Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated below:
ADULT ARCADE — Any place to which the public is permitted or invited wherein 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 for monetary consideration 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 CABARET — A nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity or seminude; or
B. Live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions which 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 offers bedroom accommodations 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 which 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 which advertises the availability of this adult-type of photographic reproductions.
ADULT MOTION-PICTURE THEATER — A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, 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-ORIENTED BUSINESS — An adult arcade, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
ADULT THEATER A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or seminude, or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
EMPLOYEE — A person who performs any service on the premises of an adult-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:
A. The opening or commencement of any adult-oriented business as a new business;
B. The conversion of an existing business, whether or not an adult-oriented business, to any adult-oriented business;
C. The additions of any adult-oriented business to any other existing adult-oriented business; or
D. The relocation of any adult-oriented business.
LICENSEE — A person in whose name a license to operate an adult-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 an adult-oriented business.
NUDE MODEL STUDIO — Any place where a person who appears seminude, 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 other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the Commonwealth of Pennsylvania 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:
A. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or seminude person is available for viewing; and
B. Where, in order to participate in a class, a student must enroll at least three days in advance of the class; and
C. Where no more than one nude or seminude model is on the premises at any time.
NUDE, NUDITY or 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 the 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 discernibly turgid state. [Amended 3-11-2003 by Ord. No. 1103]
PERSON — An individual, proprietorship, partnership, corporation, association or other legal entity.
SEMINUDE or in a SEMINUDE 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 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 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 seminude.
SPECIFIED ANATOMICAL AREAS:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
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; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
B. For which:
(1) 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;
(2) 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
(3) 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 twenty-four-month period.
C. 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 — Any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
C. Excretory functions as part of or in connection with any of the activities set forth in Subsections A through B above.
SUBSTANTIAL ENLARGEMENT — The increase in the floor areas occupied by an adult-oriented business by more than 25% as the floor areas exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP or CONTROL — Includes any of the following:
A. The sale, lease or sublease of an adult-oriented business;
B. The transfer of securities which constitute a controlling interest in the adult-oriented business, whether by sale, exchange or similar means; or
C. 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.