The following words and phrases used in this chapter and subsection 10-3-5J and title 11, appendix C, of this Code shall have the following meanings unless a different meaning clearly appears from the context:
ADULT BOOKSTORE OR ADULT VIDEO STORE: A business establishment which:
A. Holds itself out to be such a business; or
B. Excludes minors from more than thirty percent (30%) of the retail floor or shelf space of the premises; or
C. Which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas", or instruments, devices or paraphernalia which are designated for use in connection with specified sexual activities, except for legitimate medically recognized contraceptives.
ADULT BUSINESS: An adult theater, adult cabaret, adult motion picture theater, adult escort services, outcall services, adult bookstore or adult video store.
ADULT CABARET: An establishment which features as a principal use of its business, waiters, waitresses or bartenders who are in a state of nudity or seminudity, and/or which features on a regular basis entertainers who perform in a state of nudity or seminudity.
ADULT MOTION PICTURE THEATER: A business establishment which:
A. Holds itself out as such a business; or
B. As its principal business, regularly shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT/SEX ORIENTED FACILITY OR BUSINESS: "Nude or seminude entertainment businesses" and "adult businesses", as defined in this section.
ADULT THEATER: A theater, concert hall, auditorium, or similar business establishment which:
A. Holds itself out as such a business; or
B. As its principal business, regularly features persons who appear in live performance in a state of nudity or seminudity or which are characterized by the exposure of "specified anatomical areas" or by "specific sexual activities".
DISTANCE: All distances discussed herein as they pertain to buffers from other adult/sex oriented facilities or businesses, churches, schools, parks and residential zone districts are measured as follows:
In a straight line, without regard to intervening structures, from the nearest property line of the school, park, church, residential zone district or other adult/sex oriented facility or business to the nearest property line of the adult/sex oriented facility or business.
ESCORT: Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies, or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. "Escort" shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing.
ESCORT SERVICE: An establishment which features as a principal use of its business, for pecuniary compensation, furnishing or offering to furnish escorts, or provides or offers to introduce patrons to escorts.
NUDE OR SEMINUDE ENTERTAINMENT BUSINESS: A business, including an adult theater, where employees/entertainers perform or appear in the presence of patrons of the business in a state of nudity or seminudity. A business shall also be presumed to be a nude or seminude entertainment business if the business holds itself out as such a business.
NUDITY OR STATE OF NUDITY: A state of dress in which the areola of the female breast, or male or female genitals, pubic region or anus are covered by less than the covering required in the definition of seminude.
OBSCENE: Any material or performance is obscene if:
A. The average person, applying contemporary community standards, finds that, taken as a whole, it appeals to prurient interest in sex;
B. It is patently offensive in the description or depiction of nudity, sexual conduct, sexual excitement, sadomasochistic abuse or excretion; and
C. Taken as a whole, it does not have serious literary, artistic, political or scientific value.
OPERATOR: The manager or other natural person principally in charge of an adult/sex oriented facility or business.
OUTCALL SERVICES: Escorts and businesses which provide, as any portion of their business, nude or seminude services outside of the premises in any place of private resort or private quarters by models, dancers or other similar employees.
SEMINUDE: A state of dress in which a person wears opaque clothing, covering: a) only the male or female genitals, pubic region and anus, by an opaque cover that is four inches (4") wide in the front and five inches (5") wide in the back tapering to one inch (1") at the narrowest point; and b) only the nipple and areola of the female breast, if applicable.
SEXUALLY ORIENTED BUSINESS EMPLOYEES: Those employees who work on the premises of the adult/sex oriented facility or business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models and other similar employees whether or not hired as employees, agents or independent contractors. "Employees" shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers and similar employees. All persons employed by an outcall service making outcall meetings under this section, including dancers, escorts, models, guards, drivers and other similar employees, regardless of the employee's state of dress, shall be considered sexually oriented business employees.
SPECIFIED ANATOMICAL AREAS: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the end thereof with less than full opaque covering.
SPECIFIED SEXUAL ACTIVITIES: A. Acts of masturbation, human sexual intercourse or sodomy; or
B. Manipulating, caressing or fondling by any person of the genitals of a human, the pubic area of a human, or the breast of a human female; or
C. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. (Ord. 710, 12-17-2008, eff. 1-1-2009)