Definitions. For the purposes of this Section, the following terms
shall be deemed to have the meaning indicated below:
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 machines, projectors
or image-producing devices are maintained to show images to five (5)
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 OR ADULT VIDEO STORE
A commercial establishment that, as one of its principal
business purposes, offers for sale or rental, for any form of consideration,
any one (1) or more of the following:
a.
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes or video reproductions, slides
or other visual representations that depict or describe the specified
sexual activities or specified anatomical areas; or
b.
Instruments, devices or paraphernalia that are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as an adult bookstore or adult video store. Such other business purposes
will not serve to exempt such commercial establishments from being
categorized as an adult bookstore or adult video store so long as
one of its principal business purposes is the offering for sale or
rental for consideration the specified materials that depict or describe
specified sexual activities or specified anatomical areas. A principal
business purpose need not be a primary use of an establishment so
long as it is a significant use based upon the visible inventory or
commercial activity of the establishment.
ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown that are characterized by the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment that regularly features persons who appear, in person,
in a state of nudity and/or semi-nudity and/or live performances that
are characterized by the exposure of "specified anatomical areas"
or by "specified sexual activities."
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
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 (1) or more of the persons is in a state of
nudity or seminudity.
SEXUALLY ORIENTED BUSINESS
An adult cabaret or any business which offers its patrons
goods of which a substantial or significant portion are sexually oriented
material. It shall be presumed that a business that derives thirty
percent (30%) or less of its revenue from sexually oriented materials
is presumed not to be a sexually oriented business. No building, premises,
structure, or other facility that contains any sexually oriented business
shall contain any other kind of sexually oriented business.
SPECIFIED ANATOMICAL AREAS
a.
The human male genitals in a discernible turgid state, even
if fully and opaquely covered; or
b.
Less than completely and opaquely covered human genitals and
pubic region.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
a.
The fondling or other erotic touching of human genitals or pubic
region, whether covered or uncovered;
b.
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
c.
Masturbation, actual or simulated; or
d.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(a) through
(c) of this definition, above.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
a.
The sale, lease or sublease of the business;
b.
The transfer of securities that form a controlling interest
in the business, whether by sale, exchange or similar means; or
c.
The establishment of a trust, gift or other similar legal device
that transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.