As used in this chapter, the following terms
shall have the meanings indicated:
ADULT BOOKSTORE
Any business or business operation which sells, distributes
or otherwise conveys any obscene materials described in the definition
of "obscene."
OBSCENE
That which to the average person, applying contemporary community
standards, when considered as a whole, has as its dominant theme or
purpose an appeal to the prurient interest. Any movie film, movie
tape, videocassette, magazine, picture, drawing, photograph or other
publication and any mechanical or electronic gadget, implement or
device designed to sexually stimulate shall be obscene within the
meaning of this chapter if it is established that:
A.
The dominant theme of the material taken as
a whole appeals to the prurient interest;
B.
The material is patently offensive because it
affronts contemporary community standards relating to the description
or representation of sexual matters; and
C.
The material is utterly without redeeming social
value or the work taken as a whole lacks serious artistic, literary,
political or scientific value.
PERSON
Any individual, firm, corporation, partnership or any other
type or form of business which may be conducted in this state.
It shall be unlawful for any person, as defined
herein, to:
A. Operate any establishment, regardless of whether it
is a public or private facility, as a massage parlor, bath parlor
or any similar type business where any physical contact with the recipient
of such service is provided, thereby resulting in sexual conduct.
B. Use or occupy any building, structure or premises
as an adult bookstore, as herein defined.
It shall be unlawful for any person, as defined herein, to sell, distribute or otherwise convey any obscene materials described in the definition of "obscene" in §
175-2.
A violation of this chapter shall also be grounds
for revocation of any license or certificate of occupancy issued by
the municipality on the premises.