For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE.
Any place to which the public is permitted wherein coin-operated or slug-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 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 business purposes offers for sale or rental any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe “specified sexual activities” or “specified anatomical areas;” or
(2) Instruments, devices or paraphernalia that are designed for use in connection with “specified sexual activities.”
ADULT CABARET.
A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or semi-nudity, including topless dancers, nude dancers or strippers, male or female; or
(2) Live performances that are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT MOTEL.
A hotel, motel or similar commercial establishment that:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas;” and has a sign visible from the public right-of-way which advertises the availability of this type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER.
A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown that are 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 that regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
C
HILD CARE FACILITY.
A building used as a day nursery, children's boarding home, child placement agency, religious or charitable encampment for children or any other place for the care or custody of children under 16 years of age.
CHURCH.
A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
CITY ADMINISTRATOR
and/or
CITY SECRETARY.
The City of Whitesboro's City Administrator and/or City Secretary or his or her designated agent.
ESCORT.
A person who, for 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 who or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its business purposes, for a fee, tip, or other consideration.
ESTABLISHMENT.
Includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
LICENSEE.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
NUDE MODEL STUDIO.
Any place where a person who appears in a state of nudity or semi-nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
NUDITY
or a
STATE OF NUDITY.
(1) The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2) A state of dress that fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola if the female breast.
OPERATES OR CAUSES TO BE OPERATED.
To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operating a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
OWNER.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
RESIDENTIAL DISTRICT.
A single-family, duplex, townhouse, multiple-family or mobile home district or area so designated by such uses.
RESIDENTIAL USE.
Property used for single- family, duplex, multiple-family or mobile home park, mobile home subdivision, or campground purposes.
SCHOOL.
Any public or private learning center, elementary school, secondary school, junior college, community college, college, university or other center for post-secondary education.
SEMI-NUDE.
A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER.
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
SEXUALLY ORIENTED BUSINESS.
An adult arcade, adult book store, 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.
Human genitals in a state of sexual arousal.
SPECIFIED SEXUAL ACTIVITIES.
Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3), above.
SUBSTANTIAL ENLARGEMENT
of a sexually oriented business. The increase in floor area occupied by the business by more than 20%, as the floor area existed on the date of the enactment of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL
of a sexually oriented business. Any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) 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. 884, passed 11- -02)