Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
ADULT BOOKSTORE or ADULT VIDEO STORE
An establishment having as a substantial portion of its stock-in-trade
books, magazines, other periodicals, recordings, films, slides, videotapes
or other viewing materials and/or merchandise or other items for sale
or viewing, on or off the premises, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
activities or sexual anatomical areas and/or which establishment is
customarily not open to the public generally but excludes any minor
by reason of age. For the purpose of this definition only, "substantial"
shall mean comprising an area that is 30% or more of the total floor
area of such premises.
ADULT DRIVE-IN THEATER
A drive-in theater that customarily presents motion pictures
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to sexual activities or sexual anatomical
areas and/or that is not open to the public generally but excludes
any minor by reason of age.
ADULT ENTERTAINMENT BUSINESS USE
Any use constituting an adult bookstore, adult video store,
adult drive-in theater, adult entertainment cabaret, adult motel,
adult theater, massage establishment or peep show, as those terms
are defined herein.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers,
or other similar entertainments, and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
ADULT MOTEL
A motel which is not open to the public generally but excludes
minors by reason of age, or which makes available to its patrons,
in their rooms, films, slide shows or videotapes which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to sexual activities or sexual anatomical areas and/or
which, if presented in a public movie theater, would not be open to
the public generally but would exclude any minor by reason of age.
ADULT THEATER
A theater that customarily presents motion pictures, films,
videotapes or slide shows which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
activities or sexual anatomical areas and/or that is not open to the
public generally but excludes any minor by reason of age.
BUSINESS
Any person, firm, association, partnership, corporation or
other entity engaged in activities and/or operation, whether for profit
or not-for-profit.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. The term "massage" is defined
as a method of treating the external part of the human body by rubbing,
stroking, kneading or vibrating with the hand or any instrument. The
definition of such an establishment 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.
MINOR
Any person under the age of 18 years.
PEEP SHOWS
A theater or other establishment which presents material
in the form of live shows, films or videotapes, viewed from an individual
enclosure, for which a fee is charged and which is not open to the
public generally but excludes any minor by reason of age.
PERSON
Any individual, firm, partnership, corporation, club, association
or legal representative, acting individually or jointly.
SEXUAL ACTIVITIES
Any act of masturbation, fellatio, sodomy, sexual intercourse
or fondling or erotic touching of a person's genitals, pubic area,
buttocks or breast.
SEXUAL ANATOMICAL AREAS
(a)
Less than 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.