§ 153.457  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   SEXUALLY-ORIENTED BUSINESS.
      (1)   A business that:
         (a)   Has any sexually-oriented materials in its inventory, stock in trade or publicly traded merchandise;
         (b)   Devotes any of its floor area (not including storerooms, stock areas, bathrooms, basements or any portion of the business not open to the public) to sexually-oriented materials;
         (c)   Derives any revenue from sexually-oriented materials; or
      (2)   A business that engages for any length of time in a sexually-oriented use as defined herein or any other use that has an emphasis on specified sexual activities or specified anatomical areas.
   SEXUALLY-ORIENTED ESTABLISHMENT. Any sexually-oriented business or sexually-oriented use.
   SEXUALLY-ORIENTED MATERIALS. Visual, printed or aural materials, and other objects or devices, which:
      (1)   Contain, depict, simulate or describe specified sexual activities or specified anatomical areas;
      (2)   Are marketed for use in conjunction with, or are primarily used only with or during, specified sexual activities; or
      (3)   Are designed for sexual stimulation.
   SEXUALLY-ORIENTED USES. Any of the following activities, even if the activity exists for only a short time.
      (1)   ADULT BODY PAINTING STUDIO. An establishment or business which provides the service of applying paints or other substances, whether transparent or non-transparent, to the body of a patron when the body is wholly or partially nude in terms of specified anatomical areas.
      (2)   ADULT BOOKSTORE. A building or part of a building used for the barter, rental or sale of items consisting of: instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities; or printed matter, pictures, slides, records, audio tape, videotape, motion picture film, CD ROMs, DVDs or other forms of recording if such items are distinguished or characterized by the emphasis on the depiction or description of specified sexual activities or specified anatomical areas. No obscene work shall be allowed.
      (3)   ADULT CABARET. A building or portion of a building used for providing dancing or other live entertainment, if the building or portion of a building entertainment is distinguished and characterized by an emphasis on the presentation, display, depiction or description of specified sexual activities or specified anatomical areas.
      (4)   ADULT CAR WASH. A wash facility for any type of motor vehicle that allows employees, agents, independent contractors or persons to engage in specified sexual activities or to display specified anatomical areas.
      (5)   ADULT COMPANION ESTABLISHMENT. A companion establishment and which provides the service of engaging in or listening to conversation, talk or discussion between an employee of the establishment and a customer, if the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
      (6)   ADULT CONVERSATION/RAP PARLOR. A conversation/rap parlor and which provides the services of engaging in or listening to conversation, talk or discussion if the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
      (7)   ADULT HEALTH/SPORT CLUB. A health/sport club if the club is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
      (8)   ADULT HOTEL OR MOTEL. A hotel or motel from patronage and where material is presented which is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
      (9)   ADULT MASSAGE PARLOR, HEALTH CLUB. A massage parlor or health club and which provides the services of massage, if the service is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
      (10)   ADULT MINI-MOTION PICTURE THEATER. A building or portion of a building which a capacity for less than 50 persons used for presenting material if the material is distinguished and characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
      (11)   ADULT MODELING STUDIO. An establishment whose major business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to the customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn sculptured, photographed or otherwise depicted by the customers.
      (12)   ADULT MOTION PICTURE ARCADE. Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled or operated still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished and characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
      (13)   ADULT MOTION PICTURE STUDIO. A building or portion of a building used for the production, recording, filming or taping of videos or films distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.
      (14)   ADULT MOTION PICTURE THEATER. A building or portion of a building with a capacity of 50 or more persons used for presenting material if the building or portion of a building as a prevailing practice of age or if the material is distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas for observation by patrons therein.
      (15)   ADULT NOVELTY BUSINESS. A business which has as a principal activity the sale of devices which stimulate human genitals or devices which are designed for sexual stimulation.
      (16)   ADULT SAUNA. A sauna which provides a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning, relaxing or reducing agent if the building or portion of a building restricts minors by reason of age and if the service provided by the steam room/bathhouse facility is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
      (17)   ADULT STEAM ROOM/ BATHHOUSE FACILITY. A building or portion of a building used for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation or reducing, utilizing steam or hot air as a cleaning; relaxing or reducing agent if the service provided by the steam room/bathhouse is distinguished and characterized by an emphasis on specified sexual activities or specified anatomical areas.
   SPECIFIED ANATOMICAL AREAS.
      (1)   Less than completely or opaquely covered human genitals, pubic region, buttock, anus or female breast(s) below a point immediately above the top of the areola; and
      (2)   Human male genitals in a discernable turgid state, even if completely and opaquely covered.
   SPECIFIED SEXUAL ACTIVITIES.
      (1)   Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;
      (2)   Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence;
      (3)   Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
      (4)   Fondling or touching of nude human genitals, pubic region, buttocks or female breast(s);
      (5)   Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, bettering, binding or other physical restraint of any such persons;
      (6)   Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or
      (7)   Human excretion, urination, menstruation, vaginal or anal irrigation in the context of a sexual relationship.
(Ord. passed 10-11-1963)