For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACHROMATIC. Colorless, lacking in saturation or hue. Without limitation, gray shall be included, but white and black shall be excluded from the definition of ACHROMATIC.
ADULT BOOKSTORE. An establishment whose major business is the offering to customers of books, magazines, films or videotapes (whether for viewing off-premises or on-premises by use of motion picture machines or other image-producing devices), periodicals or other printed or pictorial materials which are intended to provide sexual stimulation or sexual gratification to such customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT CABARET. An establishment whose major business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT ENCOUNTER PARLOR. An establishment whose major business is the provision of premises where customers either congregate, associate or consort with employees who engage in specified sexual activities with or in the presence of such customers or who display specified anatomical areas in the presence of such customers with the intent of providing sexual stimulation or sexual gratification to such customers.
ADULT LOUNGE. An adult cabaret which is a permitted or licensed premises, pursuant to the State Alcoholic Beverage Code, where alcoholic beverages may be served or sold.
ADULT MODELING STUDIO. An establishment whose major business is the provision to customers of figure models, who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.
ADULT MOVIE THEATER. An establishment, containing a room with tiers or rows of seats facing a screen or projection area, whose major business is the exhibition to customers of motion pictures which are intended to provide sexual stimulation or sexual gratification to such customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
APPLICANT. The applicant for a permit shall be the intended operator of the enterprise.
CHURCH. A building, whether situated within the city or not, in which persons regularly assemble for religious worship, intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.
COMMERCIAL MULTI-UNIT CENTER. A building or structure (including a shopping mall or strip shopping center) containing three or more separate premises, each of which is offered by lease or otherwise for separate occupancy or control and each of which occupies an enclosed area having its own door or entranceway opening onto public property, a public way or a common area.
CONDUCT ANY BUSINESS IN AN ENTERPRISE. Any person who does any one of the following shall be deemed to be CONDUCTING BUSINESS IN AN ENTERPRISE:
(1) Operates a cash register, cash drawer or other depository on the enterprise premises where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;
(2) Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the enterprise premises;
(3) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the enterprise premises;
(4) Acts as a door attendant to regulate entry of customers or other persons into the enterprise premises; and
(5) Supervises or manages other persons in the performance of any of the activities mentioned in this definition on the enterprise premises.
CUSTOMER. Any person who:
(1) Is allowed to enter a regulated establishment in return for the payment of an admission fee or any other form of consideration or gratuity;
(2) Enters a regulated establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of a regulated establishment operating as a private club.
DIRECTOR. The Chief of Police and such employees of the Police Department as he or she may designate to perform the duties of the Director under this chapter.
DISPLAY SURFACE. The entire surface of a sign, on one side, devoted to exhibiting advertising. The DISPLAY SURFACE shall not include the sign frame and incidental supports thereto.
EMPLOYEE. Any person who renders any service whatsoever to the customers of a regulated establishment or who works in or about a regulated establishment and who receives compensation for such service or work from the operator or owner of the regulated establishment or from the customers therein.
ENTERPRISE. An adult cabaret, adult encounter parlor, adult lounge, adult modeling studio or any establishment whose major business is the offering to customers of a product or service which is intended to provide sexual stimulation or sexual gratification to such customers and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term ENTERPRISE shall not be construed to include:
(1) Any adult bookstore or adult movie theater, as those terms are defined in this section;
(2) Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists or licensed barbers performing functions authorized under the licenses held;
(3) Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; and
(4) Any retail establishment whose major business is the offering of wearing apparel for sale to customers.
ENTERTAINMENT. Any act or performance such as a play, skit, reading, revue, pantomime, scene, song, dance, musical rendition or striptease, whether performed by employees, agents, contractors or customers. The term ENTERTAINMENT shall also mean bartenders, waiters, waitresses or other employees exposing specified anatomical areas or engaging in specified sexual activities in the presence of customers.
EXTERIOR PORTION. Any part of the physical structure of a regulated establishment, including a wall, veneer, door, fence, roof, roof covering or window, which is visible from any public way or public property.
LICENSED DAY CARE CENTER. A facility licensed by the state, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than 12 children under 14 years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than 24 hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
OPERATOR. The manager or other natural person principally in charge of a regulated establishment.
OWNER. The proprietor if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, Directors and persons holding 10% or more of the outstanding shares if a corporation. The term OWNER shall not include any such person who has given to the operator a statement under oath that he or she does not desire to be listed on the permit application and that he or she waives any right to any notice that is required or permitted to be given under this chapter.
PERMIT. A current, valid permit issued by the Director pursuant to the terms of this chapter to an operator for an enterprise.
REGULATED ESTABLISHMENT. Any enterprise, adult bookstore or adult movie theater, as defined in this section.
RESIDENTIAL. Pertaining to the use of land, whether situated within the city or not, for premises such as homes, townhomes, patio homes, mobile homes, duplexes, condominiums and apartment complexes, which contain habitable rooms for non-transient occupancy and which are designed primarily for living, sleeping, cooking and eating therein; such land shall be deemed to be residential in character unless it is actually occupied and used exclusively for other purposes. Hotels, motels, boardinghouses, nursing homes, hospitals and nursery schools shall not be considered to be RESIDENTIAL.
SCHOOL. A building, whether situated within the city or not, where persons regularly assemble for the purpose of instruction or education, together with the playgrounds and other structures or grounds used in conjunction therewith. The term is limited to:
(1) Public and private schools used for primary or secondary education in which any regular kindergarten or grades 1 through 12 classes are taught; and
(2) Special education facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of grades 1 through 12.
SEXUALLY ORIENTED BUSINESS. A sex parlor, nude studio, modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, or other commercial enterprise the primary business of which is the offering of a service or the selling, renting, or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to the customer.
SIGN. Any display, design, pictorial or other representation which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that such representation is visible from the outside of a regulated establishment and which is used to seek the attraction of the public to any goods, services or merchandise available at such regulated establishments. The term SIGN shall also include such representations painted on or otherwise affixed to any exterior portion of a regulated establishment, as well as such representations painted on or otherwise affixed to any part of the tract upon which such a regulated establishment is situated.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region or pubic hair;
(b) Buttocks;
(c) Female breast or breasts below a point immediately above the top of the areola; and
(d) Any combination of the area described in this definition.
(2) Human male genitals in a discernibly erect state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttocks or female breast or breasts; or
(4) Any combination of the activities described in this definition.
TRACT. A contiguous parcel of land under common ownership, whether situated within the city or not.
(1998 Code, § 26-61)