For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT CABARET. A nightclub, restaurant or other establishment which regularly features or displays:
(1) Live performances, displays or dancing predominantly characterized by an emphasis on the exposure of any specified anatomical area or by any specified sexual activity; or
(2) Films, motion pictures, video cassettes, DVDs, slides, computer displays, other photographic reproductions or other visual media predominantly characterized by an emphasis on the depiction or description of any specified sexual activity or any specified anatomical area.
ADULT MERCHANDISE STORE. An establishment that emphasizes merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area. An establishment emphasizes merchandise that is predominantly distinguished by its “emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area” if any one or more of the following applies to the establishment:
(1) Twenty-five percent or more of the establishment’s retail display space (excluding bathrooms, office areas, fitting rooms, eating areas, storage areas, closets and other non-public areas) is used for the sale of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area;
(2) Twenty-five percent or more of the establishment’s visible inventory is comprised of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area;
(3) Twenty-five percent or more of the establishment’s gross revenues are generated by the sale or rental of merchandise that is predominantly distinguished or characterized by its emphasis on matter depicting, describing or relating to any specified sexual activity or any specified anatomical area; and
(4) The establishment is operated consistently with its being an adult-oriented business (such as, advertising is directed to an “adults only” market; the establishment self-imposes or imposes consistent with state or federal law, prohibitions on minors being present in the establishment and the like).
ADULT MOTEL. A hotel, motel or similar establishment that:
(1) Offers accommodation to the public for any form of consideration and provides patrons with close-circuit television (as distinguished from commercial cable services), transmissions, films, motion pictures, video cassettes, DVDs, slides, computer displays, other photographic reproductions or visual media that are characterized by an emphasis on the depiction or description of any specified sexual activity or any specified anatomical area; or
(2) Offers a sleeping room for rent, or 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, if the rental of such rooms accounts for more than 10% of the establishment’s gross revenues.
ADULT-ORIENTED BUSINESS. A business or commercial establishment engaging in one or more of the following enterprises, uses or activities:
(1) Adult cabaret;
(2) Adult merchandise store;
(3) Adult motel;
(4) Adult theater;
(5) Escort agency;
(6) Nude or semi-nude model studio; or
(7) Sexual encounter center.
ADULT THEATER. A theater, concert hall, auditorium or similar establishment which regularly features live performances predominantly characterized by an emphasis on the exposure of any specified anatomical area or by any specified sexual activity or which regularly or primarily shows films, motion pictures, video cassettes, DVDs, slides, computer displays, other photographic reproductions or visual media predominantly characterized by an emphasis on the depiction or description of any specified sexual activity or any specified anatomical area. This definition includes, without limitation, establishments which offer individual viewing booths.
EMPLOYEE. A person who performs any service for any consideration on the premises of an adult-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated as an employee, independent contractor, agent or otherwise, and whether or not said person is paid a salary, wage or other compensation by the operator of said adult-oriented business. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
ESCORT. A person who, for any form of consideration and regardless of who pays that consideration, agrees to act or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or entity which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration. An ESCORT AGENCY is deemed to be operated in the location where:
(1) A request for an escort is received; or
(2) The escort and the person requesting the escort are together.
MATERIAL. Anything tangible, whether through the medium of reading, observation, viewing, sound or in any other manner, including, but not limited to, anything printed or written, any book, magazine, newspaper, pamphlet, picture, drawing, pictorial representation, motion picture, photograph, video tape, video disk, DVD, film, computer display, transparency, slide, audiotape, audio disk, computer tape, holographic images or any other medium used to electronically produce or reproduce images, or any mechanical, chemical or electronic reproduction. MATERIAL includes undeveloped photographs, molds, printing plates and other latent representational objects whether or not processing or other acts are required to make the content of the material apparent. This definition is intended to include material which is the product of any technology, whether that technology is available on the effective date of the ordinance that added this definition or becomes available after that date.
MERCHANDISE. Material, products and novelties.
NOVELTY. Any instrument, device or paraphernalia which depicts or describes any specific anatomical area or any specific sexual act, or which is designed for use, or commonly used, in connection with specific sexual activities, excluding condoms and other birth control and disease prevention products.
NUDITY, NUDE or STATE OF NUDITY. The knowing or intentional live display of a human genital organ or anus with less than a fully opaque covering or a female’s breast with less than a fully opaque covering of the nipple and areola. NUDITY, as used in this subchapter, does not include a woman’s breast-feeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.
NUDE OR SEMI-NUDE MODEL STUDIO. Any place where a person who displays any specified anatomical area is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by any other person who pays money or any form of consideration, but does not include the following:
(1) An educational institution funded, chartered or recognized by the state; or
(2) Any modeling session for a local, non-profit organization, that is not open to the public or to any persons other than members of the organization, that is for the purpose of instruction in the artistic depiction in two-dimensional or three-dimensional media of the human form, during which no specified sexual activities occur and during which the model remains in a fixed pose.
OPERATE or CAUSE TO OPERATE. To cause to function or to put or keep in a state of doing business.
OPERATOR. Any person on the premises of an adult-oriented business who exercises overall operational control of the business or a part of the business, who can open or close the business to the public, or who causes to function or who puts or keeps the business open or in operation. A person may be found to be “operating” or “causing to be operated” an adult-oriented business regardless of whether that person is an owner or part owner of the business.
PATRON. A customer of the adult-oriented business or a person from the general public, not an employee of the business, who is on the premises to obtain, receive or view the products, services or performances offered by the business.
REGULARLY. Recurring, attending or functioning at fixed or uniform intervals.
SEMI-NUDITY or SEMI-NUDE or IN A SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited in a bikini, dress, blouse, shirt, leotard or similar wearing apparel provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER. An establishment, except that which is part of the practice of and under the supervision and control of a physician, psychologist or psychiatrist licensed to practice in the state, that offers:
(1) Activities between male and female persons and/or persons of the same sex when one or more of the persons exposes or displays any specified anatomical area; or
(2) The matching and/or exchanging of persons for any specified sexual activities.
SPECIFIED ANATOMICAL AREA. Any or more of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast at or below the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
(2) A sex act, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of activities set forth in divisions (1), (2) or (3) above.
(Ord. passed 7-12-2012, § 8.5)