Definitions. As used in this section, the following
terms shall have the meanings indicated:
AVAILABLE TO THE PUBLIC
The matter or performance may be purchased or attended on
a subscription basis, on a membership fee arrangement, or for a separate
fee for each item or performance.
DISPLAYS PUBLICLY
Exposing, placing, posting, exhibiting, or in any fashion
displaying in any location, whether public or private, an item in
such a manner that it may be readily seen, and its content or character
distinguished by normal unaided vision viewing it from a street, highway,
or public sidewalk, or from the property of others.
DISSEMINATE
To transfer possession of, with or without consideration.
EXPLICIT SEXUAL MATERIAL
Any pictorial or three-dimensional material depicting human
masturbation, deviate sexual intercourse, sexual intercourse, direct
physical stimulation of unclothed genitals, sadomasochistic abuse,
or emphasizing the depiction of postpubertal human genitals; provided,
however, that works of art or of anthropological significance shall
not be deemed to be within the foregoing definition.
KNOWINGLY
Being aware of the character and content of the material.
MASSAGE
Any process consisting of kneading, rubbing or otherwise
manipulating the skin of the body of a human being either with the
hand or by means of electrical instruments or apparatus or other special
apparatus, but shall not include massages by duly licensed physicians,
osteopaths, chiropractors, registered nurses and practical nurses
operating under a physician's directions, registered speech pathologists
and physical or occupations therapists who treat only patients recommended
by a licensed physician and who operate only under such physician's
direction; nor shall this definition include any massage of the face
or neck practiced by beauticians, cosmetologists and barbers duly
licensed.
MASSAGE ESTABLISHMENT
Any building, room, place or establishment where, for any
form of consideration or gratuity, manipulated massage or manipulated
exercises are practiced upon the human body by anyone not a duly licensed
physician, osteopath, chiropractor, registered nurse and practical
nurse operating under a physician's directions, registered speech
pathologists and physical or occupational therapists who treat only
patients recommended by a licensed physician and operate only under
such physician's direction, whether with or without the use of mechanical,
therapeutic or bathing devices, and shall include Turkish bathhouses.
The term shall not include a regularly licensed hospital, medical
clinic or nursing home, duly licensed beauty parlors or barber shops.
MATERIAL
Any book, magazine, newspaper or other printed or written
material or any picture, drawing, photograph, motion picture, or any
statue or other figure, or any recording, transcription or mechanical,
chemical, or electrical reproduction or any other articles, equipment
or machines.
MINOR
Any person under the age of 18.
NUDITY
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering, or the depiction of covered
male genitals in a discernibly turgid state.
OBSCENE
That to the average person applying contemporary community
standards:
(1)
The predominant appeal of the matter taken as
a whole, is to prurient interest; i.e., a shameful or morbid interest
in sexual conduct, nudity, or excretion;
(2)
The matter depicts or describes sexual conduct
in a patently offensive manner; and
(3)
The work, taken as a whole, lacks serious literary,
artistic, political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PORNOGRAPHIC FOR MINORS
Any material or device or performance is "pornographic for
minors" if it is primarily devoted to description or representation,
in whatever form, of nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse and:
(1)
Its predominant appeal is to prurient interest
in sex;
(2)
It is patently offensive to prevailing standards
in the adult community as a whole with respect to what is suitable
material for minors; and
(3)
It lacks serious literary, artistic, political
or scientific value for minors.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments
providing food and beverages, including but not limited to hostessing,
hat checking, cooking, bar tending, serving, table setting and clearing,
waiter and waitressing, and entertaining.
SEXUAL DEVICE
Any instrument or appliance primarily designed, promoted
or marketed for the purposes of artificially causing simulating, or
enhancing sexual conduct, except that any such device which is sold,
distributed or displayed for bona fide medical purposes shall not
be included within this definition.