For the purposes of this Chapter and unless the context plainly
requires otherwise, the following definitions are adopted:
ADULT BUSINESS
Any business:
1.
That has as a substantial or significant purpose the sale or
rental of merchandise that is intended for use in connection with
specified sexual activities or that emphasizes matters depicting,
describing or relating to specified sexual activities or specified
anatomical areas; or
2.
That has as one (1) of its regular and substantial business
purposes:
a.
The providing of entertainment where the emphasis is on performances,
live or otherwise, that depict, portray, exhibit or display specified
anatomical areas or specified sexual activities; or
b.
The providing of services that are intended to provide sexual
arousal or excitement or that allow observation of specified sexual
activities or specified anatomical areas ancillary to other pursuits
or allow participation in specified sexual activities ancillary to
other pursuits.
3.
That is "self-designated" as an adult business, whether through
the use of signage or other business activities.
4.
The definition of adult business also includes, but is not limited
to, any and all of the following specific adult businesses:
a.
Businesses that offer merchandise for sale or rent.
(1)
ADULT MEDIA OUTLETA business engaging in the sale or rental of merchandise where a substantial or significant portion of the business is devoted to the sale or rental of adult media. For purposes of this Subsection, it shall be presumed that a substantial or significant portion of a business is devoted to the sale or rental of adult media if any one (1) or more of the following criteria are satisfied:
(a)
Forty percent (40%) or more of the sales (including rentals)
is derived from adult media;
(b)
Forty percent (40%) or more of the number of transactions, measured
over any consecutive ninety-day period, relate to adult media;
(c)
Forty percent (40%) or more of the dollar value of all merchandise
displayed at any time is attributable to adult media;
(d)
Forty percent (40%) or more of the inventory consists of adult
media at any time;
(e)
Forty percent (40%) or more of the merchandise displayed for
sale or rental consists of adult media at any time; or
(f)
Forty percent (40%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) is devoted to adult media at
any time.
The presumption that a substantial or significant portion of
a business is devoted to the sale or rental of adult media, based
upon the above guidelines, shall be rebuttable.
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(2)
ADULT NEWSRACKAny coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(3)
(a)
It displays or offers for sale or rent items from any two (2)
of the following categories: sexually-oriented toys or novelties;
lingerie; clothing that graphically depicts specified anatomical areas;
leather goods designed or marketed for use for sexual bondage or sadomasochistic
practices; and the combination of such items constitutes:
(i)
Ten percent (10%) or more of the sales (including rentals),
measured in dollars over any consecutive ninety-day period; or
(ii)
Ten percent (10%) or more of the number of sales transactions,
measured over any consecutive ninety-day period; or
(iii)
Ten percent (10%) or more of the dollar value of all merchandise
displayed at any time; or
(iv)
Ten percent (10%) or more of all inventory at any time; or
(v)
Ten percent (10%) or more of the merchandise displayed for sale
at any time; or
(vi)
Ten percent (10%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) at any time; or
(b)
Five percent (5%) or more of the sales (including rentals),
measured in dollars over any consecutive ninety-day period, is derived
from sexually-oriented toys or novelties; or
(c)
Five percent (5) or more of the number of sales transactions,
measured over any consecutive ninety-day period, relate to sexually-oriented
toys or novelties; or
(d)
Five percent (5%) or more of the dollar value of all merchandise
displayed at any time is attributable to sexually-oriented toys or
novelties; or
(e)
Five percent (5%) or more of all inventory consists of sexually-oriented
toys or novelties at any time; or
(f)
Five percent (5%) or more of merchandise displayed for sale
consists of sexually-oriented toys or novelties at any time; or
(g)
Five percent (5%) or more of the sales floor area of the business
(not including storerooms, stock areas, bathrooms or any portion of
the business not open to the public) is devoted to sexually-oriented
toys or novelties at any time.
b.
Businesses that provide entertainment.
(1)
ADULT ENTERTAINMENT BUSINESSAny business to which the public, patrons or members are invited or admitted and where providing adult entertainment, as defined, as a regular and substantial portion of its business.
(2)
The definition of "adult entertainment business" also includes,
but is not limited to, any and all of the following specific adult
entertainment businesses as defined:
(a)
ADULT MOTION PICTURE THEATERAn establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to patrons of films, videotapes or motion pictures which are intended to provide sexual arousal or sexual excitement to the patrons and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
(b)
ADULT THEATERAn establishment where a regular and substantial portion of its business is providing the live performance of activities relating to specified sexual activities or exhibition of specified anatomical areas of live performers, for observation by patrons.
(c)
ADULT ENTERTAINMENT CABARETAn establishment where a regular and substantial portion of its business is providing adult entertainment which features strippers, male or female impersonators or live performances or material which depict, portray, exhibit or display specified anatomical areas or specified sexual activities or are intended to arouse or excite the sexual desires of the entertainer, other entertainer or patron.
(e)
ADULT ENCOUNTER PARLORAn establishment where a regular and substantial portion of its business is the provision of premises where patrons congregate, associate or consort with employees, performers and/or other patrons or private contractors who display specified anatomical areas in the presence of such patrons, with the intent of providing sexual arousal or excitement to such patrons.
(f)
BODY PAINTING STUDIOAn establishment where a regular and substantial portion of its business is the application of paint or other substance to or on the human body by any means of application, technique or process when the subject's body displays for the patron's view specified anatomical areas.
c.
Businesses that provide services.
(1)
BATHHOUSEAn enterprise where a regular and substantial portion of its business is offering baths and/or showers with other persons present who are nude or displaying specified anatomical areas.
(2)
ADULT MOTELAn enterprise where a regular and substantial portion of its business is offering public accommodations, containing more than one hundred fifty (150) square feet of gross floor area, for the purpose of viewing motion pictures or viewing publications which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical area by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, CD-ROM, books, magazines or periodical) for observation by patrons therein and which rents room accommodations for less than six (6) hours at a time.
ADULT ENTERTAINMENT
Any exhibition, performance, display or dance of any type
including, but not limited to, talking, singing, reading, listening,
posing, serving food or beverages, soliciting for the sale of food,
beverages or entertainment, pantomiming, modeling, removal of clothing
or any service offered on a premises where such exhibition, performance,
display or dance is intended to arouse or excite the sexual desires
of the entertainer, other entertainers or patrons or if the entertainment
depicts, portrays, exhibits or displays specified anatomical areas
or specified sexual activities.
ADULT MEDIA
Books, magazines, periodicals, other printed matter, pictures,
slides, records, audiotapes, videotapes, compact discs, motion pictures,
films, CD-ROMs or other devices used to record computer images or
other media which are distinguished or characterized by an emphasis
on matters depicting, describing or relating to specified sexual activities
or specified anatomical areas.
ADULT VIDEO VIEWING BOOTH
Any booth, cubicle, stall or compartment which is designed,
constructed or used to hold or seat patrons and is used for presenting
or viewing motion pictures or viewing publications which are distinguished
or characterized by an emphasis on the depiction or description of
specified sexual activities or specified anatomical areas by any photographic,
electronic, magnetic tape, digital or other medium (including, but
not limited to, film, video, magnetic tape, laser disc, CD-ROM, books
magazines or periodicals) for observation by patrons. Adult video
viewing booths are sometimes referred to as peep shows, adult video
arcades, panorams and adult mini-motion picture theaters. An adult
video viewing booth shall not mean a theater, movie house, playhouse
or a room or enclosure or a portion thereof which contains more than
one hundred fifty (150) square feet of gross floor area.
EMPLOYEE
Any and all persons, including managers, entertainers and
independent contractors, who work in or at or render any services
directly related to the operation of an adult business.
ENTERTAINER
Any person who provides adult entertainment within an adult
business, whether or not a fee is charged or accepted for entertainment.
MANAGER
Any person who manages, directs, administers or is in charge
of the affairs and/or conduct of any portion of any activity at any
adult business.
MINOR
Any person less than eighteen (18) years of age.
NUDE OR NUDITY
The appearance of the human bare buttocks, anus, human genitals,
the areola or the nipple of the female breast or a state of dress
which fails to opaquely or fully cover the anus, human genitals or
the areola or nipple of the female breast.
OPERATE
To own, conduct or maintain the affairs of any adult business.
OPERATOR
Any person owning, operating, conducting or maintaining an
adult business.
PATRON
Any person who enters an adult business without regard to
whether a purchase is made from the adult business or compensation
is paid to the adult business or any employee of the adult business
for merchandise, entertainment or service, provided that the term
patron shall not include persons who enter an adult business for the
sole purpose of providing service or merchandise to the adult business
and who do not remain in the adult business after the purpose has
been accomplished including, but not limited to, persons performing
construction, repair or maintenance on the premises or delivering
goods or merchandise to the adult business and any such similar activity.
PERSON
Any individual, partnership, corporation, trust, incorporated
or unincorporated association, joint venture, governmental entity
or other entity or group of persons, however organized.
SERVER
Any person who serves food and drink at an adult entertainment
business.
SEXUALLY-ORIENTED TOYS OR NOVELTIES
Instruments, devices or paraphernalia which either depict
specified anatomical areas or are designed or marketed for use in
connection with specified sexual activities. In determining whether
an item is designed or marketed for use in connection with specified
sexual activities, the following guidelines may be considered:
1.
Expert testimony as to the principal use of the item;
2.
Evidence concerning the total business of a person or business
or a person or business establishment and the type of merchandise
involved in the business;
3.
National and local advertising concerning the use of the item;
4.
Evidence of advertising concerning the nature of the business
establishment;
5.
Instructions, graphics or other material contained on the item
itself or on the packaging materials for the item;
6.
The physical or structural characteristics of the item; or
7.
The manner in which the item is displayed, including its proximity
to other regulated merchandise or signage relating to items in a display
area.
Any person may request an interpretive ruling from the City
as to whether a particular item is considered by the City to be designed
or marketed for use in connection with specified sexual activities.
An application for an interpretative ruling shall be made in writing
on a form provided by the City and shall be accompanied by such other
information as may reasonably be requested under the circumstances
pertaining to the specific item about which a ruling is requested.
The City shall issue a written interpretive ruling within ten (10)
business days following submission of a completed application. The
decision of the City may be appealed to the City Council within fifteen
(15) days following the date of the interpretive ruling by submitting
a written notice of appeal to the City Clerk.
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SPECIFIED ANATOMICAL AREAS
1.
Uncovered or exposed human genitals, pubic region or pubic hair,
buttocks, female breast or breasts below a point immediately above
the top of the areola encircling the nipple or any combination of
the foregoing; or
2.
Human male genitals in a discernibly erect state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Any of the following acts of intended sexual arousal or excitement:
1.
Sexual conduct including, but not limited to, actual or simulated
acts of sexual intercourse, masturbation, oral copulation or sodomy;
2.
Fondling or other intentional touching of a person's clothed
or unclothed genitals, pubic area, buttocks or the breast of a female;
4.
Acts involving animals or latent objects.
It is unlawful for any person to work as an entertainer, server
or manager at an adult business without first obtaining a license
to do so from the City or to work as an entertainer, server or manager
at an adult business after such person's license to do so had been
revoked or suspended.
Every business licensed as an adult business shall post such
license in a conspicuous place and manner on the adult business premises.
All adult businesses shall permit Law Enforcement Officers or
any other City Officials acting in their official capacity, to inspect
the premises as necessary to insure the business is complying with
all applicable regulations and laws.
Following the entry of an order by the City Council suspending
or revoking a license issued pursuant to this Chapter or disapproving
the renewal application for a license, such licensee or applicant
may seek judicial review in a manner provided by law. The City Council
shall stay enforcement of such order for a period of time not to exceed
forty-five (45) days pending the filing and/or final disposition of
proceedings for judicial review.
Upon conviction or a plea of guilty, any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be subject to the penalty provisions provided for in Section
100.220 of the City Code. Each day's violation of or failure, refusal or neglect to comply with any provision of this Chapter shall constitute a separate and distinct offense.
The City Clerk shall have the power to promulgate regulations
as may be necessary and feasible for the carrying out of the duties
of their office and which are not inconsistent with the provisions
of this Chapter.
Neither the adoption of this Chapter nor the repeal or amendment
of any ordinance or part or portion thereof shall in any manner affect
the prosecution or civil enforcement for violations of ordinances,
which violations were committed prior to the effective date hereof,
nor be construed as a waiver of any license, fee or penalty at said
effective date due and unpaid under such ordinances, nor be construed
as affecting any of the provisions of such ordinances relating to
the collection of any such license, fee or penalty or the penal provisions
applicable to any violation thereof.
If any Section, Subsection, subdivision, paragraph, sentence,
clause or phrase in this Chapter or the application thereof to any
circumstances is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions
of this Chapter.