The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
ADULT ARCADE
Any establishment where one or more still- or motion-picture
projectors, slide projectors or similar machines, or other image-producing
machines, for viewing by five or fewer persons each, are regularly
used to show films, motion pictures, videocassettes, slides or other
photographic reproductions that are characterized by the depiction
or description of specified anatomical areas or specified sexual activities.
ADULT BOOKS
Any books, magazines, periodicals, pamphlets or other printed
materials that depict, display or describe specified anatomical areas
or specified sexual activities.
ADULT CABARET
Any nightclub, bar, restaurant or similar commercial establishment,
whether or not alcoholic beverages are served, which regularly features:
A.
Persons who appear nude or seminude;
B.
Live performances that are characterized by the exposure of
specified anatomical areas; or
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions that are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
ADULT ENTERTAINMENT
A.
Any exhibition of any adult-oriented motion picture, live performance,
display or dance of any type that has as a significant or substantial
portion of such performance any performance of specified sexual activities
or exhibition and viewing of specified anatomical areas, removal of
articles of clothing or appearing unclothed, pantomime, modeling,
or any other personal services offered customers, when such adult
entertainment is held, conducted, operated or maintained for profit,
direct or indirect; or
B.
Any amusement machine that is regularly used for presenting
material that is characterized by the depiction or description of
specified anatomical areas or specified sexual activities for observation
by patrons thereof.
ADULT MINI MOTION-PICTURE THEATER
Any enclosed building with a capacity of 50 or fewer persons,
regularly used for showing films, motion pictures, videocassettes,
slides or other photographic reproductions that are characterized
by the depiction or description of specified anatomical areas or specified
sexual activities for observation by patrons therein.
ADULT MOTEL
A commercial establishment which offers public accommodations,
for any form of consideration or gratuity, and provides patrons with
closed-circuit television transmissions, images transmitted by computer,
films, videocassettes, slides or other photographic reproductions
which are characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas and which
advertises the availability of this type of material by means of a
sign(s) visible from a public right-of-way or by means of off-premises
advertising in newspapers, magazines, leaflets, radio or television;
offers a sleeping room for rent for a period of time less than 10
hours or allows a tenant or occupant to subrent a sleeping room for
a time period of less than 10 hours; or defines itself as such by
advertising as an adult-oriented business to the general public.
ADULT MOTION-PICTURE THEATER
Any enclosed building with a capacity of more than 50 persons,
regularly used for showing films, motion pictures, videocassettes,
slides or other photographic reproductions that are characterized
by the depiction or description of specified anatomical areas or specified
sexual activities for observation by patrons therein.
ADULT NOVELTIES
A.
Instruments, devices, toys or paraphernalia that are designed
for or marketed primarily for stimulating human genital organs, sexual
arousal or sadomasochistic use;
B.
Instruments, devices, gag gifts; toys or paraphernalia that
depict, display or are shaped in the form of specified anatomical
areas;
C.
Oils, lotions, gels or creams that are designed for or marketed
primarily for use upon specified anatomical areas and intended for
stimulating human genital organs, sexual arousal or as an aid to enhance
or promote specified sexual activities; and
D.
Supplements, vitamins or similar products designed or marketed
for enlarging, extending or otherwise enhancing human male genitals
or for stimulating, enhancing or extending male or female sexual arousal
or libido.
ADULT-ORIENTED BUSINESS
A.
An adult arcade, adult-oriented store, adult cabaret, adult
mini motion-picture theater, adult motion-picture theater, adult motel,
adult theater, escort agency, massage parlor, nude model studio or
sexual encounter establishment;
B.
Any premises to which the public, patrons or members are invited
or admitted and wherein an entertainer provides adult entertainment,
or which premises are so physically arranged as to provide booths,
cubicles, studios, rooms, compartments or stalls separate from the
common areas of the premises for the purposes of viewing adult-oriented
motion pictures, or wherein an entertainer provides adult entertainment,
when such adult entertainment is held, conducted, operated or maintained
for profit, direct or indirect;
C.
Any adult entertainment studio or any premises that is physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, rap studio, exotic dance studio, encounter
studio, sensitivity studio, modeling studio or any other term of like
import; or
D.
Any establishment that advertises itself as an adult-oriented
business to the general public.
ADULT-ORIENTED STORE
A.
Any establishment having:
(1)
A substantial or significant portion of its stock-in-trade in
adult books, adult videos or adult novelties, or any combination thereof;
(2)
Any portion of its stock-in-trade in adult books, adult videos
or adult novelties and in conjunction therewith has rooms, designated
areas or facilities for the presentation, observation or use by patrons
of any item sold or rented in such establishment.
B.
For purpose of this definition, factors indicating that a "substantial
or significant" portion of a business is devoted to the sale or rental
of such items include, without limitation, any one or more of the
following criteria:
(1)
Twenty percent or more of all inventory consists of such items
at any time;
(2)
Twenty percent or more of the merchandise displayed for sale
consists of such items at any time;
(3)
Twenty percent or more of the stock-in-trade consists of such
items at any time;
(4)
Twenty percent or more of the floor area of the business (not
including storerooms, stock areas, bathrooms, basements or any portion
of the business not open to the public) is devoted to such items at
any time;
(5)
Twenty percent or more of the sales, measured in dollars over
any consecutive ninety-day period, is derived from such items;
(6)
Twenty percent or more of the number of sales transactions,
measured over any consecutive ninety-day period, is of such items;
or
(7)
Twenty percent or more of the dollar value of all merchandise
displayed at any time is attributable to such items.
ADULT THEATER
Any theater, concert hall, auditorium or similar commercial
establishment that regularly features persons who appear nude or seminude
or who appear in live performances that are characterized by the depiction
or description of specified anatomical areas or specified sexual activities
for observation by patrons therein.
ADULT VIDEOS
Films, motion pictures, videocassettes, DVDs, software, slides
or other photographic reproductions that depict, display or describe
specified anatomical areas or specified sexual activities.
CHURCH
Any church, synagogue, mosque, temple or building that is
used primarily for religious worship and related religious activities.
EMPLOYEE
Any and all persons, including independent contractors, who
work in or at or render any services directly related to the operation
of an adult-oriented business.
ENTERTAINER
Any person who provides adult entertainment within an adult-oriented
business, whether or not a fee is charged or accepted for such entertainment
and whether or not such entertainment is provided as an employee or
independent contractor.
ESCORT
Any person who, for any form of consideration, agrees or
offers to act as a social companion, guide or date for another person,
or who agrees or offers to privately model lingerie or to privately
perform a striptease for another person.
ESCORT AGENCY
Any person or business that furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes
for a fee, tip or other consideration.
INSPECTOR
The Town Manager, Chief of Police, Fire Marshal, Chief Building
Official, Director of Health, Zoning Enforcement Officer, their agent
or representative, or any Town or state employee designated to make
inspections for public safety, fire code, building code, public health,
zoning purposes, violations of this chapter, or for violations of
other laws and ordinances of the Town or state.
LICENSED PREMISES
Any premises that requires an adult-oriented business license
pursuant to this chapter, including any buildings, parking areas and
all other portions of the property of which the licensee has control.
LICENSEE
Any person in whose name a license to operate an adult-oriented
business has been issued, as well as the individual listed as an applicant
on an application for a license.
LIVE ADULT ENTERTAINMENT
Any live performance by a person who appears nude or seminude
or any live performance that is characterized by the exposure of specified
anatomical areas.
MASSAGE PARLOR
Any establishment having a fixed business where any person
engages in or carries on, or permits to be engaged in or carried on,
any method of pressure on, or friction against, or stroking, kneading,
rubbing, tapping, pounding, vibrating or stimulating of the external
soft parts of the body with the hands or with the aid of any mechanical
or electric apparatus or appliance, with or without any supplementary
aids such as rubbing alcohol, liniments, antiseptics, oils, powders,
creams, lotions, ointments, or other similar preparations commonly
used in this practice. The definition of "massage parlor" shall not
include the practice of massage:
A.
In any state-licensed hospital, nursing home, clinic, medical
office or rehabilitation facility;
B.
By a state-licensed physician, surgeon, chiropractor, osteopath,
physical therapist, or massage therapist;
C.
By any registered nurse, licensed practical nurse or technician
working under the supervision of a state-licensed physician, surgeon,
chiropractor, osteopath, physical therapist, or certified massage
therapist who shall be present on the licensed premises during the
time the service is rendered;
D.
By trainers for any amateur or professional athlete or athletic
team or school athletic program; or
E.
By any state-licensed barber or beautician with regard to the
massaging of the neck, face, scalp and hair for cosmetic or beautifying
purposes.
MASSEUR
Any person who, for any form of consideration, performs massage
activities as described in the previous definition of this section.
MINOR
Any person under the age of 18 years.
NUDE MODEL STUDIO
Any place where a person, for any form of consideration,
regularly appears nude or seminude or displays specified anatomical
areas to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by other persons. A nude model studio shall
not include a modeling class operated by an accredited public or private
school or college.
NUDITY
A.
The appearance of human bare buttocks, anus, genitals, pubic
region or the areola or nipple of the female breast; or
B.
A state of dress that fails to opaquely and fully cover human
buttocks, anus, genitals, pubic region or areola or nipple of the
female breast.
OPERATOR
Any person operating, owning, managing, conducting or maintaining
an adult-oriented business.
PRIVATE RECREATION AREA
Any private business, whether for-profit or not-for-profit,
intended to serve or attract clients, customers, or users under 18
years of age for the purpose of engaging in indoor or outdoor youth-oriented
programs or activities, including but not limited to sports or fitness
centers, martial arts, dance, gymnastics, music or art studios, indoor
open or guided play areas, camps and the like.
PUBLIC BUILDING
Any building owned, leased or otherwise held by the United
States, the state, the Town, any other town, any fire district, any
school district, or any other agency or political subdivision of the
United States or the state, which building is used for governmental
purposes.
PUBLIC PARK AND RECREATION AREA
Public land that has been designated for park or recreational
activities, including, but not limited to, a park, playground, nature
trails, swimming pool, reservoir, athletic field, golf course, basketball
or tennis courts, pedestrian or bicycle paths, open space, wilderness
areas, or similar public land within the Town that is under the control,
operation or management of the Town, any other town or the state.
SCHOOL
Any public, private or parochial educational facility, including,
but not limited to, child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, middle schools, junior high schools,
high schools, vocational schools, secondary schools, continuation
schools, special education schools, alternative schools, junior colleges,
colleges and universities. "School" includes the school grounds, but
does not include any facility used primarily for another purpose and
only incidentally as a school.
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 ACTIVITIES
Is not intended to include any medical publications or films
or bona fide educational publication or films, nor does it include
any art or photography publications that devote at least 25% of the
lineage of each issue to articles and advertisements dealing with
subjects of art or photography; nor does this definition apply to
any news periodical that reports or describes current events and which,
from time to time, publishes photographs of nude or seminude persons
in connection with the dissemination of the news; nor does this definition
apply to publications or films that describe and report different
cultures and which, from time to time, publish or show photographs
or depictions of nude or seminude persons while describing cultures
in which nudity or seminudity is indigenous to the population.
SEXUAL ENCOUNTER ESTABLISHMENT
A business or commercial establishment that, for any form
of consideration, offers a place where two or more persons may congregate,
associate or consort for the purpose of specified sexual activities
or the exposure of specified anatomical areas. A sexual encounter
establishment shall not include an establishment where a state-licensed
medical practitioner, psychologist, psychiatrist or similar professional
person engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areola; or
B.
Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Showing of human genitals in a state of sexual stimulation or
arousal;
B.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio or cunnilingus;
C.
Fondling or touching of another person's genitals, pubic
region, buttocks or female breasts;
E.
Excretory functions as part of or in connection with any of
such activities.