For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT. Any exhibition, performance or dance of any type conducted in a premises where the exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or any exhibition, performance or dance of any type conducted in a premises where the exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
(1) Human genitals in a 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, buttocks or female breast; or
(4) Any exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where the exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance. For purposes of example and not limitation, these exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
ADULT ENTERTAINMENT ESTABLISHMENT. Any commercial premises to which any patron is invited or admitted and where adult entertainment is provided on a regular basis and as a substantial part of the premises activity.
APPLICANT. The individual or entity seeking an adult entertainment license in the city.
APPLICANT CONTROL PERSONS. All partners, corporate officers and directors and any other individuals in the applicant’s business organization who holds a significant interest in the adult entertainment establishment, based on responsibility for management of the adult entertainment business.
EMPLOYEE. Any and all persons, including managers, entertainers and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment.
ENTERTAINER. Any person who provides live adult entertainment, whether or not a fee is charged or accepted for the entertainment.
MANAGER. Any person who manages, directs, administers or is in charge of the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment.
OPERATOR. Any person operating, conducting or maintaining an adult entertainment establishment.
PANORAMA or PEEPSHOW. Any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances.
PANORAMA PREMISES. Any premises or portion of a premises or portion of a premises on which a panorama is located and which is open to the public, including through membership.
PERSON. Any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity or other entity or group of persons, however organized.
SEXUAL CONDUCT. Acts of:
(1) Sexual intercourse within its ordinary meaning;
(2) Any contact between persons involving the sex organs of one person and the mouth or anus of another;
(3) Masturbation, manual or instrumental, of oneself or of one person by another; or
(4) Touching of the sex organs or anus, of oneself or of one person by another.
(Prior Code, § 112.01) (Ord. 1145, passed 5-20-1996)