For the purpose of this chapter, "adult regulated uses" are defined as follows:
ADULT ARCADE AND MINI-MOTION PICTURE THEATER: Any place to which the public is permitted or invited wherein coin operated or slug operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis on matter depicting or describing, or relating to, specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE AND ADULT VIDEO STORE: A commercial establishment which offers for sale or rental for any form of consideration, and which has as a substantial or significant portion of its stock in trade, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides or other visual representations, recordings, other audio matter, novelties and devices which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The adult bookstore, adult novelty store or adult video store may have other principal business purposes that do not involve the offering for sale or rental of materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as a substantial or significant portion of its business includes the offering for sale or rental for consideration of the specified materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
ADULT BOOTH:
A. A small enclosed or partitioned area inside an adult regulated use which is:
1. Designed or used for the viewing of books, magazines, periodicals or other printed matter, photographs, films, motion pictures, videocassettes, slides or other visual representations, recordings and novelties or devices which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas by one or more persons; and
2. Accessible to any person, regardless of whether a fee is charged for access.
B. The term "adult booth" does not include a foyer through which any person can enter or exit the establishment, or a restroom.
ADULT ENTERTAINMENT: Any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated "specified sexual activities" or "specified anatomical areas" as defined in this section, or the removal of articles of clothing or appearing partially or totally nude.
ADULT MOTION PICTURE THEATER: A commercial establishment where, for any form of consideration, files, motion pictures, videos, slides or other photographic reproductions are regularly shown in which a substantial portion of the total presentation is devoted to the showing of material which is distinguished or characterized by its emphasis on the depiction, description or relation to specified sexual activities or specified anatomical areas for observation by or entertainment of patrons, guests and/or members.
ADULT THEATER: A commercial establishment which is a theater, concert hall, auditorium or similar commercial establishment, either indoor or outdoor in nature, which, for any form of consideration, regularly features live performances which are distinguished or characterized by their emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by guests, patrons and/or members. An adult theater does not include a theater, concert hall, auditorium or similar establishment which, for any fee or consideration, regularly features live performances which are not distinguished or characterized by their emphasis on the depiction or description of specified sexual activities or specified anatomical areas in that any such depiction or description is only incidental to the primary purpose of the performance.
COMMERCIAL ESTABLISHMENT: Any business, location or place which conducts or allows to be conducted on its premises any activity for commercial gain.
EMPLOYEE: A person who performs any service on the premises of an adult regulated use on a full time, part time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the person is paid a salary, wage or other compensation by the operator of the adult regulated use. The term "employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ESTABLISHMENT: The site or premises on which an adult regulated use is located, including the interior of the establishment or portions thereof, upon which certain activities or operations are being conducted for commercial gain.
SPECIFIED ANATOMICAL AREAS: A portion of the human body defined as follows:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below the point immediately above the top of the areola.
B. Human male genitals in a discernible turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: The explicit display of one or more of the following:
A. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. (Ord. 1513, 9-7-2010)