Definitions of Adult-Oriented Businesses - An adult-oriented business
is any place of business at which any of the following activities
is conducted:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its business sales, inventory, or stock-in-trade, books, magazines,
and other matter which are distinguished or characterized by their
emphasis depicting, describing, or relating to sexual conduct or sexual
excitement as defined in MGL c. 272, § 31.
ADULT CABARET
A nightclub, bar, restaurant, or similar establishment which
during a substantial portion of the total presentation time features
live performances which are distinguished or characterized by their
emphasis depicting, describing, or relating to sexual conduct or sexual
excitement as defined in MGL. c. 272, § 31.
ADULT ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration activities
between male and female persons and/or persons of the same sex when
one or more persons are in the state of nudity and where the activities
are distinguished or characterized by their emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
ADULT MOTEL
A motel or similar establishment offering public accommodations
for any form of consideration which provides patrons with closed-circuit
television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions, a substantial portion
of the total presentation time of which is distinguished or characterized
by its emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited where
electronically, electrically or mechanically controlled still or motion-picture
machines, projectors, or other image-producing devices are maintained
to show images to five or fewer persons per machine at any one time,
and in which a substantial portion of the total presentation time
of the images so displayed is devoted to the showing of material which
is distinguished or characterized by its emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31.
ADULT MOTION-PICTURE THEATER
An enclosed theater building used for presenting material
distinguished by an emphasis on matter depicting, describing, or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion
of its business sales, inventory, or stock-in-trade, devices, objects,
tools, or toys which are distinguished or characterized by their association
with sexual activity, including sexual conduct or sexual excitement
as defined in MGL c. 272, § 31.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment
either indoor or outdoor in nature, which, for any form of consideration,
regularly features live performances, a substantial portion of the
total presentation time of which is distinguished or characterized
by its emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion
of its business sales, inventory, or stock-in-trade, videos, movies,
or other film material which are distinguished or characterized by
their emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31.
OBSCENE ENTERTAINMENT
All entertainment which is "obscene" within the meaning of
that term as defined by MGL c. 272, § 31 and/or a final
adjudication of a court of competent jurisdiction.
SUBSTANTIAL OR SIGNIFICANT PORTION
Shall mean that any one of the following apply: twenty-five
percent (25%) or more of the business inventory or stock of merchandise
for sale, rental, distribution, or exhibition during any period of
time; or twenty-five percent (25%) or more of the annual number of
gross sales, rentals, or other business transactions; or twenty-five
percent (25%) or more of the annual gross business revenue; or twenty-five
percent (25%) or more of the hours during which the establishment
is open.