For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ENTERTAINMENT FACILITY. Any establishment which is involved in one or more of the following listed categories.
ADULT BOOK STORE. An establishment which utilizes 15% or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on specified sexual activities or specified anatomical areas, as defined in this section.
ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale or services of products characterized by the exposure or presentation of specified anatomical areas or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage and similar functions which utilize activities as specified above.
ADULT MOTION PICTURE. A facility for the display of motion pictures which is regularly used or utilizes 15% or more its total viewing time for presenting material distinguished or characterized by an emphasis to specified sexual activities or specified anatomical areas for observation by patrons therein.
FINE ART GALLERY. Any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
SADOMASOCHISTIC SEXUAL ABUSE. Actual or simulated flagellation, rape, torture or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
SEXUALLY EXPLICIT NUDITY. The sexually oriented and explicit showing of nudity, including, but not limited to close-up views, poses or depiction in such position or manner, which present or expose such nudity to prominent, focal or obvious viewing attention.
SPECIFIED ANATOMICAL AREAS. Include any of the following:
(1) Less than completely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state.
SPECIFIED SEXUAL ACTIVITIES. Include any of the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or sadomasochistic sexual abuse; and
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
VISIBLY DISPLAYED. The material is visible on a billboard viewing screen marquee, newsstand, display rack, window, show case, display case or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
(2003 Code, § 153.451) (Ord. 3459, § 33.02, passed 3-7-2002)