Terms defined. As used in this section, the following terms shall
have the meanings indicated:
ADULT CABARET OR CLUB
A restaurant, or other establishment licensed under MGL c.
138, § 12, which, as a form of entertainment, features exotic
dancers, strippers, male or female impersonators or similar entertainers,
or allows a person or persons to work in a state of nudity; or provides
films, motion pictures, videocassettes, compact disks, slides, photographic
reproductions, or other visual and/or audio media, regardless of form
or method of presentation, which are characterized by the depiction
or description of sex-related anatomical areas, or relating to any
sexual activity, including sexual conduct or sexual excitement, as
defined in MGL c. 272, § 31, as amended.
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 are distinguished or characterized
by its emphasis depicting, describing, or relating to sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, as
amended.
ADULT PARAPHERNALIA STORE
An establishment having as a substantial or significant portion
of its 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 USE
A use of a building or business (whether partial or entire)
for the purpose of engaging in the sale, display, hire, trade, exhibition
or viewing of materials or entertainment depicting, describing, or
relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, including adult bookstores, adult live entertainment,
adult motion-picture theaters, adult paraphernalia stores and adult
video stores, massage service establishments, sexual encounter clubs,
adult cabaret or club, adult motel or similar establishment customarily
excluding any minor by reason of age as a prevailing practice, as
may be further defined in this bylaw.
ADULT VIDEO STORE
An establishment having as a substantial or significant portion
of its stock-in-trade, videos, movies, computer software, computer
discs, laser discs or other film material which is distinguished or
characterized by their emphasis depicting, describing or relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
MEMBERSHIP CLUB
A social, sports, or fraternal association or organization
used exclusively by members and their guests and which may contain
bar facilities, but excluding sexual encounter clubs.
NUDITY
Uncovered or less than opaquely covered human genitals, pubic
areas, the human female breast below a point immediately above the
top of the areola, or the covered male genitals in a discernibly turgid
state. For the purposes of this definition, a female breast is considered
uncovered if the nipple or areola only are covered as defined in MGL
c. 272, § 31, as it may be amended.
SEXUAL CONDUCT
Human masturbation, sexual intercourse, actual or simulated,
normal or perverted, any lewd exhibitions of the genitals, flagellation
or torture in the context of a sexual relationship, any lewd touching
of the genitals, pubic areas, or buttocks of the human male or female,
or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals, and any depiction
or representation of excretory functions in the context of a sexual
relationship. Sexual intercourse is simulated when it depicts explicit
sexual intercourse that gives the appearance of the consummation of
sexual intercourse, normal or perverted, as defined in MGL c. 272,
§ 31, as it may be amended.
SEXUAL ENCOUNTER CLUB
A business or commercial enterprise, public or private, that
as one of its primary business purposes offers for any form of consideration:
(A) physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or (B) activities between male and female
persons and/or persons of the same sex when one or more persons is
in the state of nudity; or where the activities in (A) or (B) are
distinguished or characterized by its emphasis depicting, describing,
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, as amended.
SEXUAL EXCITEMENT
The condition of human male or female genitals or the breasts
of the female while in a state of sexual stimulation or the sensual
experiences of humans engaging in or witnessing sexual conduct or
nudity as defined in MGL c. 272, § 31, as it may be amended.