Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the meanings indicated in this section:
Adult arcade.Any commercial establishment to which the public is permitted or invited where, by deposit of money, coin, tokens, or credit an electronically, electrically or mechanically controlled still or motion picture machine, projector or other image-producing device shows images to five (5) 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 to which the public is permitted or invited which, as its principal business purpose, 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, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia designed for use in connection with specified sexual activities (but not including items used for birth control or for the prevention of sexually transmitted diseases).
Adult cabaret.A nightclub, bar, restaurant or similar commercial establishment that regularly has:
(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, video cassettes, slides, or other photographic reproductions, closed-circuit television transmissions, cable television transmissions, satellite television transmissions, subscriber programming, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method, 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 that:
(1) Offers accommodations to the public for any form of consideration; provides customers with closed-circuit television transmissions, cable television transmissions, satellite television transmissions, subscriber programming, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method, films, motion pictures, video cassettes, 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 a public right-of-way that advertises the availability of this type of material;
(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.
Evidence that a sleeping room in a hotel, motel or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the business is an adult motel. |
Adult motion picture theater.A commercial establishment to which the public is permitted or invited where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, cable, satellite transmission or other method, are regularly shown which 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 to which the public is permitted or invited that 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 or persons listed as such on an application for a permit as a sexually oriented business.
Building Official.The Building Official and such employees of the Building Inspection Department as the Building Official may designate to perform the duties of the Building Official under this article.
Conduct any business in a sexually oriented business.Any person who does any one or more of the following shall be deemed to be conducting business in a sexually oriented business:
(1) Operates a cash register, cash drawer or other depository on the premises of the sexually oriented business where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the sexually oriented business or the activities of the premises of the sexually oriented business;
(2) Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the premises of the sexually oriented business;
(3) Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the sexually oriented business;
(4) Acts as a door attendant to regulate entry of customers or other persons into the premises of the sexually oriented business; or
(5) Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the sexually oriented business.
Customer.Any person who:
(1) Is allowed to enter a sexually oriented business or any portion of a sexually oriented business in return for the payment of an admission fee, membership fee or any other form of consideration or gratuity;
(2) Enters a sexually oriented business or any portion of a sexually oriented business and purchases, rents or otherwise uses or partakes of any merchandise, goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business operating as a private or membership club or a sexually oriented business that reserves any portion of the premises of the sexually oriented business as a private or membership club.
Employee.Any person who renders any service whatsoever to the customers of a sexually oriented business, works in or about a sexually oriented business or who conducts any business in a sexually oriented business and who receives or has the expectation of receiving any compensation from the operator, or customers of the sexually oriented business. By way of example, rather than limitation, the term includes the operator and other management personnel, clerks, dancers, models and other entertainers, food and beverage preparation and service personnel, door persons, bouncers, and cashiers. It is expressly intended that this definition cover not only conventional employer-employee relationships but also independent contractor relationships, agency relationships, and any other scheme or system whereby the “employee” has an expectation of receiving compensation, tips, or other benefits from the sexually oriented business or its customers in exchange for services performed.
Entertainer.Any employee of a sexually oriented business who performs or engages in entertainment.
Entertainment.Any act or performance, such as a play, skit, reading, revue, fashion show, modeling performance, pantomime, role playing, encounter session, scene, song, dance, musical rendition or striptease that involves the display or exposure of specified sexual activities or specified anatomical areas. The term “entertainment” shall include any employee or entertainer exposing any specified anatomical areas or engaging in any specified sexual activities whatever in the presence of customers.
Escort.A person who, for consideration, agrees or offers to act as a companion 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 who or which furnishes, offers to furnish or advertises to furnish escorts as its principal business purpose, for a fee, tip or other consideration.
Licensed day-care center.A facility licensed by the state, whether situated within the City or not, that provides care, training, education, custody treatment or supervision for more than six (6) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, for less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
Manager.Any person who supervises, directs or manages any employee of a sexually oriented business or any other person who conducts any business in a sexually oriented business with respect to any activity conducted on the premises of the sexually oriented business, including any “on-site manager.”
Nude model business.Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. Nude model business shall not include those activities excepted from the definition of sexually oriented business.
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 which fails to opaquely cover a human buttock, anus, male genitals, female genitals or female breast from below a point immediately above the top of the areola.
On-site manager.A person charged by an owner or operator of a sexually oriented business with the responsibility for direct supervision of the operation of the sexually oriented business and with monitoring and observing all areas of the sexually oriented business to which customers are admitted at all times during which the sexually oriented business is open for business or customers are on the premises of the sexually oriented business.
Operator.The manager or other natural person principally in charge of a sexually oriented business.
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, permittee or manager of the establishment.
Owner or owners.The proprietor if a sole proprietorship, all general partners if a partnership, or the corporation if a corporation.
Permit.A current, valid permit issued by the Building Official pursuant to the terms of this article.
Place of worship.A building, whether situated within the City or not, in which persons regularly assemble for religious worship and which building is intended primarily for purposes connected with worship or for propagating a particular form of religious belief.
Premises.The grounds and all building, vehicles, and appurtenances pertaining to the grounds, including any adjacent premises if they are directly or indirectly under the control of the same person.
Regularly.Featuring, promoting, permitting to occur or advertising a happening or occurrence on a recurring basis.
Residential use.A single-family, townhouse, duplex, mobile home or multiple family use as defined in the zoning ordinance.
School.A building, whether situated within the City or not, where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term is limited to:
(1) Public and private schools used for primary or secondary education, in which any regular kindergarten or grades one through twelve classes are taught; and
(2) Charter schools and special educational facilities in which students receive specialized education in lieu of attending regular classes in kindergarten or any of grades one through twelve.
Sign.Any display, design, pictorial, or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of a sexually oriented business and that is used to seek the attraction of the public to any goods, services or merchandise available at the sexually oriented business. The term “sign” shall also include representations painted on or otherwise affixed to any exterior portion of a sexually oriented business as well as representations painted on or otherwise affixed to any part of the premises upon which the sexually oriented business is situated.
Separate area.Any portion of the interior of a sexually oriented business separated from any other portion of a sexually oriented business by any wall, partition or other divider.
Sexual encounter center.A commercial establishment to which the public is permitted or invited, which as its principal business purpose, offers for any form of consideration:
(1) Physical contact in the form of specified sexual activities between persons of the same or opposite sex; or
(2) Activities between male and female persons or persons of the same sex when one (1) or more of the persons is in a state of nudity.
Sexually oriented business.(1) An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult theater, adult motion picture theater, escort agency, nude model business or sexual encounter center; or
(2) Any establishment the principal business of which is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; or whose employees or customers appear in a state of nudity.
(3) The term “sexually oriented business” shall not be construed to include:
(a) Any business operated by or employing a licensed psychologist, licensed physical therapist, licensed masseuse, licensed vocational nurse, registered nurse, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing functions authorized under the license held;
(b) Any business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts;
(c) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and does not exhibit merchandise on live models; or
(d) An activity conducted or sponsored:
(i) By a proprietary school licensed by the state or a college, junior college or university supported entirely or partly by taxation; or
(ii) By a private college or university that maintains or operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation;
(iii) Which has no sign or other advertising visible from the exterior of the structure indicating a nude person is available for viewing;
(iv) Where in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
(v) Where no more than one (1) nude model is on the premises at any one time.
Specified anatomical areas.(1) Less than completely and opaquely covered:
(a) Human genitals, pubic region or pubic hair;
(c) Female breast or breasts or any portion thereof that is situated below a point immediately above the top of the areola; or
(d) Any combination of the foregoing; or
(2) Human male genitals in a discernibly erect state, even if completely and opaquely covered.
Specified sexual activities.(1) Human genitals in a discernible state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or
(4) Any combination of the foregoing.
Zoning ordinance.:The comprehensive zoning ordinance, Ordinance 4647, as amended, of the City.
(Ordinance 4480, sec. 1, adopted 2/5/91; Ordinance 4448, sec. 1, adopted 9/18/90; Ordinance 5799, sec. 1, adopted 1/20/04)