Pursuant to this chapter, the following definitions shall apply
to sexually oriented businesses.
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-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
ADULT BUSINESS ESTABLISHMENT
A.
Any business open to the public, including, but not limited
to, any bookstore, video store, newsstand, novelty store, nightclub,
bar, cabaret, amusement arcade, theater, sexual encounter center or
another business which:
(1)
Derives revenue from the sale, rental or viewing of live performances
or representations in any form involving displays or materials which
meet the definition of "harmful to minors" and/or "sexual conduct"
as set forth in RSA 571-B:1 et seq., and
(2)
Devotes more than 20% of the total display, shelf, rack, table,
stand or floor area for live performances or representations in any
form of display or material which meet the definition of "harmful
to minors" and/or "sexual conduct" as set forth in RSA 571-B:1 et
seq.
B.
A business establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specific sexual activities or specific anatomical areas
and still be categorized as an adult business establishment (ABE).
Such other business purposes will not serve to exempt such commercial
establishment from being categorized as an adult business establishment
so long as one of its principal business purposes is the offering
for sale or rental for consideration the specified materials which
depict or describe specified sexual activities or specified anatomical
areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminudity; or
B.
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business
as a new business.
B.
The conversion of an existing business, whether or not a sexually
oriented business.
C.
The additions of any sexually oriented business to any other
existing sexually oriented business.
D.
The relocation of any sexually oriented business.
E.
The continued operation of any existing ABE, without license,
30 days after adoption of this chapter.
PERMITTEE or LICENSEE
A person in whose name a permit or license to operate a sexually
oriented business has been issued, as well as the individual listed
as an applicant on the application for a permit or license.
PERSON
An individual, proprietorship, corporation, association or
other legal entity.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
B.
Activities between two or more people when one or more of the
persons is in a state of nudity or seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult theater, sexual encounter center or adult business
enterprise.
SPECIFIED ANATOMICAL AREAS
The male genitals in a state of sexual arousal or the vulva
or more intimate parts of the female genitals.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts.
B.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
C.
Masturbation, actual or simulated.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
A.
The sale, lease or sublease of the business.
B.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
C.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
Any noncompliance with this chapter shall be considered a violation
and subject to a fine of not more than $1,000 for each day such noncompliance
is found to exist.
The invalidity of any provision of this chapter shall not affect
the validity of any other provision of this chapter.