For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) "Adult arcade" means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained 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 the depicting or describing of "specified sexual activities" and/or "specified anatomical areas".
(b) "Adult bookstore, adult video store or adult novelty store" means a commercial establishment which has a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental, for any form of consideration, any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser or compact discs, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas;" or
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
(3) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental or material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas" or if the business advertises the sale or rental of any such material in a way that can be seen or heard from the outside of the location.
(c) "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features any of the following:
(1) Persons who appear in a state of nudity.
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(3) Films, motion pictures, video cassettes or video reproductions, slides, laser or compact discs, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas."
(d) "Adult motel: means a hotel, motel or similar commercial establishment which does any of the following:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, compact discs or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions.
(2) Offers a sleeping room for rent for a period of time that is less than ten hours.
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
(e) "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by or where the principal subject of depiction or description is "specified sexual activities" and/or "specified anatomical areas."
(f) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(g) "Employee, employ and employment" describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
(h) "Escort" is a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(i) "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(j) "Establishment" means any of the following:
(1) The opening or commencement of any sexually oriented business as a new business.
(2) The conversion of an existing business to a sexually oriented business or from one type of sexually oriented business to another type or types of sexually oriented business.
(3) The addition of any sexually oriented business to any other existing sexually oriented business.
(4) The relocation of any sexually oriented business.
(k) "Licensee" means a person in whose name a license to operate a sexually oriented business has been issued but also includes the individual listed as an applicant on the application for a license.
(l) "Nude model studio" means a commercial establishment which regularly features a person who appears in a state of nudity and is provided to be observed, sketched, drawn, painted, sculpted, or photographed by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Nebraska; or a college, junior college or university supported entirely or in part by public taxation; or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
(m) "Nude, nudity or state of nudity" means the showing or depiction of the human, post-pubertal male or female genitals, pubic area or buttocks with less than a full opaque covering, the showing or depiction of covered male genitals in a discernibly turgid state, or the showing or depiction of the female breast with less than a full opaque covering of any portion thereof below the top of the areolae of the nipple. This definition shall include the entire portion of the human female breast below the top of the areolae of the nipple, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing.
(n) "Operate or cause to be operated" means to cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether or not that person is an owner, part owner, or licensee of the business.
(o) "Person" means an individual, proprietorship, partnership, limited liability company or partnership, corporation, association or other legal entity.
(p) "Residential" means a single-family, two-family, or multiple family use as defined in ordinances of the City of Sidney.
(q) "Semi-nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and the female breast below the top of the areolae of the nipple, with other portions of the body covered by supporting straps, material or devices. This definition shall include the entire portion of the human female breast below the top of the areolae of the nipple, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, or bathing suit or other clothing.
(r) "Sexual encounter center" means a business or commercial enterprise that offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex.
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
(s) "Sexually oriented business" means an adult arcade, adult bookstore or adult novelty store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio or sexual encounter center.
(t) "Specified anatomical areas" means the human, post-pubertal male or female genitals, pubic area, or buttocks with less than a full opaque covering, the male genitals in a discernibly turgid state even if completely and opaquely covered, or the female breast with less than a full opaque covering of any portion thereof below the top of the areolae of the nipple.
(u) "Specified sexual activities":
(1) The fondling or other erotic touching of human genitals, pubic area, buttocks or female breasts whether clothed or unclothed;
(2) Acts whether actual or simulated, of human sexual intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) through (2) above.
(v) "Substantial enlargement" means the increase in floor area occupied by the business by more than 25%, as the floor area exists on the date this chapter takes effect or on the date of the issuance of a sexually oriented business license.
(w) "Transfer of ownership or control":
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 1586. Passed 2-27-07.)