Definitions. For the purpose of this section, the
following phrases and words shall have the meanings assigned below,
except in those instances when the context clearly indicates a different
meaning:
ADULT BOOKSTORE
A business, whether retail or wholesale, having more than
10% of its net floor space aside for or 10% of the value of its stock-in-trade
recordings, books, magazines, periodicals, films, video tapes/cassettes
or other viewing materials for sale or viewing on or off the premises,
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to sexual activities or specified
anatomical areas.
ADULT ENTERTAINMENT USES GENERALLY
Any business, including but not limited to those specifically
enumerated in this section, which has more than 10% of its net floor
space set aside for or 10% of the volume of its stock-in-trade devoted
to the display, viewing or dissemination of material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activity or specified anatomical areas, including
but not limited to any establishment that allows or promotes dancers,
performers or employees, whether male or female, to display specified
anatomical areas.
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building, structure or portion
thereof used for presenting materials distinguished or characterized
by an emphasis on matter depicting, describing or relating to sexual
activities or specified anatomical areas for observation by patrons.
BUSINESS
Any person, firm, association, partnership, corporation or
other entity for profit.
DISSEMINATION
The transfer of possession, custody, control or ownership
of, or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to sexual activities or specified anatomical areas.
MASSAGE
A method of treating the external parts of the human body
by rubbing, stroking, kneading, tapping or vibrating with the hand
or any instrument.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered. This definition shall not be construed
to include hospital, nursing home, medical clinic or the office of
any health-care practitioner duly licensed by the State of New York,
nor barbershops or beauty salons in which massages are administered
only to the scalp, the face, the neck or the shoulders. This definition
shall not include a volunteer fire department, a volunteer rescue
squad or a nonprofit organization operating a community center, swimming
pool, tennis court or other educational, cultural, recreational or
athletic facilities and facilities for the welfare of the residents
of the area.
MASSAGE TECHNICIAN
Any individual who administers a massage to another individual
at a massage establishment. This definition shall not include any
health-care practitioner duly licensed by the State of New York.
NET FLOOR AREA
That portion of the building devoted to display, whether
for viewing or dissemination, of a business's stock-in-trade. This
shall not include entry areas, stockrooms, closets, storage area,
cash register areas or any area from which the public is excluded
or rest rooms whether public or private.
SEXUAL ACTIVITIES
Any set of masturbation, fellatio, sadomasochism, homosexuality,
sexual intercourse or physical contact with a person's clothed or
unclothed genitals, pubic area, buttock or, if such person be female,
breast.
SPECIFIED ANATOMICAL AREAS
Human male or female genitals, pubic area or buttocks with
less than a full opaque covering or female breast with less than a
fully opaque covering of any portion thereof below the top of the
nipple or covered male genitals in a discernibly turgid state.