For the purpose of this chapter, unless the context clearly require
different meaning, the words, terms and phrases set forth shall have
the meanings given them in this section.
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, or video 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 BOOKSTORE
An establishment having as a substantial, significant, or
preponderant portion of its stock in matter which is distinguished
or characterized by their emphasis on content depicting, describing
or relating to specified sexual activities or specified anatomical
areas, as defined herein.
ADULT BUSINESS
Any adult or sexually oriented business, including any business
establishment that regularly features live performances which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person, or the breasts of any female person,
or specified sexual activities that involve the exposure of the genitals
or buttocks of any person, or the breasts of any female person, or
any business whose primary purpose is the sale or display of matter
that, because of its sexually explicit nature, may, pursuant to state
law or other regulatory authority, be offered only to persons over
the age of 18 years. Adult business may include an adult arcade, adult
bookstore, adult cabaret, adult hotel/motel, adult motion-picture
theater, adult visual materials or video store, adult modeling studio,
or adult entertainment enterprise, as defined herein.
ADULT BUSINESS OPERATOR
A person who supervises, manages, inspects, directs, organizes,
controls or in any other way is responsible for or in charge of the
premises of an adult business or the conduct or activities occurring
on the premises thereof.
ADULT BUSINESS OWNER
A person or persons who hold a financial or other business
interest, in whole or in part, either singly or jointly, in an adult
business. For purposes of this chapter, indicia of ownership may be
established by evidence including, but not limited to, business license
information, fictitious business name registration, utility billing
information, or by other competent evidence. For purposes of this
chapter, the person whose name appears on the business license application
as the business owner shall be deemed to be the adult business owner.
ADULT CABARET
A building or portion thereof or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as hereinafter defined; or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola, male or female genitals;
pubic areas; buttocks; or the female breast with only the nipple and
areola covered, or any combination thereof, for observation by patrons
or customers.
ADULT ENTERTAINMENT ENTERPRISE
Any business activity wherein is furnished for a fee or charge
or other like consideration the opportunity to paint, feel, handle,
touch, be in the presence of, be entertained by, be painted by, felt
by, or touched by, the unclothed body or the unclothed of the body
of another person, or to observe, view, or photograph such activity;
or a fee or charge or like consideration is paid or received for goods
sold or services rendered by or in the presence of one or more persons
with an unclothed body or an unclothed portion of the body. Adult
entertainment enterprise shall include, but not be limited to, the
following business activities and activities similar thereto: adult
or nude encounter studios, adult or nude dance studios, nude exhibitions,
peep shows, wrestling centers, adult or nude art or photograph studios.
"Unclothed portion of the body" shall mean state of dress so as to
expose the female breast below a point immediately above the top of
the areola, male or females genitals, pubic areas, buttocks, or female
breast with only the nipple and areola covered.
ADULT ENTERTAINMENT ROOM
Any room of an adult entertainment establishment which constitutes
an adult cabaret, adult motion-picture theater, adult entertainment
enterprise, or adult theater, or adult visual materials store pursuant
to this section.
ADULT HOTEL/MOTEL
A hotel or motel or similar business establishment offering
public accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films, computer-generated
images, motion pictures, videocassettes, slides, or other photographic
reproductions, 30% or more of the number of which are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; and
rents, leases, or lets any room for less than a six-hour period, or
rents, leases, or lets any single room more than twice in a twenty-four-hour
period.
ADULT MODELING STUDIO
A business which provides, for any form of compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display specified
anatomical areas to be observed, sketched, photographed, painted,
sculpted or otherwise depicted by persons paying such consideration.
"Modeling studio" does not include schools maintained pursuant to
standards set by the State Board of Education. "Modeling studio" further
does not include a studio or similar facility owned, operated, or
maintained by an individual artist or group of artists, and which
does not provide, permit, or make available specified sexual activities.
ADULT MOTION-PICTURE THEATER
A building or portion thereof or area, open or enclosed,
used for the presentation on more than 1/3 of the days in a calendar
year during which motion-picture films, videocassettes, cable television
or any other such visual media are displayed or exhibited, of films,
videocassettes, cable television or other visual media which are distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or special anatomical areas
as hereinafter defined for observation by patrons or customers. Adult
motion-picture theater does not include any room or suite of rooms
rented for human occupancy in a hotel or motel which is equipped or
furnished with a videocassette-playing machine or cable television,
unless such hotel or motel is determined to be an adult hotel/motel
as defined herein.
ADULT VISUAL MATERIALS OR VIDEO STORE
A building or portion thereof used by an establishment having
not less than 30% of its actual display area devoted to, or stock-in-trade
for sale or rental to the public or any segment thereof consist of,
books, magazines, other publications, films, videocassettes, or any
combination thereof which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as hereinafter defined.
APPLICANT
A person who is required to file an application for a permit
under this chapter, including an individual owner, managing partner,
officer of a corporation, or any other operator, manager, employee,
or agent of an adult business.
BAR
Any commercial establishment licensed by the State Liquor
Control Board to serve any alcoholic beverages on the premises.
CODE ENFORCEMENT OFFICER
The person responsible for ordinance enforcement functions
within the jurisdiction of the Township, including, but not limited
to, responsibility for administration and enforcement of the provisions
of this chapter.
EMPLOYEE
Every owner, partner, manager, supervisor, performer or other
worker, whether paid or not, who renders services of any nature in
the conduct of an adult business establishment. For purposes of this
chapter, it shall be a rebuttable presumption that every person who
renders services of any nature in the conduct of an adult business
is an employee of the adult business.
ENTERTAINER
Any person who is an employee or independent contractor of
the adult business, or any person who, with or without any compensation
or other form of consideration, performs live entertainment for patrons
of an adult business.
OPERATE AN ADULT BUSINESS
The supervising, managing, inspecting, directing, organizing,
controlling or in any way being responsible for or in charge of the
conduct of activities of an adult business or activities within an
adult business.
PERMITTEE
The person to whom an adult business permit is issued.
PERSON
Any individual, firm, association, partnership, coparty,
corporation, limited-liability corporation, joint-stock company, joint
venture or combination of the above in whatever form or character.
REGULARLY FEATURES
With respect to an adult business means a regular, substantial
course of conduct. The presentation, in or at any building or portion
thereof, of live performances which are distinguished or characterized
by an emphasis upon the display of specified anatomical areas or specified
sexual activity on two or more occasions within a thirty-day period,
three or more occasions within a sixty-day period, or four or more
occasions within a one-hundred-eighty-day period shall to the extent
permitted by law be deemed to be a regular and substantial course
of conduct.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, pubic region, buttocks, areola of the female breast, as
well as portions of the body covered by supporting straps or devices,
such as by G-strings, pasties, thongs, bikinis, or other similar forms
of garments or devices.
SPECIFIED ANATOMICAL AREAS
Includes any of the following:
(1)
Less than completely and opaquely covered human genitals, pubic
region, buttocks and female breast below a point immediately above
the top of the areola;
(2)
Human male genitals in a discernibly turgid state, even if completely
opaquely covered; and
(3)
Any device, costume or covering that simulates any of the body part included in Subsections
(1) or
(2) above.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following, whether performed directly
or indirectly through clothing or other coverings:
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy;
(3)
Fondling or other erotic touching of human genitals, pubic region,
buttocks or female breast;
(4)
Masturbation, actual or simulated; and
(5)
Excretory functions as part of or in connection with any of the other activities described in Subsections
(1) through
(4) of this definition.