Specific terms. As used in this section, the following terms shall
have the meanings indicated.
ADULT BOOKSTORE
An establishment or business, whether retail or wholesale,
having as a substantial or significant portion of its stock-in-trade
books, magazines and other periodicals, films, photographs, motion
pictures, videocassettes, slides or other visual representations,
apparatus and any other viewing materials for sale or viewing on premises,
which are distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
ADULT ESTABLISHMENT CABARET
A public or private establishment which serves food and/or
beverages, which regularly features live performances characterized
by an emphasis on specified anatomical areas or specified sexual activities
or features topless or nude dances or strippers.
ADULT MATERIALS
Includes, but is not limited to, any literature, books, magazines,
pamphlets, newspapers, papers, comic books, drawings, articles, computer
or other images, motion pictures, films, photographs, DVDs, videocassettes,
slides or other visual representations, mechanical devices, instruments,
clothing or any other writings, materials or accessories which are
distinguished or characterized by their emphasis on matter depicted,
described or related to specified sexual acts or specified anatomical
areas as defined herein, or an establishment with a segment or section
exclusively devoted to the sale, lease, gift, trade, or display of
such materials.
ADULT-ORIENTED BUSINESS
Use of a building, structure or property for a business that
had adult materials in a section or segment devoted to such materials
or as a substantial or significant portion of its stock-in-trade for
the purpose of sale, rental, lease, trade, gift or display of such
adult materials. For the purposes of this section, "adult-oriented
businesses" shall also mean and include any nightclub, bar, tavern,
restaurant, eating and drinking establishment, arcade, theater, video
store, motel, hotel, or any other establishment that regularly features,
for economic gain or other consideration, entertainment in any form
which is characterized by nudity or the depiction or display of sexual
activities or adult materials.
ADULT THEATER
A public or private establishment regularly featuring one
or more of the following: films, motion pictures, videocassettes,
DVDs, slides or similar photographic reproductions characterized by
an emphasis on the depiction or description of specified sexual activities
or specified anatomical areas. An "adult theater" shall include commercial
establishments where such materials or performances are viewed from
individual enclosures.
ADULT USE
Any establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas, including but not limited to adult bookstores,
adult theaters and adult establishment cabarets.
BUSINESS
Any commercial enterprise, association or arrangement for
profit.
DISSEMINATION
The transfer of possession, custody, control or ownership
of or the exhibition or presentation of any performance to a customer,
member of the public or business invitee of any material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
PERSON
Any person, firm, partnership, corporation, association or
legal representative, acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
(a)
Less than the completely and opaquely covered human genitals,
pubic region or female breast below a point immediately above the
top of the areola.
(b)
Human male genitals in a discernibly turgid state even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(a)
Human genitals in state of sexual stimulation or arousal.
(b)
Acts of human masturbation, sexual intercourse or sodomy.
(c)
Fondling or other erotic touching of human genitals, pubic region,
buttock or female breast.
SUBSTANTIAL CONNECTION
(a)
In a sole proprietorship, an individual who owns, operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place.
(b)
In a partnership, limited or general, an individual who shares
in any potential profits or losses of the business or who operates,
controls or conducts, directly or indirectly, any premises, building
or location upon which any adult use takes place or who shares in
the ownership of any of the assets of the partnership business. In
a corporation, an individual who is an officer, director or a holder,
either directly, indirectly or beneficially or owns more than 20%
of any class of stock or who operates, controls, or conducts, directly
or indirectly, any premises, building or location upon which any adult
use takes place.
(c)
Any person who furnishes more than 20% of the capital financing
or assets of such business, whether in cash, goods or services.
SUBSTANTIAL OR SIGNIFICANT PORTION
Includes a place with only a portion or section or its area
set aside for the display or sale to adults of material defined above
in this section, except that any place otherwise included within this
section that can prove that not more than 10% of its square footage
is devoted to the display of or sale of materials listed in the foregoing
definitions shall be exempt from the provisions of this section so
long as such material is kept out of the reach and visibility of minors.