In this article:
Adult arcade.Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically 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, videocassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
Adult cabaret.A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “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 hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, film, 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 has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
(2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
Adult motion picture theater.A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown and are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
Adult theater.A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
Applicant.A person who must apply for a license by this article.
Chief law enforcement officer.The chief of police of the city or his designate; however, if such position does not exist or is vacant without an acting chief, it shall mean and include the county sheriff or his deputies.
Child care facility.A building used as a day nursery, children’s boarding home, child placing agency or other place for care or custody of children under fifteen years of age.
Church or place of religious worship.A building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
Code enforcement officer.The city code enforcement officer or his designated agent; however, if no code enforcement position exists or if the position is vacant, it shall mean the chief of police.
Escort.A person who, for consideration, agrees or offers to act as 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 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.Includes 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;
(4) The relocation of any sexually oriented business; or
(5) A location and place of business.
Licensee.A person in whose name a license to operate a sexually oriented business has been issued, as well as the applicant on the application for a license on a person licensed under this article.
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 or any form of consideration.
Nudity or a state of nudity.(1) The appearance of human bare buttock, anus, male genitals, female genitals, pubic region or breasts; or
(2) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, pubic region or areola of the breast.
Person.An individual, proprietorship, partnership, corporation, association, or other legal entity.
Public park.A tract of land maintained by the federal, state, or local government for the recreation and enjoyment of the general public.
Residential district.A single-family, duplex, townhouse, multiple-family or mobile home zoning district as defined in the city zoning ordinance.
Residential use.A single-family, duplex, multiple-family, or “mobile home park, mobile home subdivision, and campground” use as defined in the city zoning ordinance.
Seminude.A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the 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 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.Includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or breasts;
(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.
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; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.
(Ordinance 1992-13, sec. I (1A-2), adopted 11/23/92)