presentation, display or depiction of matter that seeks to evoke, arouse or excite sexual or erotic feelings or desire.
d. ADULT COMPANIONSHIP ESTABLISHMENT. A business or establishment that excludes minors by reason of age and that provides the service of engaging in or listening to conversation, talk or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
e. ADULT CONVERSATION/RAP PARLOR. A business or establishment that excludes minors by reason of age and that provides the services of engaging in or listening to conversation, talk or discussion distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
f. ADULT HEALTH/SPORT CLUB. A health/sport club that excludes minors by reason of age and that is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
g. ADULT HOTEL OR MOTEL. A hotel or motel that excludes minors by reason of age and that presents material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
h. ADULT MASSAGE PARLOR/HEALTH CLUB. A massage parlor or health club that excludes minors by reason of age and that provides massage services distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
i. ADULT MINI-MOTION PICTURE THEATER. A business or establishment with a capacity of less than 50 persons that presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
j. ADULT MODELING STUDIO. A business or establishment that provides figure models who, with the intent of providing sexual stimulation or sexual gratification, engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted.
k. ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited where coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image- producing devices are used to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
l. ADULT MOTION PICTURE THEATER. A motion picture theater with a capacity of 50 or more persons that as a prevailing practice excludes minors by reason of age or that as a prevailing practice presents material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons.
m. ADULT NOVELTY BUSINESS. An establishment or business that devotes 25% or more of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to, or derives 25% or more of its revenues from items, merchandise or devices that either simulate specified sexual activities or specified anatomical areas or are designed for sexual stimulation.
n. ADULT SAUNA. A sauna that excludes minors by reason of age and that provides a steam bath or heat bathing room used for the purpose of bathing, relaxation or reducing, if the service provided by the sauna is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
o. ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
NUDE or SPECIFIED ANATOMICAL AREAS. This term means:
a. Less than completely and opaquely covered human genitals, pubic regions, buttocks, anuses or female breasts below a point immediately above the top of the areola; and
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. This term means:
a. Actual or simulated: sexual intercourse; oral copulation; anal intercourse; oral-anal copulation; bestiality; direct physical stimulation of unclothed genitals; flagellation or torture in the context of a sexual relationship; the use of excretory functions in the context of a sexual relationship; anilingus; buggery; coprophagy; coprophilia; cunnilingus; fellatio; necrophilia; pederasty; pedophilia; piquerism; sapphism; or zooerastia;
b. Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
d. Fondling or touching of nude human genitals, pubic regions, buttocks or female breasts;
e. Situations involving a person or persons, any of whom are nude, who are clad in undergarments or in sexually revealing costumes and engaged in the flagellation, torture, fettering, binding or other physical restraint of any person;
f. Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
g. Human excretion, urination, menstruation or vaginal or anal irrigation.
(1987 Code, § 309.02)