As used in this chapter, the following terms shall have the meanings
indicated:
ADULT USE
The use of any building, structure or land, or portion thereof,
for any purposes involving activities including but not limited to,
the establishments defined below.
ADULT-ORIENTED BUSINESS
A public or private establishment, or any part thereof, which
presents any of the following entertainments, exhibitions or services:
topless or bottomless dancers, strippers; topless waitressing, busing
or service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or g-strings or both;
adult arcades; adult video stores; adult cabarets; adult motels; peep
shows; adult motion-picture theaters; adult theaters; adult drive-in
theaters; escort agencies; nude model studios; and sexual encounter
centers. An adult use and entertainment establishment shall also include
any establishment which customarily excludes minors by reason of age.
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 regularly used to show films, motion
pictures, videocassettes, slides or other photographic reproductions,
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 depicting or describing specified sexual activities
or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
A commercial establishment which has as a significant or
substantial portion of its stock-in-trade or derives a significant
or substantial portion of its revenues or devotes a significant or
substantial portion of its revenues or devotes a significant or substantial
portion of its interior business advertising to the sale or rental
for any form of consideration any one or more of the following:
(1)
Books, magazines periodicals or other printed matter or photographs,
films, motion picture, videocassettes or video reproductions, slides,
compact disks, computer software, or other visual representations
which depict or describe specified sexual activities or specified
anatomical areas;
(2)
Instruments, devices or paraphernalia designed for use or marketed
primarily for stimulation of human genital organs or for sadomasochistic
use or abuse of oneself or others; or
(3)
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as adult bookstore or adult video store
so long as one of its principal business purposes is the offering
for sale or rental for consideration that specified materials which
depict or describe specified sexual activities or specified anatomical
areas. For purposes of this definition, "principal business purpose"
shall mean 25% or more of any of the following:
(a)
The number of different titles or kinds of such merchandise;
(b)
The number of copies or pieces of such merchandise;
(c)
The amount of floor space devoted to the sale and or display
of such merchandise; or
(d)
The amount of advertising which is devoted to such merchandise,
either in print or broadcast media.
ADULT CABARET
A nightclub, bar, nonalcoholic or juice bar, restaurant,
or similar commercial establishment which regularly features:
(1)
Persons who appear nude or in a state of seminudity;
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
(3)
Films, motion pictures, videocassettes, slides, or other photographic
reproductions characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration
and provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions characterized by, the depiction or description of specified
sexual activities or specified anatomical areas and which advertise
the availability of adult-oriented type of material by means of a
sign visible from a public right-of-way, or by means of off-premises
advertising, including, but not limited to, newspapers, magazines,
pamphlets or leaflets, radio or television; or
(2)
Offers sleeping rooms for rent on a regular basis for a period
of time less than eight hours or allows a tenant or occupant of a
room to subrent the room for a period of time less than eight hours.
ADULT DRIVE-IN THEATER
A drive-in theater where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown, characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which for any form of consideration regularly features
persons who appear in a state of nudity or live performances characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
PEEP SHOWS
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and characterized by exposure of specified sexual
activities or specified anatomical areas.
ESCORT AGENCY
A person or business association which furnishes, or offers
to furnish, or advertises to furnish, escorts as one of its primary
business purposes for a fee, tip or other consideration.
ESCORT
A person who, for a fee, tip or other consideration agrees
or offers to:
(1)
Act as a date for another person for consideration;
(2)
To privately model lingerie for another person; or
(3)
To privately perform a striptease for another person.
MASSAGE PARLOR
Any place where, for any form of consideration or gratuity,
massage, alcohol rub, administration of fomentations, electric or
magnetic treatments, or any other treatment manipulation of the human
body which occurs as part of or in connection with specified sexual
activities or where any person providing such treatment, manipulation
or service related thereto, exposes his or her specified anatomical
areas. This definition of "massage parlor" shall not include the practice
of massage in any licensed hospital, nor by a licensed physician,
surgeon, chiropractor or osteopath, nor by any person or technician
working under the supervision of a licensed physician, surgeon, chiropractor
or osteopath, nor by trainers for any amateur, semiprofessional or
professional athlete or athletic team or school athletic program.
MASSAGE TECHNICIAN
Any individual who administers a massage to another individual
at a massage parlor. This definition shall not include any health
care practitioner duly licensed by the State of New York.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly
depicted by other persons who pay money or any form of consideration,
other than as part of a course of instruction offered by an educational
institution established pursuant to the laws of the State of New York.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers, for any form of consideration, a place
where two or more persons may congregate, associate or consort for
the purpose of specified sexual activities or exposure of specified
anatomical areas or 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. The definition of "sexual encounter center"
shall not include an establishment where a medical practitioner, psychologist,
psychiatrist, or similar professional person licensed by the state
engages in medically approved and recognized sexual therapy.
MINOR
A person less than 18 years of age.
NUDITY or A STATE OF NUDITY
The appearance of:
(1)
Human bare buttocks, anus, male genitals, female genitals, or
areola or nipple of the female breast; or
(2)
A state of dress which fails to opaquely and fully cover human
bare buttocks, anus, male genitals, female genitals, pubic region
or areola or nipple of female breast.
PERSONS
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
PROMOTE
To manufacture, issue, sell, give, provide, lend, mail, deliver,
transmute, publish, distribute, circulate, disseminate, present, exhibit
or advertise or to offer or agree to do the same.
SADOMASOCHISTIC ABUSE
Actual or explicitly simulated flagellation or torture by
or upon a person who is nude or clad in undergarments, a mask or bizarre
costume, or in the condition of being fettered, bound or otherwise
physically restrained.
SEXUAL CONDUCT
Actual or explicitly simulated acts of masturbation, homosexuality,
sexual intercourse, lap dancing or physical contact in an act of apparent
sexual stimulation or gratification with a person's clothed or
unclothed genitals, pubic area, buttocks, or if such be female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
SPECIFIED ANATOMICAL AREAS
(1)
Unless completely and opaquely covered, human genitals, pubic
region, buttocks, or breasts below a point immediately above the top
of the areola; and
(2)
Even if completely and opaquely covered, male genitals in a
discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or breasts;
(2)
Sex acts, normal or perverted, actual or simulated; physical
contact with a person's clothed or unclothed genitals, pubic
area, buttocks, or if such person is female, breast; including intercourse,
oral copulation or sodomy;
(3)
Masturbation, actual or simulated;
(4)
Excretory functions as part of or in connection with activities set forth in Subsections
(1),
(2) and
(3) above.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, or sexual encounter center.
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the first floor area as it exists on
the effective date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
(1)
The sale, lease or sublease of a sexually oriented business.
(2)
The transfer of securities which constitutes a controlling interest
in a sexually oriented business, whether by sale, exchange or similar
means.
(3)
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of a sexually oriented business,
except for transfer by bequest or other operation of law upon the
death of the person possessing the ownership or control.