Definitions. As used in this section, the following
terms shall have the meanings indicated:
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion producing devices are maintained
to show images to five or fewer persons per machine at any one time
or where the image is so displayed or distinguished or characterized
by depicting or describing specified sexual activities or specified
anatomical areas.
ADULT CABARET, ADULT DANCE HALL, ADULT CLUB, ADULT BAR, ADULT
TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENT
Offering adult entertainment; any cabaret, dance hall, club,
tavern, bar, nightclub, restaurant or similar commercial establishment
offering entertainment used for presenting material distinguished
or characterized by an emphasis on matter depicting or describing
specified sexual activities or specified anatomical areas, for observation
by patrons therein whether or not liquor is sold on the premises.
Such presentation or material may be live or through films, motion
pictures, video cassettes, slides or other photographic reproduction
depicting or describing specified sexual activities or specified anatomical
areas.
ADULT ENTERTAINMENT
Live or non-live entertainment containing specified sexual
activities or displaying or presenting specified anatomical areas.
This definition is a broad overall definition which includes the activities
adult cabaret, adult dance hall, adult club, adult bar, adult tavern,
adult materials sales, adult mini motion-picture theater and peep
shows as part of its definition for adult entertainment.
ADULT MATERIALS RENTAL AND SALES
(1)
Book, video, magazine rentals, other printed
matter, photographs, films, motion-picture video or production slides
or other visual representation and/or sales where the locations offer
the showing or displaying of matter depicting or describing specified
sexual activities or specified anatomical areas for observation by
patrons on the premises. This does not apply to the availability for
sale of any material displayed in such a way that only the name of
the book or magazine appears. This also does not include rentals and/or
sales for use of such materials off the premises of said establishments.
(2)
Instruments, devices or paraphernalia which
are used for presenting material distinguished or characterized by
an emphasis on matter depicting or describing specified sexual activities
or specified anatomical areas.
(3)
Such a commercial establishment as listed in Subsections
(1) and
(2) may have other principal business purposes that do not involve the offering for sale or rental of material depicted or describing specified sexual activities or specified anatomical areas and still be characterized as adult material sales. Such other business purposes will not serve to exempt such commercial establishments from being categorized as adult material sales so long as one of its principal business purposes is the offering for sale or rental for consideration in specified materials used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATER
Any enclosed or semienclosed or unenclosed building which
houses a commercial establishment with the capacity for less than
50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas for observation by patrons
therein.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodation to the public for any form
of consideration; provides patrons of closed circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproduction which are used for presenting material distinguished
or characterized by an emphasis on matter depicting or describing
specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
Any enclosed or partially enclosed or unenclosed building
which houses a commercial establishment with the capacity of 50 or
more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas for observation by patrons
therein.
APPLICANT
A person who applies by filling out an application for a
permit for an adult entertainment business.
CERTIFICATION
A department and/or agency of the Borough after inspection
of the premises for adult entertainment writes a report to the code
Zoning Officer regarding compliance or noncompliance.
ESTABLISHMENT
(1)
The opening or commencement of any adult entertainment
as a new business;
(2)
The conversion of an existing business, whether
or not an adult entertainment, to an adult entertainment business;
(3)
The additions of any adult entertainment business
to any other existing adult entertainment business; or
(4)
The relocation of any adult entertainment business.
PEEP SHOWS
Any enclosed or semienclosed or unenclosed building/enclosure
which houses a commercial establishment with the capacity for one
person used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activity or specified anatomical areas for observation by parties
therein.
PERMITTEE AND/OR LICENSEE
A person or persons to whom a permit and/or license to operate
an adult entertainment has been issued, as well as the individual
or individuals listed as an applicant on the application for permit
and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or
tumbling between persons of opposite sex; or
(2)
Activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a state
of nudity or seminude.
SPECIFIED ANATOMICAL AREAS
(1)
Human genitals, pubic region; anus;
(3)
Female breast(s) below a point immediately above
the top of the areola and/or female breast(s) partially or completely
covering the areola; or
(4)
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in state of sexual stimulation
or arousal;
(2)
Acts or stimulated acts of human masturbation,
sexual intercourse, sodomy or oral copulation;
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttocks, anus or female breast(s); or
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) through
(3) above.
TRANSFER OF OWNERSHIP or CONTROL
(1)
The sale, lease or sublease of a business;
(2)
The transfer of securities which constitutes
a controlling interest in the business whether by sale, exchange or
similar means; or
(3)
The establishment of a trust, gift or other
similar device which transfers the ownership or control of the business,
except for transfer by a bequest or other operation of law upon the
death of a person possessing the ownership or control.