For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. An establishment which derives more than 50% of its revenues from the offering to customers of books, magazines, sexual paraphernalia, 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 anatomical areas.
ADULT CABARET. An establishment whose principal business purpose 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 ENTERTAINMENT ESTABLISHMENT. Includes, but is not necessarily limited to, an adult club or cabaret used for any type presentation depicting, exhibiting, or describing specified sexual activities or also includes bookstores, theaters, video stores, peep shows, model studios, sexual encounter centers, massage parlors, escort services, and motels as the same are further defined herein and any other establishment which contains activities characterized by the performance, depiction, or description of specified sexual activities or specific anatomical areas.
ADULT MODEL STUDIO.
(1) Any place where a person who 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 who pay money or any form of consideration.
(2) MODELING STUDIOS will not be considered adult entertainment establishments if the person appearing in a state of nudity did so in a modeling class operated:
(a) By a proprietary school, licensed by the state; a college, junior college, or university supported entirely or partly by taxation; or
(b) By 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.
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, film motions pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical area and has a sign visible from the public right-of-way which advertise the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT THEATER. An establishment containing a room with tiers or rows of seats facing a screen or projection area whose principal business purpose 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.
ADULT VIDEO STORE. A commercial enterprise selling or renting any of the following as more than 50% of its gross revenues:
(1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe specified sexual activities or specified anatomical area; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
ESCORT SERVICE. 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.
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.
MASSAGE PARLOR. Any business or establishment where massage is practiced excluding health clubs which derive more than 90% of revenue from sport activities or sale of memberships to engage in sport activities.
NUDITY. The appearance of a bare human buttocks, male genitals, female genitals, or female breast(s).
PEEP SHOWS. A theater which presents material in the form of live show films or videotapes, viewed from an individual enclosure, for which a fee is charged and which is not open to the public generally but excludes any minor by reason of age.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, areolae of the female breast, and those portions of the body covered by supporting straps and devices.
SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex;
(2) Activities between male and female persons and/or persons of the same sex when one of more of the persons is in a state of nudity or semi-nude; or
(3) Sadistic/masochistic flagellation or torture (real or simulated) of one person by another and/or the fettering, binding, or physical restraining one person by another.
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 the same is visible from the outside of a regulated establishment and that is used to seek the attraction of the public to any goods, services, or merchandise available at such regulated establishment. 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 human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernable turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITY.
(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 touchings of human genitals, pubic regions, buttocks, or female breast;
(4) Flagellation or torture in the context of a sexual relationship;
(5) Masochism, erotic, or sexually oriented torture, beating, or the infliction of pains; or
(6) Erotic touching, fondling, or other such contact with an animal by a human being.
(Ord. passed 2-13-1995)