Definitions. For the purposes of this Chapter and unless
the context plainly requires otherwise, the following definitions
are adopted:
ADULT BUSINESS
Any business:
a.
That has as a significant purpose the sale, barter or rental
of merchandise or media that is intended for use in connection with
specified sexual activities or that emphasizes matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas; or
b.
That has as one (1) of its business purposes:
(1)
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
(2)
The providing of services that are intended to provide sexual
stimulation or gratification or that allow observation of specified
sexual activities or specified anatomical areas or allow participation
in specified sexual activities.
c.
The definition of "adult business" also includes,
but is not limited to:
(1)
Businesses that provide entertainment including, but not limited
to:
(b)
The definition of "adult entertainment business" includes, but is not limited to, an establishment with a screen
or projection areas, where a significant portion of its business is
the exhibition to patrons of films, videotapes or motion pictures,
where materials are displayed or live performances occur, which are
intended to provide sexual stimulation or sexual gratification to
the patrons or which are distinguished by or characterized by an emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas and establishments where a significant
portion of the business is the application of paint or other substance
to or on the human body by any means of application, technique or
process when the subject's body displays for the patron's view specified
anatomical areas.
(2)
Businesses that provide services including, but not limited
to:
(a)
BATHHOUSEMeaning an enterprise where a significant portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
(b)
ADULT MOTELMeaning an enterprise where a significant portion of the business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas and which rents room accommodations for less than six (6) hours at a time.
ADULT ENTERTAINMENT
Any 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:
a.
Where such exhibition, performance, display or dance is intended
to arouse or excite the sexual desires of the entertainer, other entertainers
or patrons, or
b.
If the entertainment involves a person who is nude or in such
attire, costume or clothing as to expose specified anatomical areas
to view, even if completely and opaquely covered.
EMPLOYEE
Any and all persons, including, but not limited to, managers,
entertainers, servers and independent contractors, who work in or
at or render any services related to the operation of an adult business.
ENTERTAINER
Any person who provides adult entertainment within an adult
business, whether or not a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity at any
adult business.
MINOR
Any person less than eighteen (18) years of age.
OPERATE
To own, conduct or maintain the affairs of an adult business.
PATRON
Any person who enters an adult business without regard to
whether a purchase is made from the adult business or compensation
is paid to the adult business or any employee of the adult business
for merchandise, entertainment or service.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, joint venture, governmental entity
or other entity or group of persons, however organized.
SERVER
Any person, other than an entertainer, who serves food or
drink at an adult business.
SIGNIFICANT PORTION OR SIGNIFICANT PURPOSE
a.
Twenty-five percent (25%) or more of the sales or gross receipts,
measured in dollars over any consecutive ninety (90) day period, derived
from such items or use;
b.
Twenty-five percent (25%) or more of the number of sales transactions,
measured over any consecutive ninety (90) day period, of such items
or use;
c.
Twenty-five percent (25%) or more of the dollar value of all
merchandise displayed at any time attributable to such items;
d.
Twenty-five percent (25%) or more of all inventory consists
of such items at any time;
e.
Ten percent (10%) 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) devoted to such use
or items at any time.
SPECIFIED ANATOMICAL AREAS
a.
Uncovered or exposed human genitals, pubic region or pubic hair,
buttocks, female breast or breasts below a point immediately above
the top of the areola encircling the nipple or any combination of
the foregoing; or
b.
Human male genitals exposed or in a discernibly erect state
even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Sexual conduct, including actual or simulated acts of human
masturbation; sexual intercourse; or physical contact in an act of
apparent sexual stimulation or gratification or seeking to arouse
the patron's sexual desires; or any sadomasochistic abuse or acts
involving animals or any latent objects or artificial device or inanimate
objects in an act of apparent sexual stimulation or gratification
or seeking to arouse the patron's sexual desires.