The following definitions shall apply in this article:
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 other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
(1)
Books, magazines, periodicals or other printed matter or photographs,
film, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
(2)
Instruments, devices or paraphernalia which 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 defined
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 of the specified materials which depict or describe
specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
(1)
Persons who appear in a state of nudity; or
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or photographic
reproductions which are characterized by the depiction or description
of specified anatomical areas or specified sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction of specified sexual activities
or specified anatomical areas; and has a sign visible from the public
right-of-way which advertises the availability of this adult type
of photographic reproductions;
(2)
Offers sleeping room for rent for a period of time that is less
than 10 hours; or
(3)
Allow a tenant or occupant of a sleeping room to sub-rent the
room of a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
ADULT USES
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies and sexual encounter centers.
ESCORT
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
ESTABLISHMENT
Any of the following:
(1)
The opening or commencement of any sexually oriented business
as a new business.
(2)
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
(3)
The addition of any sexually oriented business to any other
existing sexually oriented business.
(4)
The relocation of any sexually oriented business.
NUDITY
The appearance of human bare buttocks, anus, genitals or
full female breast.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
SEMI-NUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areolae of the female breast, as well as
portions of the body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between
persons of the opposite sex; or
(2)
Activities between male and female person and/or persons of
the same sex when one or more of the persons are in a state of nudity
or semi-nude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency or sexual encounter center.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1)
The fondling or other touching of human genitals, pubic region,
buttocks, anus or female breasts.
(2)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy.
(3)
Masturbation, actual or simulated.
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1),
(2) or
(3) of this definition.
SUBSTANTIAL ENLARGEMENT
The increase in floor areas occupied by a sexually oriented
business by more than 25% of the floor area as it exists on the effective
date of this chapter.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
(1)
The sale, lease or sublease of a sexually oriented business.
(2)
The transfer of securities which constitute a controlling interest
in a sexually oriented business, whether by sale, exchange or similar
means.
(3)
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of a sexually oriented business,
except for transfer by bequest or other operation of law upon the
death of the person possessing the ownership or control.