For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT MACHINE. Includes any amusement machine that is regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined below, for observation by patrons therein.
ADULT BOOKSTORE. An establishment having a substantial or significant portion of its stock and trade in books, films, video cassettes or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined below, and in conjunction therewith has facilities for the presentation of adult entertainment, as defined below, and including adult-oriented films, movies or live entertainment, for observation by patrons therein.
ADULT ENTERTAINMENT. Any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of the performance any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas", removal of articles of clothing or appearing unclothed.
ADULT MINI-MOTION PICTURE THEATER. An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined below, for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", as defined below, for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENTS. Include, without limitation, "adult bookstores", "adult motion picture theaters", "adult mini-motion picture theaters" and further means any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. An ADULT-ORIENTED ESTABLISHMENT further includes, without limitation, any "adult entertainment studio" or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, sensitivity studio, modeling studio or any other term of like import.
AMUSEMENT MACHINE. Includes any machine which upon the payment of a charge or upon the insertion of a coin, slug, token, plate or disk, may be operated by the public for use as a game, entertainment or amusement, whether or not registering a score and whether or not electronically operated, and shall include, but not be limited to, such devices as pinball machines, skillball, mechanical grab machines, electronic baseball, football, hockey or basketball machines, any and all air propelled machines or games, pool tables, shooting games, any and all video games and all other games, or operations similar thereto under whatever name they may be indicated, including video monitoring machines. This definition shall not apply to those items generally described as jukeboxes or billiard tables or pool tables in billiard or pool parlors solely designated as such and permitted under the zoning code.
EMPLOYEE. Any and all persons, including independent contractors, who work in or at or render any service directly related to the operation of an adult-oriented establishment.
ENTERTAINER. Any person who provides entertainment within an adult-oriented establishment as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.
INSPECTOR. An employee of the Waterbury Department of Health authorized and designated by the Director of Health, or the Zoning Enforcement Officer, or an employee of the Waterbury Building Department or a member of the Waterbury Police Department, or the Fire Marshal, or an agent of any or all such persons who is designated to inspect premises regulated under this chapter, and to take the required actions authorized by this chapter in case of violations being found on the premises, and to require corrections or unsatisfactory conditions found on the premises.
MINOR. Refers to a person under the age of 18 years.
OPERATOR. Any person, partnership or corporation operating, conducting or maintaining an adult-oriented establishment.
SEXUAL ACTIVITIES. Is not intended to include any medical publications or films or bona fide educational publication or films nor does it include any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films which describe and report different cultures and which, from time to time, publish or show photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region;
(b) Buttocks; and
(c) Female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy; and
(3) Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
(Ord. passed 10-23-1995)