The following definitions shall apply in the interpretation of this chapter:
(a) “Adult Entertainment Business” means an adult book store, adult motion picture theater, adult drive-in motion picture theater, or an adult only entertainment establishment as further defined in this section.
(b) “Adult Book Store” means an establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices, or both: books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
(c) “Adult Motion Picture Theater” means an enclosed motion picture theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(d) “Adult Motion Picture Drive-in Theater” means an open air drive-in theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
(e) “Adult Only Entertainment Establishment” means an establishment where the patron directly or indirectly is charged as fee where the establishment feature entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(f) “Adult material” means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, video tape, dvd, figure, image, description, motion picture film, phonographic record or tape, compac disc, other tangible thing, or any service, capable of arousing interest through sight, sound or touch, and
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination, or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
(g) “Bottomless” means less than full opaque covering of male or female genitals, pubic area or buttocks.
(h) “Nude or nudity” means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full opaque covering of any portion thereof, or female breast(s) with less than full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(i) “Topless” means the showing of a female breast with less than a full opaque covering any portion thereof below the top of the nipple.
7 (j) “Sexual activity” means sexual conduct or sexual contact, or both.
(k) “Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region or a breast for the purpose of sexually arousing or gratifying either person.
(l) “Sexual excitement” means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(Ord. 28-2003. Passed 9-22-03.)