As used in this article, the following terms shall have the meanings indicated. NOTE: These definitions are to include any type of business(es) or combination of business(es) where specified anatomical areas are displayed or specified sexual activities are encountered.
ADULT BOOKSTOREAn establishment or business, whether retail or wholesale, having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals, films and viewing materials for sale or viewing on premises by use of motion-picture devices or any coin-operated means, including video tapes and props and toys, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment or business containing a segment or section devoted to the sale or display of such material.
ADULT CABARETA business enterprise which serves food or beverages for consumption on the premises, with or without carry-out service, which features entertainers or waiters and/or waitresses who display any specified anatomical area or who depict, describe or simulate specified sexual activities.
ADULT ENTERTAINMENT CABARETA public or private establishment that presents topless dancers, strippers, male or female impersonators or exotic dancers, or other similar entertainments.
ADULT MOTION-PICTURE THEATERAn enclosed building or structure or portion of a building or structure used for presenting materials having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT USEAn adult bookstore, adult cabaret, adult entertainment cabaret, adult motion-picture theater, massage establishment, body rub establishment, peep show or any other business(es) where specified anatomical areas are displayed or specified sexual activities are encountered.
BODY RUB ESTABLISHMENTAny establishment having a fixed place of business where body rubs are administered for pay.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administrated for pay, including but not limited to massage parlors, sauna baths and steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic; or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist; or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed massage therapist on the premises.
PEEPSHOWSA theater that presents material in the form of live shows, films or videotapes, viewed from an individual enclosure and that charges a fee and that is not open to the public generally.
SPECIFIED ANATOMICAL AREASA. Less than the completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.
B. Human male genitals in a discernibly turgid state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESA. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse, sodomy or bestiality.
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
SUBSTANTIAL CONNECTIONA. In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
B. In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.
C. In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.
D. Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.