For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOK/VIDEO STORE. An establishment having 20% or more of its stock in trade in books, magazines or other periodicals, films, videos, DVDs (for rent or sale) or other visual media or viewing on premises, but not viewing booths which are prohibited below, which are distinguished or characterized by their principal emphasis on matters depicting describing, or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activities or specified anatomical areas.
ADULT BUSINESS/ADULT-ORIENTED BUSINESS. Any establishment having as a substantial or significant portion of its stock in trade or business activity in a use such as, but not limited to, the following: adult book stores; adult motion picture theaters; adult entertainment centers; adult nightclubs
or adult spas, where specific anatomical areas are displayed, explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
ADULT ENTERTAINER. Any individual who engages in the activities defined below under “adult nightclub”, and who receives a salary, wages, tips, gratuities or other remuneration (either from patrons of a business, or from the owner, operator and/or his or her assigns, partners, employees or agents of that business) for engaging in such activities.
ADULT ENTERTAINMENT BUSINESS. See ADULT BUSINESS.
ADULT ENTERTAINMENT CABARET. See ADULT NIGHTCLUB.
ADULT MOTION PICTURE THEATER. An establishment with a capacity of 50 or more persons, used regularly and routinely for the viewing of motion pictures having as a dominant theme material distinguished or characterized by their principal emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct or specified anatomical areas for observation by patrons therein.
ADULT NIGHTCLUB. A public or private establishment, which is licensed to serve food or alcoholic beverages, which features dancers or waitresses, or strippers, go-go dancers, exotic dancers, male or female impersonators, or similar entertainment, or where explicit sexual conduct is depicted and/or sexual activities explicitly or implicitly encouraged or implied.
ADULT NOVELTY STORE. An establishment having at least 20% of its stock in trade in devices, clothing, novelties, lotions and other items which are distinguished or characterized by their principal emphasis on or use for explicit sexual activities or specific anatomical areas.
ADULTS ONLY. Any items or activities for persons 18 years of age or older emphasizing, depicting, describing or relating to nudity, explicit sexual conduct (whether auto-erotic, heterosexual, homosexual or otherwise), bestiality or sadomasochistic activities or specified anatomical areas.
ADULT SPA OR SAUNA. An establishment primarily in the business of providing massage services and/or steam baths, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated. Such establishments and all masseuses employed at such establishments shall be licensed in accordance with state regulations.
ADULT SUPER CENTER. An establishment having any combination of the adult-oriented businesses defined in this subchapter.
BODY SHOP or MODEL STUDIO. A public or private establishment where for any form of consideration or gratuity, models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body painting and other activities that present materials distinguished or characterized by an emphasis on matters depicting, describing or relating to nudity, explicit sexual conduct or specific anatomical areas are provided for observation by or communication to persons paving such consideration or gratuity.
HOUSE OF WORSHIP. Any church, synagogue, mosque, temple or building that is used primarily for religious worship and related religious activities.
NUDE/NUDITY. The display of the human male or female genitalia, pubic hair, perineum, anal or pubic regions, female breast with no covering or with less than fully opaque covering. Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering (body paint, body dyes, liquid latex and similar substances shall not be considered opaque coverings):
(1) The male or female genitals;
(2) The male or female anal or pubic areas;
(3) Pubic hair;
(4) The female breast (at or below the areola); or
(5) The buttocks (attire which is considered insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs and thongs).
RAP PARLOR. An establishment or place primarily in the business of providing non-professional conversation or similar services for adults, where explicit sexual conduct is depicted and/or sexual activity is explicitly or implicitly encouraged or tolerated.
RESIDENCE. Any structure used by one or more persons as a dwelling.
SEXUAL ACTIVITY/CONDUCT. Any of the following conditions:
(1) Human genitals in the state of sexual stimulation or arousal;
(2) Acts or representation of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
(3) Fondling or erotic touching of human genitals, anal or pubic region, buttock or female breast; and
(4) Excretory functions as part of or in connection with any activities set forth in divisions (1) through (3) above.
SEXUAL OR GENITAL AREA. A term used to include the genitals, pubic area, anus or perineum of any person, or the vulva or breasts of a female.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region or pubic hair;
(b) Anus and/or buttock; and
(c) Female breast below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
VIEWING BOOTH. Any booth, cubical, room or stall within the premises of an adult oriented business used to display by audio or visual reproduction, projection or other means, any of the specified anatomical areas as defined above.
(Prior Code, § 20-1602) (Ord. 1494, passed 8-6-2004; Ord. 1699, passed 3-17-2014)