The following definitions shall apply to the terms used in this chapter:
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEXUALLY ORIENTED BUSINESS
A.
A commercial establishment which as one of its principal business purposes
offers for sale, rental or display any of the following books, magazines,
periodicals or other printed material or photographs, films, motion pictures,
video cassettes, slides or other visual representations which depict or describe
a specified sexual activity or specified anatomical area; or still- or motion-picture
machines, projectors or other image-producing devices which show images to
one person per machine at any one time, and where the images so displayed
are characterized by the depiction of a specified sexual activity or specified
anatomical area; or other instruments, devices or paraphernalia which are
designed for use in connection with a specified sexual activity. Excluded
from this definition of "sexually oriented businesses" shall be any commercial
entity for which:
(1)
The sale, rental or display of the above-described sexually oriented
materials constitutes only a minor ancillary or auxiliary aspect of its overall
business.
(2)
The sale, rental or display of the sexually oriented materials is segregated
from other items offered for sale.
(3)
An appropriate warning sign is posted prohibiting minors from the purchase,
rental or viewing of said sexually oriented materials.
B.
A commercial establishment which regularly features waiters, waitresses,
dancers or other live performances characterized by the exposure of a specified
anatomical area or by a specified sexual activity, or which regularly shows
films, motion pictures, video cassettes, slides or other photographic representations
which depict or describe a specified sexual activity or specified anatomical
area.
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human genitals, pubic region,
buttock or female breasts below a point immediately above the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
A.
The fondling or other erotic touching of covered or uncovered human
genitals, pubic region, buttock or female breast.
B.
Any actual or simulated act of human masturbation, sexual intercourse
or deviate sexual intercourse.
This chapter shall not apply to a lawfully operating sexually oriented
business where another sexually oriented business, an elementary or secondary
school, school bus stop or any municipal or county playground
or place of public resort and recreation is subsequently established within
1,000 feet, or a residential district or residential lot is subsequently established
within 500 feet.
[Added 6-30-1998 by Ord.
No. 1998-8]
Any person violating any provision of this chapter shall, upon conviction,
be punishable by a fine not exceeding $1,000 or imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90 days,
or any combination thereof.