For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT AMUSEMENT ARCADE. An establishment having as one of its principal uses one or more of the following: Customer-operated motion picture devices; peep shows; viewing areas; or similar devices either coin, token or slug operated, or which, in consideration of an entrance fee, display material distinguished or characterized by an emphasis on depictions of sexual activities, as defined in this section, or which offer male or female persons who expose to view of the customer the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material or human or simulated male genitals in a discernible turgid state even if completely or opaquely covered.
ADULT BOOK STORE. An establishment having as one of its principal uses the sale, rent or display of pictures, books, periodicals, magazines, appliances and similar material which are distinguished or characterized by their emphasis on depiction of sexual activities as hereinafter defined or an establishment with a substantial segment or section devoted to the sale, rental or display of the material.
ADULT ENTERTAINMENT PROVIDER. A commercial establishment, such as a hotel or motel, which in addition to providing as the major part of its business services unrelated to depiction of sexual activities as herein defined, makes entertainment, either live or on film or video tape, available to its customers, which entertainment has as a dominant theme or is characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, if the establishment advertises the availability of the adult entertainment at its establishment. The advertisement of the materials shall not include the posting of a card or handbill on or near a television set in a hotel or motel room advising room guests that the adult movies are available upon request of the guest, or advertising informing the public of the availability of commercial cable channels.
ADULT MOTION PICTURE THEATER. An establishment having or advertising as having as one of its principal uses the presentation of motion pictures, slide projections and other similar material having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as defined in this section, for observation by persons therein.
ADULT STAGE SHOW THEATER. An establishment having as one of its principal uses the presentation of live performances of humans or animals having as a dominant theme or characterized or distinguished by an emphasis on matter depicting, describing or relating to sexual activities, as defined in this section, for observation by persons therein.
CABARET. An establishment which features, as a principal use of its business, entertainers, waiters, bartenders, male or female impersonators or persons, either male or female, who expose to public view of the patrons of the establishment at any time the bare female breast below a point immediately above the top of the areola, human genitals, pubic region or buttocks, even if partially or completely covered by translucent material, or human or simulated male genitals in a discernible turgid state, even if completely and opaquely covered.
COMMERCIAL SEXUAL ENTERTAINMENT CENTER. Any commercial establishment not otherwise described in this section which makes available material, services or entertainment appealing to adult sexual interests, including but not limited to a bath house, swingers club or similar establishment if the establishment or its entertainment, services or goods are advertised by or on behalf of the establishment in a manner patently designed to appeal to the adult sexual interests.
EMPLOYEE. Any person hired by or suffered or permitted to work in an establishment engaging in adult entertainment activities whether that person receives remuneration or compensation directly from the operator or owner of the establishment, from patrons of the establishment or from any other source, whether by contract of employment or otherwise.
ESTABLISHMENT. A business entity or endeavor, fixed, mobile or traveling, including its owners, operators, directors, shareholders, partners, employees and possessions.
LICENSEE. A person who is the holder of a valid license under this chapter, also including an agent, servant or employee of or other person acting on behalf of a LICENSEE whenever a LICENSEE is prohibited from doing a certain act under this chapter.
OPERATOR. Any individual, partnership, corporation or business entity who establishes or maintains a business as its owner or manager and shall also mean LICENSEE as defined in this section.
OWNER. Any individual, partnership, corporation or business entity who has legal title to real estate, with or without accompanying actual possession thereof, or has all or part of the beneficial ownership of any real estate and a right to present use and enjoyment thereof, including a mortgagee in possession.
PERSON. Any individual, partnership, corporation or business entity.
PRINCIPAL USE. A substantial or significant use. Evidence that an establishment maintains more than 10% of its stock in trade in material distinguished or characterized by an emphasis in sexual activities; or that it devotes more than 15% of its floor space which is open to either the public generally or to members of the public other than minors or more than a total of 160 square feet to the display of material distinguished or characterized by an emphasis on sexual activities; or that it provides entertainment, either live or on film or video tape, and that said entertainment more than 10% of the time is distinguished or characterized by an emphasis on sexual activities; or that it advertises in a manner visible from the outside of the business premises the availability of material or entertainment distinguished or characterized by an emphasis on sexual activities shall establish that the establishment is engaging in an adult entertainment activity as a PRINCIPAL USE.
SELF-DESIGNATED ADULT ENTERTAINMENT CENTER. Any establishment which designates all or a portion of its premises as for adults only, or has a policy of excluding minors from its premises or from a portion of its premises and which makes available services, entertainment or goods at the premises or at the portion of the premises designated for adults only which are characterized or distinguished by depictions of sexual activities as defined in this section.
SEXUAL ACTIVITIES.
(1) Depiction of human genitals in a state of sexual stimulation;
(2) Acts of human masturbation, sexual intercourse, sodomy or arousal bestiality necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or
(3) Holding or other erotic touching of human genitals, pubic region, buttocks or female breasts.
SPECIFIED ANATOMICAL AREAS.
(1) Less than complete and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernible turgid state, even if opaquely covered.
(Prior Code, § 118.01)