(a)
For purposes of this article, the word “he” shall be
defined to include the word “she.”
(b)
Adult arcade.
Adult bookstore or adult video store.
(1)
(2)
Adult cabaret.
(1)
(2)
(3)
Adult entertainment establishment.
(1)
(2)
(3)
(A)
(B)
(C)
(D)
(E)
Adult motel.
(1)
(2)
(3)
(4)
Adult motion-picture theater.
Adult theater.
Church.
Customer.
(1)
(2)
(3)
Employee.
Escort.
Escort agency.
Licensed day-care center.
Licensee.
Nude model business.
Nudity or a state of nudity.
(1)
(2)
(3)
Operates or causes to be operated.
Person.
Principal.
Regularly.
Residential district.
Residential use.
Sexual encounter center.
Specified anatomical areas.
Specified sexual activities.
(1)
(2)
(3)
(4)
Unless otherwise expressly stated, the following terms shall, for
the purposes of this article, have the meanings indicated in this
section.
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.”
A commercial establishment which as its principal business
purpose offers for sale or rental for any form of consideration any
one or more of the following:
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
Instruments, devices, or paraphernalia which are designed for
use in connection with “specified sexual activities.”
This does not include items used for birth control or for prevention
of sexually transmitted diseases.
A nightclub, bar, restaurant, 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”; or
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.”
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; and/or
Any establishment whose principal business 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.
The term “adult entertainment” shall not be construed
to include:
Any business operated by or employing licensed psychologists,
licensed physical therapists, registered nurses, licensed athletic
trainers; or
Any business operated by or employing licensed physicians or
licensed chiropractors engaged in practicing the healing arts; or
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
Any activity conducted or sponsored by any state independent
school district, licensed or accredited private school or public or
private college or university; or
Any business operated by or employing professionals licensed
by the state in the healing arts, mental health-care fields, physical
therapy fields, or other health-care fields determined by the state
to require licensing in order to operate or conduct business.
A hotel, motel or similar commercial establishment which:
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
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;
or
Offers a sleeping room for rent for a period of time that is
less than ten (10) hours; or
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.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides, or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of “specified sexual activities” or “specified
anatomical areas.”
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.”
A building, whether situated within the town or not, in which
persons regularly assemble for religious worship intended primarily
for purposes connected with such worship or for propagating a particular
form of religious belief.
Any person who:
Is allowed to enter an adult entertainment establishment in
return for the payment of an admission fee or any other form of consideration
or gratuity; or
Enters an adult entertainment establishment and purchases, rents
or otherwise partakes of any merchandise, goods, entertainment or
other services offered therein; or
Is a member of and on the premises of an adult entertainment
establishment operating as a private club.
Any person who renders any service whatsoever to the customers
of an adult entertainment establishment or who works in or about an
adult entertainment establishment and who receives compensation for
such service or work from the operator or owner of the adult entertainment
establishment or from the customers therein.
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.
A person or business association who furnishes, offers to
furnish, or advertises to furnish escorts as its principal business
purpose, for a fee, tip, or other consideration.
A facility licensed by the state, whether situated within
the town 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.
A person in whose name a license to operate an adult entertainment
establishment has been issued, as well as any and all individuals
listed as applicants on the application for a license.
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.
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breast; or
A state of dress which fails to opaquely cover a human buttock,
anus, male genitals, female genitals, or areola of the female breast;
or
A state of dress that is intended to create a simulation of
a human bare buttock, anus, male genitals, female genitals, female
breast, or areola of the female breast.
To cause to function or to put or keep in operation. A person
may be found to be operating or causing to be operated an adult entertainment
establishment whether or not that person is an owner, part owner,
licensee or manager of the establishment.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
Over fifty percent (50%) of customers, volume of sales, stock
in trade, display areas or presentation time in any three-month increment
period beginning from the date of issuance of a certificate of occupancy.
Stock in trade shall be measured with all titles or objects available
on the premises for sale or rental including those that are identical,
considered a separate title or object.
Featuring, promoting or advertising a happening or occurrence
on a recurring basis.
A residentially zoned district as defined by the zoning ordinance
of the town.
A single-family, townhouse, duplex mobile home or multiple-family
use as defined in the zoning ordinance of the town.
A business or commercial enterprise that, as its principal
business purpose, offers for any form of consideration:
Human genitals in a state of sexual arousal.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, pubic hair, perineum, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, sodomy or bestiality;
Masturbation, actual or simulated; or
Excretory functions.
(Ordinance 17-804 adopted 5/8/17)
