For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ADULT BOOK AND/OR MEDIA STORE. An establishment that has at least 30%, or 3,000 square feet, whichever is less, of its floor area (not including storerooms, stock areas, bathrooms, basements, attics, or any portion of the business not open to the public, or at least 30% of its merchandise on display to the public devoted to books, magazines, films, videotape, or other media which are characterized by their emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT CABARET. An establishment which provides dancing or other live entertainment, if such establishment excludes minors by virtue of age from all or part of the establishment and if such dancing or other live entertainment is distinguished or characterized by an emphasis on the performance, depiction or description of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT HOTEL OR MOTEL. A hotel or motel from which minors are specifically excluded from patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT MINI-MOTION PICTURE THEATER.
(1) A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity for less than 50 persons used for presenting motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
(2) Any business which presents motion pictures, from which minors are excluded from all or part of the establishment, including films and videotapes, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, for viewing on the premises, including but not limited to private booths, viewing by means of coin operated or other mechanical devices, and the viewing of excerpts of motion pictures offered for sale or rent.
ADULT MODELING STUDIO. An establishment, which excludes minors from all or part of the 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 such 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 such customers.
ADULT MOTION PICTURE ARCADE. Any place which excludes minors from all or part of the establishment wherein coin or token operated or electronically, electrically, or mechanically controlled or operated still or motor 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 an emphasis on depicting or describing SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS.
ADULT MOTION PICTURE THEATER. A theater in an enclosed building, from which minors are excluded from all or part of the establishment, with a capacity of 50 or more persons used regularly and routinely for presenting live entertainment or motion pictures, including but not limited to film and videotape, having as a dominant theme material distinguished or characterized by videotape, having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS for observation by patrons therein.
ADULT NOVELTY BUSINESS. A business, from which minors are excluded from all or part of the establishment, which sells, offers to sell, or displays devices which simulate human genitals or devices which are designed for sexual stimulation.
ADULT ORIENTED BUSINESS. A business that is engaged in any of the following activities or which utilizes any of the following business procedures or practices:
(1) A business that is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage, either by operation of law or by the owners of such
business;
(2) Any business that has at least 30% or 3,000 square feet, whichever is less, of its floor area (not including storerooms, stock areas, bathrooms, basements, attics or any portion of the business not open to the public) or at least 30% of its merchandise on display to the public, devoted to items, merchandise or other material that is distinguished or characterized by an emphasis on material depicting, exposing, describing, discussing, or relating to
SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS; or
(3) Any other use or business defined in this section.
SPECIFIED ANATOMICAL AREAS. Any of the following conditions:
(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region, or pubic hair;
(b) Buttock; and
(c) Female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human
being and an animal.
(2) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the condition of being fettered, bound, or otherwise physically restricted on the part of the one so clothed.
(3) Masturbation or lewd exhibitions of the genitals including any explicit, close-up representation of a human genital organ.
(4) Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of a female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
YOUTH FACILITY. Any facility, or outdoor area where a substantial portion of its use or programs are devoted to, or offered for, activities or recreation for minors, regardless of whether such facility is public or private. Such facilities include, but are not limited to, playgrounds, swimming pools, libraries or day care facilities.
(Ord. 828, passed 2-10-97)