The following terms shall have the following meanings:
ADULT CABARETA nightclub, dance hall, bar, restaurant or similar commercial establishment that regularly features:
A. Persons who appear in a state of nudity or seminudity; or
B. Live performances that are characterized by specified sexual activities; or
C. Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activity or nudity or specified anatomical areas.
ADULT ENTERTAINMENTAny exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance or is distinguished or characterized by an emphasis on specified anatomical areas or any actual or simulated performance of specified sexual activity.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
ADULT ESTABLISHMENTAn adult arcade, adult bookstore, adult cabaret, adult motion-picture theater, adult theater, or adult video store and further means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.
EMPLOYEEA person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not said person is paid a salary, wages or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
ENTERTAINERA. Any person who appears in a sexually oriented business in a state of nudity or seminudity in a sexually oriented performance; or
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. Any person who engages in live performances that are characterized by specified sexual activities or the exposure of specified anatomical areas.
ESTABLISHMENTIncludes any of the following:
A. The opening or commencement of any sexually oriented business as a new business.
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
C. The addition of any sexually oriented business to any other existing sexually oriented business.
D. The relocation of any sexually oriented business.
E. A sexually oriented business or premises on which the sexually oriented business is located.
OPERATORThe person on the premises who is responsible for the control and management of the sexually oriented business.
PERSONAn individual, proprietorship, partnership, corporation, association or other legal entity.
PLACES IN SEXUALLY ORIENTED BUSINESSES THAT ARE PROVIDED OR SET APART FOR NUDITYEnclosed single-sex public restrooms, enclosed single-sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations and similar places in which nudity or exposure of specified anatomical areas is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or where being nude is used as a promotion of business or is otherwise commercially exploited.
PREMISESThe real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the owner or operator of the business.
REGULARLYRecurring on a basis which is frequently, customarily or typically a part of the ongoing scheduled activities of the establishment.
SEMINUDE or SEMINUDITYThe exposure of the nipples or areolas of the female breast less than completely and opaquely covered.
SEXUALLY ORIENTED BUSINESSAn adult bookstore, adult establishment, adult motion-picture theater, adult video store, adult cabaret or a business featuring adult entertainment, adult motion-picture theater, adult theater or other business classified as an adult establishment.
SPECIFIED ANATOMICAL AREASA. The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
B. Less than completely and opaquely covered human genitals, pubic region, anus, anal cleft or cleavage; or
C. Less than completely and opaquely covered nipples or areolas of the human female breast.
SPECIFIED SEXUAL ACTIVITIESIncludes any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts, whether covered or uncovered.
B. Sex acts, actual or simulated, including intercourse, oral copulation, sodomy, masturbation, necrophilia, sadomasochistic abuse, fellatio or cunnilingus.
C. Showing human genitals in a state of sexual stimulation or arousal.
D. Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.