For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
Adult entertainment use.
“Adult entertainment use” shall include all of the following types of establishments and no other:
(1) Adult bookstore. “Adult bookstore” shall mean a retail sales use having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals whose dominant or predominant character and theme is the depiction or description of specified sexual activities or specified anatomical areas, as defined in this section, or a use with a segment or section devoted to the retail sale or display of such materials.
(2) Adult motion picture theater. “Adult motion picture theater” shall mean an enclosed building and/or a drive-in motion picture theater to which the public is invited or permitted, either of which is used for presenting filmed or videotaped materials whose dominant or predominant character and theme are the depiction of specified sexual activities or specified anatomical areas, as defined in this section, for observation by six (6) or more patrons of such use at any one time.
(3) Adult picture arcade. “Adult picture arcade” shall mean any place to which the public is permitted or invited wherein coin- or slug-operated, or electronically, electrically, or mechanically controlled, still or motion picture machines, projectors, television sets, or other image producing devices are used to display images to five (5) or fewer persons per machine at any one time, and which images have as a dominant or predominant character and theme the depiction of specified sexual activities or specified anatomical areas as defined in this section.
(4) Nude dancing theater. “Nude dancing theater” shall mean any building or structure used for the presentation of live dancing or modeling, the dominant or predominant character and theme of which are the display of specified sexual activities or specified anatomical areas, as defined in this section, and to which the public is permitted or invited.
(5) Adult hotel. “Adult hotel” shall mean any hotel wherein material is presented which is distinguishable or characterized by an emphasis on depicting or describing specified sexual activities, as defined in this section, and which establishment restricts admission to such building, or portion thereof, to adults only. As used in this section, “hotel” shall mean that term as defined in this Code.
(6) Adult-related establishment. “Adult-related establishment” shall mean any such establishment as defined in this chapter.
Establishment of an adult entertainment use.
“Establishment of an adult entertainment use” shall mean and include the opening of such a business as a new business, the relocation of such business or the conversion of an existing business, to any adult entertainment use.
Retail sale.
“Retail sale” shall mean a sale in which the vendor collects from the purchaser the State sales tax.
Specified sexual activity.
“Specified sexual activity” shall mean and include, and shall be limited to, the following:
(1) Actual or simulated genital or anal sexual intercourse;
(2) Oral copulation;
(3) Bestiality;
(4) Direct physical stimulation of unclothed genitals;
(5) Masochism;
(6) Erotic or sexually-oriented torture, beating, or the infliction of pain; or
(7) The use of excretory functions in the context of a sexual relationship.
Specified anatomical areas.
“Specified anatomical areas” shall mean and include, and shall be limited to, the following:
(1) Less than completely and opaquely covered human genitals, mons pubis, buttocks, and female breasts below the top of the areola; and/or
(2) Human male genitals in a discernibly turgid state, even if completely or opaquely covered.
Use, used.
“Use” and/or “used” shall mean to practice customarily.
(Ord. 1445, eff. August 14, 2014)