The following definitions shall apply in the interpretation of this chapter:
(a) Adult amusement or entertainment: See "Adult-only entertainment establishment."
(b) Adult entertainment business means an adult book store, adult motion picture theater, adult drive-in motion picture theater, or an adult-only entertainment establishment as further defined in this section.
(c) Adult book store means an establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of retail sale, or rental of books, magazines, other periodicals, films, tapes, video or audio cassettes, compact discs, digital video discs (DVDs) and similar media which are distinguished by their emphasis on adult materials as defined in this section; or, uses said space for the purpose of display of adult materials by electronically, electrically or mechanically- controlled still or motion picture machines, projectors or other image producing devices, which may be rented by coin, token, slug or other rental means.
(d) Adult motion picture theater means an enclosed motion picture theater which is regularly used or utilized fifteen percent (15%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(e) Adult motion picture drive-in theater means an open air drive-in theater which is regularly used or utilized fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(f) Adult movie house: See "Adult motion picture theater."
(g) Adult-only entertainment establishment means an establishment, which excludes minors by virtue of age, where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which customarily features exhibitions, presentations, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female, impersonators or similar entertainment or services which constitute adult material. This definition does not apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau or production in any theater, concert hall, museum of fine arts, school, institution of higher learning or similar establishment which is primarily devoted to such exhibitions, presentations, shows or performance as a form of expression of opinion, communication, speech, ideas, information, art or drama as differentiated from commercial or business advertising, promotion, selling or servicing products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
(h) Adult material means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, video tape, figure, image, description, motion picture film, phonographic record or tape, compact disc, digital video disc (DVDs and similar media, other tangible thing, or any service, capable of arousing interest through sight, sound or touch, and
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination, or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
(3) Which is prohibited from minors by virtue of age, whether in purchase, rental, display, or other means of contact with adult material.
(i) Adult-Oriented Uses: Businesses which include adult amusement and entertainment, adult bookstores, adult movie houses and adult video stores as defined herein. Additionally, these businesses exclude minors by virtue of age.
(j) Adult Video Store: An establishment which has a substantial portion of its stock in movies, for sale or for rent, from which minors are excluded by virtue of age.
(k) Bottomless means less than full opaque covering of male or female genitals, pubic area or buttocks.
(l) Nude or nudity means the showing, representation or depiction of human male or female genitals, pubic area, or buttocks with less than full opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(m) Topless means the showing of a female breast with less than a full opaque covering any portion thereof below the top of the nipple.
(n) Sexual activity means sexual conduct or sexual contact, or both.
(o) Sexual contact means touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(p) Sexual excitement means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(Ord. 11-07. Passed 7-18-07.)