Unless specifically defined below, words or phrases used in
this Chapter shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give the most reasonable
application. For the purposes of this Chapter, the following words
and phrases shall have the meanings respectively ascribed to them
by this Section:
ADULT BOOKSTORE
An establishment having ten percent (10%) or more of its
stock in trade in books, photographs, magazines, films for sale or
viewing on or off the premises by use of motion picture devices, video
players, DVD players, computers or coin-operated means or other periodicals
which are distinguished or characterized by their principal emphasis
on matters depicting, describing or relating to specified sexual activities
as said term is defined herein or the principal purpose of which is
to stimulate or arouse sexually the patron viewer or reader.
ADULT ENTERTAINMENT
Any live exhibition, performance, display or dance of any
type, including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing
or any service offered for amusement on a premises, where such exhibition,
performance, display or dance is intended to seek to arouse or excite
the sexual desires of the entertainer, other entertainers or patrons
or if the entertainment involves a person who is nude, unless otherwise
prohibited by ordinance, or in such attire, costume or clothing as
to expose to view any portion of human genitals, pubic region, vulva,
pubic hair, buttocks, female breast or breasts below a point immediately
above the top of the areola or nipple or the human male genitals in
a discernibly erect state, even if completely and opaquely covered.
Adult bookstores shall be considered adult entertainment for purposes
of this Chapter.
ADULT ENTERTAINMENT BUSINESS
Any premises to which the public, patrons or members are
invited or admitted and wherein an entertainer provides adult entertainment
to a member of the public, a patron or member.
EMPLOYEE
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult entertainment business.
ENTERTAINER
Any person who provides adult entertainment within an adult
entertainment premises as defined in this Section, whether or not
a fee is charged or accepted for entertainment.
EROTIC DANCE
Any dance performed by an erotic dancer in an erotic dance
establishment which emphasizes or seeks to arouse or excite a patron's
sexual desires.
MANAGER
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity involving
adult entertainment occurring at any adult entertainment premises.
OPERATOR
Any person operating, conducting or maintaining an adult
entertainment business.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, martial community, joint venture, governmental
entity or other entity or group of persons however organized.
PUBLIC PLACE
Any area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots
and automobiles whether moving or not.
SERVER
Any person who serves food or drink at an adult entertainment
business.
SPECIFIED ANATOMICAL AREAS
Means:
1.
Uncovered or exposed human genitals, pubic region or pubic hair;
or buttock; or female breast or breasts below a point immediately
above the top of the areola or nipple or any combination of the foregoing;
or
2.
Human male genitals in a discernible erect state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, being actual or simulated, acts of human
masturbation; sexual intercourse; or physical contact, in an act of
apparent sexual stimulation or gratification, with a person's clothed
or unclothed genitals, pubic area, buttocks or the breast of a female;
or any sadomasochistic abuse or acts including animals or any latent
objects in an act of apparent sexual stimulation or gratification.
It is unlawful for any person to work as an entertainer, server
or manager at an adult entertainment business without first obtaining
a license to do so from the City or to work as an entertainer, server
or manager at an adult entertainment business after such person's
license to do so has been revoked or suspended.
All adult entertainment businesses shall permit representatives
of the Police Department or any other City Official acting in their
official capacity to inspect the premises as necessary to insure the
business is complying with all applicable regulations and laws.
Following the entry of an order by the City Clerk suspending
or revoking a license issued pursuant to this Chapter or disapproving
the renewal application for a license, such licensee or applicant
may seek administrative or judicial review in a manner provided by
law.
It shall be unlawful for any person to violate any of the provisions
of this Chapter. Upon conviction thereof, such person shall be punished
by a fine not exceeding one thousand dollars ($1,000.00) or be punished
by incarceration for a period not to exceed ninety (90) days, or by
both such fine and incarceration. Each day's violation of, or failure,
refusal or neglect to comply with, any provision of this Chapter shall
constitute a separate and distinct offense.