"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult entertainment out-call service (in the form of semi-nude dancing or exhibition), adult motion picture theater, adult theater, semi-nude model studio, or sexual encounter establishment as defined below.
(a) Adult Arcade. “Adult arcade” shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing "specified sexual activities" or "specified anatomical areas."
(b) Adult Bookstore, Adult Novelty Store, Adult Video Store. “Adult bookstore,” “adult novelty store" or “adult video store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas";
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
(3) An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which exhibit or describe "specified anatomical areas" or "specified sexual activities."
(c) Adult Cabaret. "Adult cabaret" means a nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (1) persons who appear in a state of nudity or a state of semi-nudity: (2) live performances which are characterized by "specified sexual activities" or the exposure of “specified anatomical areas,” or (3) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas." The reference above to appearing in a “state of nudity” is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in an adult cabaret.
(d) Adult Motel. "Adult motel" means a motel, hotel, or similar commercial establishment which: (1) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, or (2) offers a sleeping room for rent for a period of time less than ten (10) hours; or (3) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.
(e) Adult Motion Picture Theater. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(f) Adult Theater. "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in state of nudity or a state of semi-nudity or live performances which are characterized by their emphasis upon "specified sexual activities" or “specified anatomical areas.” The reference above to appearing in a “state of nudity” is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in an adult theater.
(g) Semi-Nude Model Studio. "Semi-nude model studio" means any place where a person, who regularly appears in a state of nudity or a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The reference above to appearing in a “state of nudity” is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in a semi-nude modeling studio.
A modeling class or studio is not a semi-nude modeling studio and is not subject to the provisions of this Chapter if it is operated:
(1) By a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) In a structure:
A. Which has no sign visible from the exterior of the structure and no other advertising that indicates that a person appearing in a state of nudity or semi-nudity is available for viewing; and
B. Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
C. Where no more than one nude or semi-nude model is on the premises at any one time.
(h) Sexual encounter establishment. "Sexual encounter establishment" means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or when one or more of the persons appears in a state of nudity or in a state of semi-nudity. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.