For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
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 or adult video store.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, films, motion pictures, video cassettes or video reproductions, any material in digital format (including, yet not limited to, compact discs (CDs) or digital video discs (DVDs)), slides or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.
Adult cabaret.A nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, any material in digital format (including, yet not limited to, compact discs (CDs), or digital video discs (DVDs)), slides or other photographic reproductions that are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult motel.A hotel, motel or similar commercial establishment that:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, any material in digital format (including, yet not limited to, compact discs (CDs) or digital video discs (DVDs)), slides or other photographic reproductions that are characterized by the depiction of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way that advertises the availability of this adult type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten hours;
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
Adult motion picture theater.A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, any material in digital format (including, yet not limited to, compact discs (CDs) or digital video discs (DVDs)), slides or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or by specified anatomical areas.
Adult theater.A theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of nudity or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
Child-care facility.A building used as a day nursery, children's boarding home, child-placement agency, or religious or charitable encampment for children, or any other place for the care or custody of children under 16 years of age.
Church.A building in which persons regularly assemble for religious worship, intended primarily for purposes connected with such worship or faith, or for propagating a particular form of religious belief.
Employee.An individual who:
(1) Is listed as a part-time, full-time, temporary or permanent employee on the payroll of an applicant, licensee or sexually oriented business; or
(2) Performs or provides entertainment in the sexually oriented business for any form of compensation or consideration.
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 that 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; or
(4) The relocation of any sexually oriented business.
Licensee.A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio.Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money in [or] any form of consideration.
Nudity or state of nudity.Any of the following:
(1) The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
(2) A state of dress that fails to completely and opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast or breasts that is situated below a point immediately above the top of the areola.
Operates or causes to be operated.To cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
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 areola 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 persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is 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, nude model studio or sexual encounter center.
Specified sexual activities.Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections
(1) through
(3) above.
Substantial enlargement.Pertaining to a sexually oriented business means the increase in floor area occupied by the business by more than 20%, as the floor area exists on the effective date of this article.
Transfer of ownership or control.Pertaining to a sexually oriented business means and includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities that constitutes a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ordinance O-05-04 adopted 5/11/2004; 1997 Code, sec. 114.02)