For purposes of this chapter, the following words shall have the meanings set forth below, unless a different meaning is clearly indicated by the context:
ADULT ARCADE: Any place to which the public is permitted or invited wherein coin operated or token operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices, are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE: A commercial establishment that, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following: a) books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes or video reproductions, slides, compact discs, digital video discs or digital reproductions, or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or b) sexual devices or paraphernalia that are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store. Such other business purpose will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe specified sexual activities or specified anatomical areas. A principal business purpose of a commercial establishment need not be its primary use for purposes of being categorized as an adult bookstore or adult video store so long as such principal business purpose is a significant use based upon the visible inventory and/or commercial activity of the commercial establishment.
ADULT CABARET: A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment that regularly features persons who appear in a state of nudity or seminudity, or who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
ADULT MOTEL: A hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides customers with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions, or live performances, which are characterized by the display or simulated display of specified sexual activities or specified anatomical areas; and advertises the availability of such material by means of a sign visible from a public right of way or by means of on or off premises advertising, including, without limitation, newspapers, magazines, pamphlets, leaflets, radio or television; or
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons.
ADULT THEATER: A theater, concert hall, auditorium, or portion thereof, or similar commercial establishment that regularly features persons who appear in a state of nudity or seminudity, or live performances which are characterized by the exposure of specified anatomical areas.
CHARACTERIZED BY: Describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business solely by virtue of showing, selling or renting materials rated NC-17 or R by the Motion Picture Association of America.
CITY: Wellsville City, Utah.
DIRECTOR: The city council designee.
EMPLOY, EMPLOYEE AND EMPLOYMENT: Describe and pertain to any person who performs any service on the premises of a business on a full time, part time or contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the employee is paid a salary, wage or other compensation by the operator of such business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ESCORT: A person who, for any form of 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 that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
ESTABLISH AND ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business.
LICENSEE: A person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a sexually oriented business license.
NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or seminudity, or displays specified anatomical areas, is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.
NUDITY OR A STATE OF NUDITY: The showing, simulated showing or appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the nipple; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PREMISES: The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license.
SEMINUDE OR SEMINUDITY: The showing or simulated showing of a female breast with less than a fully opaque covering below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the buttocks. This definition includes the lower portion of the female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard or similar wearing apparel, provided the areola is not exposed in whole or in part.
SEXUAL DEVICE: Any three-dimensional object designed or marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others. Nothing in this definition shall be construed to include any device primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration, physical contact in the form of wrestling or tumbling when one of the persons is in a state of nudity or seminudity.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
SPECIFIED ANATOMICAL AREAS: A. The human male genitals in a discernibly turgid state, even if fully and opaquely covered; and
B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY: Means and includes:
A. Any of the following specified crimes for which less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense; or for which less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a felony offense; or for which less than ten (10) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses occurring within a twenty four (24) month period: prostitution or promotion of prostitution; dissemination of obscene or pornographic material; distribution of a controlled substance; engaging in organized criminal activity relating to a sexually oriented business; the sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecency with a child; indecent exposure; sexual assault or aggravated sexual assault; molestation of a child; sexual exploitation of a child; rape; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or any similar sex related offenses to those described above under the criminal or penal code of this state or any other jurisdiction had the predicate acts been committed in Utah.
B. Any attempt, conspiracy or solicitation to commit any of the foregoing offenses.
SPECIFIED SEXUAL ACTIVITIES: Means and includes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or uncovered;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, masturbation, oral copulation or sodomy; or
C. Excretory functions as part of or in connection with any of the activities described in subsection A or B of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Means and includes any of the following:
A. The sale, lease or sublease of the business;
B. The transfer of securities or similar ownership unit that forms an influential interest in the business, whether by sale, exchange or similar means; or
C. The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 2007-15, 11-20-2007; amd. 2009 Code)