For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment:
(1) Which excludes minors from more than 15% of the retail floor or shelf space of the premises; or
(2) Which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter; or photographs, films, motion pictures, video cassettes, or video reproductions; slides, or other visual representations, the central theme of which depicts or describes specified sexual activities or specified anatomical areas, or instruments, devices, or paraphernalia which are designated for use in connection with specified sexual activities; except for legitimate medically-recognized contraceptives.
ADULT BUSINESS. An adult motion picture theater, adult bookstore, or adult video store.
ADULT MOTION PICTURE THEATER. A commercial establishment which:
(1) Excludes minors from the showing of two consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or
(2) As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which:
(1) Holds itself out as such a business;
(2) Excludes minors from the showing of two consecutive exhibitions (repeated performances of the same presentation shall not be considered a consecutive exhibition); or
(3) As its principal business, features persons who appear in live performances in a state of semi-nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
EMPLOY. Hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.
ESCORT. Any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies, or offers to date, consort, socialize, visit, or accompany, another or others to, or about, social affairs, entertainment, or places of amusement, or within any place of public or private resort, or any business or commercial establishment, or any private quarters. ESCORT shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly or handicapped, social secretaries, or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than 12 hours and who provide a service not principally characterized as dating or socializing. ESCORT shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted by a party other than the person for whom the service is being performed, and of a duration not longer than one hour.
ESCORT SERVICE. An individual or entity who, for pecuniary compensation, furnishes, or offers to furnish, escorts, or provides, or offers to introduce, patrons to escorts.
ESCORT SERVICE RUNNER. Any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort, or patron by contacting or meeting with escort services, escorts, or patrons at any location within the city, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.
NUDITY. A state of dress in which the areola of the female breast or male or female genitals, pubic region, or anus are covered by less than the covering required in the definition of SEMI-NUDE.
OPERATOR. The manager or other natural person principally in charge of a sexually-oriented business.
OUTCALL SERVICES. Services of a type performed by a sexually-oriented business employee outside of the premises of the licensed sexually-oriented business, including, but not limited to, escorts, models, dancers, and other similar employees.
PATRON. Any person who contracts with or employs any escort services or escort, or the customer of any business licensed pursuant to this subchapter.
PECUNIARY COMPENSATION. Any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.
PERSON. Any person, unincorporated association, corporation, partnership, or other legal entity.
SEMI-NUDE. A state of dress in which opaque clothing covers no more than the areola of the female breast; and the male or female genitals, pubic region, and anus shall be fully covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point.
SEMI-NUDE DANCING AGENCY. Any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books, or otherwise engages, or offers to furnish, book, or otherwise engage, the service of a professional dancer licensed pursuant to this subchapter for performance or appearance at a business licensed for adult theaters.
SEMI-NUDE ENTERTAINMENT BUSINESS. A business, including an adult theater, where employees perform or appear in the presence of patrons of the business in a state of semi-nudity. A business shall also be presumed to be a SEMI-NUDE ENTERTAINMENT BUSINESS if the business holds itself out as such a business.
SEXUALLY-ORIENTED BUSINESS. Semi-nude entertainment businesses, sexually-oriented outcall services, adult businesses, and semi-nude dancing agencies, as defined by this subchapter.
SEXUALLY-ORIENTED BUSINESS EMPLOYEES. Those employees who work on the premises of a sexually-oriented business in activities related to the sexually-oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually-oriented portion of the business, such as janitors, bookkeepers, and similar employees. SEXUALLY-ORIENTED BUSINESS EMPLOYEES shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this subchapter, including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar employees, shall be considered SEXUALLY-ORIENTED BUSINESS EMPLOYEES.
SPECIFIED ANATOMICAL AREAS. The human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.
SPECIFIED SEXUAL ACTIVITIES.
(1) Acts of:
(a) Masturbation;
(b) Human sexual intercourse;
(c) Sexual copulation between a person and a beast;
(d) Fellatio;
(e) Cunnilingus;
(f) Bestiality;
(g) Pederasty;
(h) Buggery; or
(i) Any anal copulation between a human male and another human male, human female, or beast.
(2) Manipulating, caressing, or fondling by any person of:
(a) The genitals of a human;
(b) The pubic area of a human; and/or
(c) The breast or breasts of a human female.
(3) Flagellation or torture by, or upon, a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
(Prior Code, § 36.10) (Ord. 25-98, passed 10-7-1998)
Cross-reference:
Sexually-oriented businesses, business regulations definitions, see § 112.04