For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ADULT ARCADE. Any place to which the public is permitted, or invited, wherein coin operated, slug operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still, or motion picture machines, projectors, video, or laser disc players, 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, or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE.
(1) A commercial establishment which, as one of its principal purposes, offers for sale, or rental, for any form of consideration, any one, or more of the following:
(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction, or description, of specified sexual activities, or specified anatomical areas; or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale, or rental, of material depicting, or describing, specified sexual activities, or specified anatomical areas, and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other business purposes will not serve to exempt the commercial establishments 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 are characterized by the depiction of specified sexual activities, or specified anatomical areas.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity, or semi-nude;
(2) Live performances that are characterized by the exposure of specified anatomical areas, or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the exposure of specified anatomical areas, or by specified sexual activities.
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, 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 that advertises the availability of this type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant, or occupant, of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction, or description, of specified sexual activities, or specified anatomical areas.
ADULT THEATER. A theater, concern, hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or semi-nude, or live performances that are characterized by the exposure of specified anatomical areas, or specified sexual activities.
EMPLOYEE. A person who performs any service on the premises of a sexually-oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the person is paid a salary, wage, or other compensation by the operator of the 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 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.
ESCORT AGENCY. 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.
ESTABLISHMENT. 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, whether or not a sexually-oriented business, to any sexually-oriented business;
(3) The additions of any sexually-oriented business to any other existing sexually-oriented business; or
(4) The relocation of any sexually-oriented business.
LICENSEE. A person in whose name a license to operate a sexually-oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually-oriented business.
NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas, and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money, or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the state, or a college, junior college, or university supported entirely, or in part, by public taxation; 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; or in a structure:
(1) That has no sign visible from the exterior of the structure, and no other advertising that indicates a nude, or semi-nude, person is available for viewing;
(2) Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude, or semi-nude, model is on the premises at any one time.
NUDITY OR A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEMI-NUDE or IN A SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point, or the showing of the male, or female, rear of the body which lies between two imaginary lines running parallel to the ground when a person is standing, the first, or top, of the line drawn at the top of the cleavage of the nates, and the second, or bottom, line drawn at the lowest visible point of the cleavage, or the lowest point of the curvature of the fleshy protuberance, whichever is lower, and between two imaginary lines on each side of the body, which lines are perpendicular to the ground and to the horizontal lines described above, and which perpendicular lines are drawn through the point at which each nate meets the outer side of each leg. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel; provided, the areola is not exposed in whole, or in part.
SEXUAL ENCOUNTER CENTER. A business, or commercial enterprise, that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(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.
SEXUALLY-ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREA.
(1) The human male genitals in a discernibly turgid state, even if completely, and opaquely, covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY. Any of the following offenses:
(1) Prostitution, or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession, or distribution, of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal, or penal, code of other states or countries, for which:
(a) Less than two years have elapsed since the date of conviction, or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction, or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of the last conviction, or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two, or more, misdemeanor offenses, or combination of misdemeanor offenses occurring within any 24-month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant, or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling, or other erotic touching, of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, or copulation, masturbation, or sodomy; or
(3) Excretory functions as part of, or in connection with, any of the activities set forth in divisions (1) and (2) above.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY-ORIENTED BUSINESS. The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on January 1, 2000.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS. Any of the following:
(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 control.
(Prior Code, § 11.70)