In this article:
Adult arcade.
Any place to which the public is permitted 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 (5)
or fewer persons per machine at any one (1) 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 that 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, 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 or semi-nudity, including
topless dancers, nude dancers or strippers, male or female;
(2)
Live performances that 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 that are 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, videocassettes, slides, or other photographic reproductions
that 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 type of photographic reproduction;
(2)
Offers a sleeping room for rent for a period of time that is
less than ten (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 ten (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 shown that 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 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 sixteen (16) years of age.
Church.
A building in which persons regularly assemble for worship,
intended primarily for purposes connected with faith, or for propagating
a particular form of belief.
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 who or business association that furnishes, offers
to furnish, or advertises to furnish escorts as one of its 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.
Mayor.
The city’s mayor and/or his designated agent.
Nude model studio.
Any place where a person who appears in a state of nudity
or semi-nudity or displays “specified anatomical areas”
is provided to be observed, sketched, drawn, painted, sculpted, 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 a human bare buttock, anus, male genitals,
female genitals, or female breast; or
(2)
A state of dress that fails to opaquely cover a human buttock,
anus, male genitals, female genitals, or areola of the female breast.
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.
Residential district.
A single-family, duplex, townhouse, multiple-family or mobile
home district or area so designated by such uses.
Residential use.
Property used for single-family, duplex, multiple-family,
mobile home park, mobile home subdivision, or campground purposes.
School.
Any public or private learning center, elementary school,
secondary school, junior college, community college, college, university
or other center for post-secondary education.
Semi-nude.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areola of the female breasts, 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-nudity.
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 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.
Any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities that 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
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.
(2001 Code, sec. 114.02)
Sexually oriented businesses are classified as follows:
(2) Adult
bookstores or adult video stores;
(5) Adult
motion picture theaters;
(9) Sexual encounter centers.
(2001 Code, sec. 114.03)
(a) Except as provided by subsection
(b) of this section, any person violating section
4.06.081 of this article, upon conviction, is punishable by a fine not to exceed $4,000.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(b) If the sexually oriented business involved is a nude model studio or sexual encounter center, then violation of section
4.06.041(a) or section
4.06.081 of this article is punishable as a class A misdemeanor.
(c) Except as provided by subsection
(b) of this section, any person violating a provision of this article other than section
4.06.081, upon conviction, is punishable by a fine not to exceed $3,000.00 for each offense, and a separate offense shall be deemed committed upon each day during or on which a violation occurs.
(d) It is a defense to prosecution under section
4.06.041(a) or section
4.06.081 of this article that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary artistic, political, or scientific value.
(2001 Code, sec. 114.21; Ordinance
adopting Code)
A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of section
4.06.081 of this article is subject to a suit for injunction as well as prosecution for criminal violations.
(2001 Code, sec. 114.22)