This term shall only include the following uses: adult store; adult theater; massage parlor; or adult live entertainment use. The term
ADULT USE shall be considered a distinct and separate use, and shall not be permitted as any other use (including, but not limited to, retail sales, personal services or a club).
(a) ADULT STORE. A commercial use or club with a total of more than 50 square feet of floor area used for the display, sale or rent of books, films, magazines or videotapes and/or for showing of coin- or token-operated films or video tapes which are distinguished or characterized by a clear emphasis on manner depicting or describing uncovered male or female genitals or “specified sexual activities”.
(b) ADULT LIVE ENTERTAINMENT FACILITY. A use including live entertainment involving persons displaying uncovered male or female genitals or nude or almost nude female breasts that is related to some form of monetary compensation paid to a person, business or organization operating the use or to persons involved in such activity.
(c) ADULT THEATER. A use involving the presentation to five or more persons at one time in a room of films, videotapes or images distinguished or characterized by an emphasis on depiction of “specified sexual activities” for observation by patrons therein and that is related to some form of monetary compensation by the persons viewing such matter.
(d) MASSAGE PARLOR. An establishment that meets all of the following standards:
(1) Manipulative exercises are conducted in return for monetary compensation on one person by another person who is not a “relative” or a state-licensed health care professional or a person certified by the state or a national association as a massage therapist;
(2) Massages are not conducted within a licensed hospital, nursing home, personal care center or office of a state-licensed health care professional;
(3) Massages are conducted within private rooms; and
(4) The use is not clearly a customary accessory use to a permitted exercise club or to a high school or college athletic program.
(Ord. 5745, approved 4-16-1998)