For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT ARCADE. 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 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE, ADULT NOVELTY STORE
or
ADULT VIDEO STORE
. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, computer simulations, holograms, motion pictures, video reproductions, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia, which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear semi-nude; or
(2) Live performances which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities;" or
(3) Films, motion pictures, computer simulations, holograms, video cassettes, slides, or other photographic reproductions, which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas."
ADULT MOTEL. A hotel, motel, or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, computer simulations, holograms, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either
(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, holograms, computer simulations, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown or displayed which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT ORIENTED BUSINESS. This term is synonymous with SEXUALLY ORIENTED BUSINESS and means an adult arcade, adult bookstore, adult cabaret, adult motel, adult theater, adult motion picture theater, adult video store, escort agency, nude model studio, or sexual encounter center.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or semi-nude, or in live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
ADULT VIDEO STORE. See ADULT BOOKSTORE.
EMPLOYEE
,
EMPLOY
, and
EMPLOYMENT
. Describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status.
EMPLOYEE
does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
ENFORCEMENT OFFICER
. The Chief of Police, City Zoning Administrator or such person as may be designated by the City Council.
ESCORT. A person who, for consideration, and for another person, agrees or offers to act as a companion, guide, date or to privately model lingerie or to privately perform a striptease.
ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
ESTABLISH
or
ESTABLISHMENT. Any of the following:
(1) The opening or commencement of any sexually oriented business as a new business.
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
LICENSEE.
A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
NUDE, NUDITY or A STATE OF NUDITY.
The showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
NUDE MODEL STUDIO.
Any place where a person who appears in a state of nudity or displays "specified anatomical areas" [a commercial establishment which regularly features a person (or persons) who appears semi-nude and] is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A
NUDE MODEL STUDIO
does not mean a modeling class, or the facility for such class, operated:
(1) By a proprietary school licensed by the State of Arizona; a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
OPERATE
or
CAUSE TO BE OPERATED.
To cause to function or to put in a state of doing business. OPERATOR means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.
PERSON.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
REGULARLY FEATURES
or
REGULARLY SHOWN.
A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
SEMI-NUDE
or
IN A SEMI-NUDE CONDITION.
The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
SEXUAL ENCOUNTER CENTER.
A business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration: a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities." The definition of sexual encounter center or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS.
This term is synonymous with
ADULT ORIENTED BUSINESS
and means an adult arcade, adult bookstore, adult novelty store, adult cabaret, adult motel, adult theater, adult motion picture theater, adult video store, escort agency, semi-nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS.
Human genitals in a state of sexual arousal
.
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
SPECIFIED CRIMINAL ACTIVITY.
(1) Any one of the following offenses: Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
(2) For which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any 24 month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES.
Any of the following:
(1) The fondling of another person's genitals, pubic region, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of, or in connection with, any of the activities set forth in subdivisions (1) through (2) above.
SUBSTANTIAL ENLARGEMENT.
The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on the date this chapter takes effect.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS.
Any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
('80 Code, § 16-42) (Ord. 2514, passed 2-20-91; Ord. O2003-05, passed 2-19-03)