Definitions of sexually oriented businesses. A sexually
oriented business is any place of business at which any of the following
activities is conducted:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its business sales, inventory or stock-in-trade, books, magazines
and other matter which are distinguished or characterized by their
emphasis depicting, describing or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion
of its business sales, inventory or stock-in-trade, devices, objects,
tools or toys which are distinguished or characterized by their association
with sexual activity, including sexual intercourse, sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion
of its business sales, inventory or stock-in-trade, videos, movies
or other film material which are distinguished or characterized by
their emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE THEATER
An enclosed theater building used for presenting material
distinguished by an emphasis on matter depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited where
electronically, electrically or mechanically controlled still- or
motion-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 in which a substantial portion of the total presentation
time of the images so displayed is devoted to the showing of material
which is distinguished or characterized by its emphasis depicting,
describing or relating to sexual conduct or sexual excitement as defined
in MGL c. 272, § 31.
ADULT CABARET
A nightclub, bar, restaurant or similar establishment which
during a substantial portion of the total presentation time features
live performances which are distinguished or characterized by its
emphasis depicting, describing or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31.
ADULT MOTEL
A motel or similar establishment offering public accommodations
for any form of consideration which provides patrons with closed circuit
television transmissions, films, motion pictures, video cassettes,
slides or other photographic reproductions, a substantial portion
of the total presentation time of which are distinguished or characterized
by its emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment,
either indoor or outdoor in nature, which, for any form of consideration,
regularly features live performances, a substantial portion of the
total presentation time of which are distinguished or characterized
by its emphasis depicting, describing or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
NUDE MODEL STUDIO
A place where a person who appears in a state of nudity or
displays male genitals in a state of sexual arousal and/or the vulva
or more intimate parts of the female genitals and is observed, sketched,
drawn, painted, sculptured, photographed or similarly depicted by
other persons who pay any form of consideration; and such display
is distinguished or characterized by its emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
OBSCENE ENTERTAINMENT
All entertainment which is obscene within the meaning of
that term as defined by MGL c. 272, § 31, and final adjudication
of a court of competent jurisdiction.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration: (a) physical
contact in the form of wrestling or tumbling between persons of the
opposite sex; or (b) activities between male and female persons and/or
persons of the same sex when one or more persons is in the state of
nudity; or where the activities in (a) or (b) are distinguished or
characterized by its emphasis depicting, describing or relating to
sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
SUBSTANTIAL OR SIGNIFICANT PORTION
That any one of the following apply: 33% or more of the business
inventory or stock of merchandise for sale, rental, distribution or
exhibition during any period of time; or 33% or more of the annual
number of gross sales, rentals, or other business transactions; or
33% or more of the annual gross business revenue; or 33% or more of
the hours during which the establishment is open.