As used in this article:
(a) "Adult Arcade" means any place to which the public is permitted or invited wherein any form of consideration is necessary to view electronically, electrically, digitally or mechanically, images, however produced and/or presented, which images are displayed and distinguished or characterized as exotic entertainment, and which images are intended to be viewed by five or fewer persons at any one time.
(b) "Adult Bookstore" means an adult novelty or adult video store - 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:
(1) Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized as exotic entertainment or
(2) Instruments, devices, or paraphernalia which is designed for use in connection with exotic entertainment.
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing exotic entertainment and still be categorized as an adult book store, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such 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 as exotic entertainment.
(c) "Adult Cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances which are characterized as exotic entertainment;
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized as exotic entertainment.
(d) "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 as exotic entertainment.
(e) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized as exotic entertainment.
(f) "Employee" means a person who performs any service on the premises of an exotic entertainment 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 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.
(g) "Establishment" includes:
(1) The opening or commencement of any exotic entertainment business as a new business;
(2) The conversion of an existing business, whether or not originally an exotic entertainment business, to any exotic entertainment business;
(3) The additions of any exotic entertainment business to any other existing exotic entertainment business; or
(4) The relocation of any exotic entertainment business.
(h) "Exotic Entertainment" means live entertainment, dancing or other services conducted by persons while nude or semi-nude in a commercial setting or for profit. Semi-nude means the appearance of:
(1) The female breast below a horizontal line across the top of the areola at its highest point, including the entire lower portion of the human female breast, but does not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided that the areola is not exposed, in whole or in part;
(2) A human fully bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering;
(3) A human male genital in a discernibly turgid state even if completely and opaquely covered.
(i) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(j) "Residential Area" means two or more structures utilized as primary residences existing within 500 feet of each other.
(k) "Substantial Enlargement" means the increase in floor areas occupied by the business by more than fifteen percent (15%) as the floor areas exist on the date this article takes effect.
(l) "Transfer of Ownership or Control" means:
(1) The sale, lease or sub-lease of the exotic entertainment business;
(2) The transfer of securities which constitute a controlling interest in the exotic entertainment business, whether by sale, exchange or similar means;
(3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the exotic entertainment business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Passed 3-27-06.)