For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT BOOKSTORE. A business or commercial enterprise that provides for barter, rental, or sale, items consisting of printed matter, pictures, slides, records, audio tape, videotape, motion picture film, or other visual or aural media, from which minors are excluded by reason of age or where a substantial or significant portion of such items are distinguished or characterized by an emphasis on specific anatomical areas or specified sexual activities.
ADULT GIFT BUSINESS or NOVELTY BUSINESS. A business or commercial enterprise that has as a principal activity the sale of devices, implements, equipment, or novelties that are designed, marketed, used, or sold for the primary purpose of stimulating human genitals or otherwise providing sexual stimulation.
ADULT HEALTH CLUB or ADULT SPORTS CLUB. A business or commercial enterprise that is named, signed, advertised, or promoted as a facility or club providing health or sports-related goods, services, or equipment, from which minors are excluded by reason of age or that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
ADULT HOTEL or ADULT MOTEL. A business or commercial enterprise that provides rooms, facilities, or lodging on a short-term basis and wherein material or entertainment is presented, displayed, provided, or otherwise characterized by an emphasis on specified anatomical areas or specified sexual activities.
ADULT MINI-MOTION PICTURE THEATER. A business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity of less than 50 persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
ADULT MODELING STUDIO. A business or commercial enterprise the primary or dominant activity of which is to provide for its customers to observe, paint, paint upon, sketch, draw, sculpt, photograph, videograph, or otherwise depict or portray with the intent of providing sexual stimulation or sexual gratification to such customers, specified anatomical areas of one or more models or subjects, or one or more models of subjects who are engaging in specified sexual activities.
ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin-, slug-, electronically-, or mechanically-controlled or operated still or motion picture machines, projectors, or other image-producing devices are provided or maintained to show images to no more than one person per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on specified sexual activities, and the individual viewing areas are not screened, including but not limited to doors and curtains, in any way to obstruct the viewing areas from monitoring.
ADULT MOTION PICTURE THEATER. A business or commercial enterprise operating in, on, or from a building or portion thereof that has a legal capacity of 50 or more persons, from which minors are excluded by reason of age or that is used for presenting visual media or materials that are distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
ADULT USE OTHER. Any place to which the public is permitted, a business or commercial enterprise that is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
BODY PAINTING STUDIO. A business or commercial enterprise that provides the service of applying paint or other substance, whether transparent or non-transparent, to or on any specified anatomical area of any person.
CABARET. A business or commercial enterprise that provides dancing or other live entertainment, from which minors are excluded by reason of age or where such entertainment is distinguished or characterized by an emphasis on the presentation, display, depiction, or description of specified anatomical areas or specified sexual activities.
COMPANION ESTABLISHMENT. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion between the owner, employee, or agent of the enterprise and a customer, if such service is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
CONVERSATION/RAP PARLOR. A business or commercial enterprise that provides the service of engaging in or listening to conversation, talk, or discussion, from which minors are excluded by reason of age or where such service is distinguished or characterized by an emphasis on specified anatomical areas or specified sexual activities.
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. 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; or
(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.
MASSAGE PARLOR. A massage parlor or health club which restricts minors by reason of age, and which provides the services of massage, if such service is distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified. Sexual Activities.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
SAUNA, STEAM ROOM, or BATHHOUSE FACILITY. A business or commercial enterprise that provides one or more steam or heat bathing rooms or sauna or steam room facilities, where the services provided are distinguished or characterized by an emphasis on Specified Anatomical Areas or Specified Sexual Activities, or from which minors are excluded by reason of age.
SEXUALLY ORIENTED BUSINESS. An Adult bookstore, Adult Gift or Novelty Business, Adult Health Club, Adult Sports Club, Adult Hotel or Motel, Adult Mini-Motion Picture Theater, Adult Modeling Studio, Adult Motion Picture Arcade, Adult Motion Picture Theater, Body Painting Studio, Cabaret, Companion Establishment, Conversation/Rap Parlor, Escort Agency, Massage Parlor, Sauna, Steam Room, Bathhouse, or Adult Use Other.
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 areola; and
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(2) Masturbation, actual or simulated;
(3) Human genitals in a state of sexual stimulation, arousal or tumescence;
(4) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving flagellation, torture, fettering, binding, or other physical restraining of any such persons;
(5) Fondling or other erotic touching, or simulated touching, of human genitals, pubic region, buttocks, or female breast;
(6) Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being;
(7) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (6) of this definition.
(Ord. 2002-08, passed 8-13-02)