Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 of specified sexual activities or specified anatomical
areas.
ADULT BOOKSTORE, ADULT NOVELTY SHOP OR ADULT VIDEO STORE
(1)
A commercial establishment which has as a significant or substantial
portion of its stock-in-trade or derives a significant or substantial
portion of its revenues or devotes a significant or substantial portion
of its interior business or advertising to the sale or rental for
any form of consideration of any one or more of the following:
(a)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, slides or other visual representations
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas;
(b)
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities or marketed primarily
for stimulation of human genital organs or for sadomasochistic use
or abuse of themselves or others;
(2)
An establishment may have other principal business purposes
that do not involve the offering for sale, rental or viewing of materials
depicting or describing specified sexual activities or specified anatomical
areas, and still be categorized as adult bookstore, adult novelty
store or adult video store. Such other business purposes will not
serve to exempt such establishments from being categorized as an adult
bookstore, adult novelty store or adult video store as long as one
of its principal business purposes is offering for sale or rental,
for some form of consideration, the specified materials which depict
or describe specified anatomical areas or specified sexual activities.
ADULT CABARET
A nightclub, bar, restaurant, "bottle club" or similar commercial
establishment, without regard to whether or not alcoholic beverages,
beer or wine are served or consumed therein, which regularly features:
(1)
Persons who appear nude or nearly nude;
(2)
Live performances which are characterized by the exposure of
specified anatomical areas or specified sexual activities; or
(3)
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT MOTEL
A motel, hotel or similar commercial establishment which:
(1)
Offers public accommodations, for any form of consideration,
which provide patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas and which
advertises the availability of this sexually oriented type of material
by means of a sign visible from the public right-of-way, or by means
of any off-premises advertising, including, but not limited to, newspapers,
magazines, pamphlets or leaflets, radio or television; or
(2)
Offers a sleeping room for rent for a period of time less than
10 hours; or
(3)
Allows a tenant or occupant to subrent the sleeping room for
a period of time less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where films, motion pictures,
videocassettes, slides or similar photographic reproductions which
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas are regularly shown for any
form of consideration.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial
establishment which, for any form of consideration, regularly features
persons who appear in a state of nudity or live performances which
are characterized by exposure of specified anatomical areas or by
specified sexual activities.
EMPLOYEE
A person who works or performs in and/or for a sexually oriented
business, regardless of whether or not said person is paid a salary,
wage or other compensation by the operator of said business.
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 strip
tease for another person.
ESCORT AGENCY
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
ESTABLISHMENT
Includes any of the following:
(1)
The opening or commencement of any such business as a new business;
(2)
The conversion of an existing business, whether or not a sexually
oriented business, to any of the sexually oriented businesses defined
in this section;
(3)
The addition of any sexually oriented business to any other
existing sexually oriented business; or
(4)
The relocation of any such sexually oriented business.
NEARLY NUDE
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting belts, straps, strips of
cloth or like devices, or a state of dress which leaves exposed a
substantial portion of the buttocks so that the effect achieved by
such appearance is approximately the same as viewing nudity.
NUDE MODEL STUDIO
Any place where a person who appears nude or nearly nude
or displays specified anatomical areas is observed, sketched, drawn,
painted, sculptured, photographed or similarly depicted by others
who pay money or any form of consideration.
NUDE, NUDITY or STATE OF NUDITY
(1)
The appearance of human bare buttock, anus, male genitals, female
genitals or the areola or nipple of the female breast; or
(2)
A state of dress which fails to opaquely and fully cover a human's
buttocks, anus, male or female genitals, pubic region, areola or nipple
of the female breast.
OPERATOR
The owner, permit holder, custodian, manager, operator or
person in charge of any permitted or licensed premises.
PERMITTEE AND/OR LICENSEE
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PUBLIC BUILDING
Any building owned, leased or held by the United States,
the state, the county, the City, any special purpose district, school
district or any other agency or political subdivision of the state
or United States, which building is used for governmental or other
public purposes.
PUBLIC PARK OR RECREATION AREA
Any public premises which have been designated for park or
recreational activities within the City which are under control, operation
or management of the City park and recreation authorities, or the
equivalent state, county or recreation district authorities.
RELIGIOUS INSTITUTION
Any church, synagogue, mosque, temple or building which is
used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT
A geographical area recognized under the City's Zoning Ordinance
as Residential 25, Residential 15, Residential 10, General Residential
or Multifamily Residential. It does not include the Office Commercial,
Highway Commercial, Core Commercial or Light Industrial Districts.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
RESIDENTIAL USE
The lawful utilization of any structure as a dwelling unit
for single-family or multifamily occupation.
SCHOOL
Any public or private educational facility including but
not limited to child day-care center or facilities, nursery schools,
preschools, kindergartens, elementary schools, primary schools, intermediate
schools, high schools or vocational schools. "School" includes the
school grounds.
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)
Other activities between persons of the opposite sex or persons
of the same sex, or both, when one or more of the persons are likely
to be touching, fondling or caressing other persons on the genitals,
pubic area, buttocks or female breast in a manner that would simulate
sexual arousal.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty shop, adult
video store, adult cabaret, adult motel, adult motion-picture theater,
adult theater, sexual encounter center, nude model studio, escort
or escort agency.
SPECIFIED ANATOMICAL AREAS
Includes any of the following:
(1)
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breast below a point immediately
above the top of the areola; or
(2)
Human genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
(1)
The fondling or other intentional touching of human genitals,
pubic region, buttocks, anus or female breast, regardless of whether
such areas of the body are covered or not;
(2)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Human genitals in a state of sexual stimulation, arousal or
tumescence;
(5)
Excretory functions as part of or in connection with any activities set forth in Subsections
(1) through
(4) of this definition.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
Includes any of the following:
(1)
The sale, lease or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means;
(3)
The establishment of a trust, gift or other similar legal device
which transfers ownership or control of the business, except for transfer
by bequest or other operation of law upon the death of a person possessing
the ownership or control.
YOUTH ACTIVITY CENTER
A boys' club, girls' club or any other facility which is
not a school but provides entertainment, recreation, crafts, tutorials
or other quality of life enhancements for minors, whether a nonprofit
facility or otherwise.