For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT. The regular presentation, for the fee or incidentally to another service, of material or exhibitions distinguished or characterized by an emphasis on matter depicting describing, or relating to specified sexual activities or specified anatomical areas, as defined below for observation by patrons therein.
ADULT ENTERTAINMENT ESTABLISHMENT.
(1) Any commercial establishment, including, but not limited to, adult bookstore, adult video store, adult theater, adult nightclub, sexual encounter center, massage parlor, rap parlor, lingerie modeling or sauna, which for a fee or incidentally to another service, regularly presents material or exhibitions distinguished or characterized by an emphasis on matter depiction, describing or relating to specified sexual activities or specified anatomical areas, as defined below for observation by patrons therein.
(2) ADULT ENTERTAINMENT ESTABLISHMENT further means any commercial establishment to which the public patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing sexually-oriented motion pictures, sexually-oriented movies, sexually-oriented films, adult videos or wherein an entertainer provides sexually-oriented entertainment to a member of the public, a patron or a member.
(a) ADULT BOOKSTORE. An establishment having any of its stock and trade in books, magazines, other periodicals or any other items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, for observation of the patrons therein; or in conjunction therewith has facilities for the presentation of sexually-oriented entertainment, including, but not limited to, sexually-oriented films, or sexually-oriented live entertainment, for observation by patrons therein.
(b) ADULT NIGHTCLUB. A theater, concert hall, auditorium, nightclub, bar, restaurant or similar commercial establishment which regularly features live performances that are characterized by any actual or simulated performance of specified sexual activities or the exposure of specified anatomical areas, as defined below.
(c) ADULT SERVICES. A video, CD, laser disk or similar medium with a cover that depicts specified anatomical areas or a transparent or less than opaque cover through which specified sexual activities or specified anatomical areas can be viewed.
(d) ADULT THEATER. An enclosed building regularly used for presenting films, motion pictures, video cassettes, slides or other photographic reproductions or other material depicting or relating to specified sexually activities or specified anatomical areas, as defined below, for observation by patrons therein.
(e) ADULT VIDEO STORES. A commercial establishment having any stock in adult videos, as defined below, which are rented or sold and presented for a fee or incidentally to another service; or in conjunction therewith, regularly presents on the premises sexually-oriented motion pictures or sexually-oriented films, adult videos or sexually-oriented live exhibitions which are distinguished or characterized by an emphasis on matter depiction, describing or relating to specified sexual activities or specified anatomical areas, as defined below for observation by patrons therein.
(f) SEXUALLY-ORIENTED. Any exhibition of any motion pictures, films, videos or live performance, display or dance of any type, removal of articles of clothing or appearing unclothed, pantomime, modeling or any other personal service offered customers which has a significant or substantial portion of such performance any actual or simulated performance of specified sexually activities or exhibition and viewing of specified anatomical areas.
AGGRAVATED RAPE. As defined in the Tenn. Code Ann. § 39-15-502.
AGGRAVATED SEXUAL BATTERY. As defined in the Tenn. Code Ann. § 39-15-504.
EMPLOYEE. Any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult entertainment establishment.
ENTERTAINER. Any persons, including independent contractors, who work in or at or render any service directly related to the operation of an adult entertainment establishment.
INDECENT EXPOSURE. As defined in the Tenn. Code Ann. § 39-15-511.
LOCATION. A single site for which only one use and occupancy permit would be required.
OBSCENITY. As defined in the Tenn. Code Ann. § 39-17-901(10).
OPERATOR. Any person, partnership or corporation operating, conducting or maintaining an adult entertainment establishment.
PATRONIZING PROSTITUTION. As defined in Tenn. Code Ann. § 39-13-512.
PROMOTING PROSTITUTION. As defined in Tenn. Code Ann. § 39-13-512.
PROSTITUTION. As defined in the Tenn. Code Ann. § 39-13-512.
RAPE. As defined in the Tenn. Code Ann. § 39-15-503.
RAPE OF A CHILD. As defined in the Tenn. Code Ann. § 39-15-522.
SEXUAL BATTERY. As defined in the Tenn. Code Ann. § 39-15-505.
SEXUAL EXPLOITATION OF A MINOR. As defined in the Tenn. Code Ann. §§ 39-17-1003, 39-17-1004 and 39-17-1005.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttocks; and/or
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state, even if completely 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 erotic touching of human genital, pubic region, buttocks or female breast.
STATUTORY RAPE. As defined in the Tenn. Code Ann. § 39-15-506.
(2011 Code, § 9-601)