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 this section.
OBSCENE
Any description, narrative account, display or depiction of sexual
activity or anatomical area, contained in or consisting of a picture or other
representation, publication, sound recording, live performance or film which,
by means of posing, composition, format or animated sensual details:
[Amended 5-25-1982 by Ord.
No. 82-6]
A.
Depicts or describes in a patently offensive way ultimate sexual acts,
normal or perverted, actual or simulated, masturbation, excretory functions
or lewd exhibition of the genitals;
B.
Lacks serious literary, artistic, political or scientific value, when
taken as a whole; and
C.
Is a part of a work which, to the average person applying contemporary
community standards, has a dominant theme, taken as a whole, which appeals
to the prurient interest.
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 of business where any physical contact with the recipient of such service
is provided by a person of the opposite sex, thereby resulting in sexual conduct.
B. Use or occupy any building, structure or premises as
an adult bookstore, as herein defined.