ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, videos or other image producing devices are maintained to show images to five (5) 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 CABARET: A nightclub, bar, restaurant, cafe or similar commercial establishment that regularly, commonly, habitually or consistently feature:
A. Persons who appear in a state of nudity or seminudity; or
B. Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
C. Films, motion pictures, videocassettes, slides, photographic reproductions or other image producing devices that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
D. Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL: A hotel, motel or similar commercial establishment that:
A. Offers accommodation to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions that 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 adult type of photographic reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than twenty four (24) hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty four (24) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly, commonly, habitually and consistently shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment that regularly, commonly, habitually and consistently features persons who appear, in person, in a state of nudity and/or seminudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities".
DIRECTOR: The chief of police and such employee(s) of the police department as he may designate to perform the duties of the director under this chapter.
EMPLOYEE: A person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the 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, nor does "employee" include a person exclusively on the premises as a patron or customer.
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: Means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The additions of any sexually oriented business to any other existing sexually oriented business;
D. The relocation of any sexually oriented business; or
E. A sexually oriented business or premises on which the sexually oriented business is located.
LICENSED DAYCARE CENTER: A facility licensed by the state of Montana, whether situated within the city or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (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 twenty four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
LICENSEE: A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
LIVE THEATRICAL PERFORMANCE: A play, skit, opera, ballet, concert, comedy or musical drama.
NUDE MODEL STUDIO: Any place where a person who repeatedly or regularly appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for consideration.
NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES: The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license pursuant to section 4-4-4 of this chapter.
SEMINUDE OR SEMINUDITY: The appearance of the female breast below a horizontal line across the top of the areola at its highest point. 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:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS: A. The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
B. 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:
A. 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; sexual assault; molestation of a child; or any similar sex related offenses to those described above under the criminal or penal code of this state, other states or other countries.
B. For which:
1. Less than two (2) 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;
2. Less than five (5) 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 felony offense;
3. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period;
C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast, whether covered or uncovered;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in subsections A through C of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The increase in floor areas occupied by the business by more than twenty five percent (25%), as the floor areas existed on August 1, 2000.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following: !DEFEND!
A. The sale, lease or sublease of the business;
B. The transfer of securities that form a controlling interest in the business, whether by sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal device that 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 or control. (Ord. 275-A-03-04, 12-9-2003)