For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video, or laser disc players, or other image-producing devices are maintained to show images to five 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 BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE.
(1) A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
a. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS; or
b. Instruments, devices, or paraphernalia which are designed for use in connection with
SPECIFIED SEXUAL ACTIVITIES.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED SEXUAL ACTIVITIES and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. Such other business purposes will not service to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(3) Notwithstanding the foregoing, a commercial establishment which offers for sale or rental any of the items listed in subsection (1)a. above will be considered to have as one of its principal business purposes the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, provided all of the following conditions are met.
a. Total gross revenue from the sale or rental of any of the items listed in subsection (1)a. above does not exceed 10% of the commercial establishment’s gross revenue.
b. Total gross square footage of display space and stock area devoted to the sale or rental of any of the items listed in subsection (1)a. above does not exceed 10% of the commercial establishment’s total square footage.
c. Display of any of the items listed in subsection (1)a. above is in a separate room or area restricted only to persons 18 years old or older, and is closely monitored by management and/or employees of the commercial establishment to ensure that no individual under the age of 18 years old or older and is closely monitored by management and/or employees of the commercial establishment to ensure that no individual under the age of 18 enters the room or area where the items listed in subsection (1)a. above are displayed of stored.
d. No electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained on the premises of the commercial establishment to show images of items listed in subsection (1)a. above to any customers or potential customers of the commercial establishment.
e. Only employees or management of the commercial establishment who are 18 years old or older are permitted to enter the area where the items listed in subsection (1)a. above are stored, processed, or displayed for customers or potential customers of the commercial establishment.
ADULT CABARET. A nightclub, dance hall, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances which are characterized by the exposure of
SPECIFIED ANATOMICAL AREAS or by SPECIFIED SEXUAL ACTIVITIES; or
(3) Films, motion pictures, video cassettes, slides, or other photographic or computer reproductions or depictions that are characterized by the depiction or description of
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of
SPECIFIED ANATOMICAL AREAS or SPECIFIED ANATOMICAL AREAS; and which may have a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent to two or more unrelated occupants for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which 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 features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of SPECIFIED ANATOMICAL AREAS or by SPECIFIED SEXUAL ACTIVITIES.
EMPLOYEE. A person who performs a service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not 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.
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. Includes any of the following.
(1) The opening or commencement of any sexually oriented business as a new business.
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
(3) The additions of any sexually oriented business to any other existing sexually oriented business.
(4) The relocation of any sexually oriented business.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or who displays SPECIFIED ANATOMICAL AREAS and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person who pays money or any form of consideration. NUDE MODEL STUDIO shall not include a proprietary school licensed by the state or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
(2) Where in order to participate in class a student must enroll at least three days in advance of the class; and
(3) Where no more than one nude or semi-nude model is on the premises at any one time.
NUDITY OR A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering, the showing of a female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEMI-NUDE OR IN A SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. 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 if its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS.
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) 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, 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.
SPECIFIED CRIMINAL ACTIVITY.
(1) 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, or indecency with a child; engaging in organized criminal activity, sexual assault, or molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries.
(2) For which:
a. Less than two 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;
b. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
c. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES.
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) above.
SUBSTANTIAL ENLARGEMENT. The increase in floor area(s) occupied by the business by more than 25%, as the floor area exists on the date this chapter originally took effect.
TRANSFER OF OWNERSHIP OR CONTROL.
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which 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.
(Prior Code, § 7-11-2)