[Added by L.L. No. 7-1998]
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment or place of business where any person engages
in, conducts, operates, carries on or permits to be engaged in, conducted,
operated or carried on live performances which are characterized by
an emphasis on specified anatomical areas or specified sexual activities
or where employees, as part of their employment, regularly expose
to patrons specified anatomical areas. Such definition includes the
following:
Adult arcades where, for any form of consideration, one or more
motion-picture projectors, slide projectors or similar machines, for
viewing by five or fewer persons each are used to show films, motion
pictures, video cassettes, slides or other photographic reproductions,
which are characterized by emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas.
An adult book and/or video store which has as a substantial
(50% of more) portion of its stock-in-trade and offers for sale, for
any consideration, any one or more of the following:
Books, magazines, periodicals, or other printed matter or photographs,
films, motion pictures, video cassettes, slides or other visual representations,
which are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
Adult cabarets, meaning any nightclub, bar (including establishments
which do not serve alcoholic beverages), restaurant, or similar establishment
which regularly feature live performances characterized by exposures
of specified anatomical areas or by specified sexual activities, or
films, motion pictures, video cassettes, slides or photographic reproductions
characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
An adult motion-picture theater, meaning a theater where, for
any form of consideration, films, motion pictures, video cassettes,
slides or other photographic reproductions are regularly shown, and
in which a substantial portion of the total presentation time is devoted
to the showing of material characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas.
An adult theater, meaning a theater, concert hall, auditorium
or similar establishment which, for any form of consideration, regularly
features live performances characterized by the exposure of specified
sexual activities or specified anatomical areas.
Massage parlor where, for any form of consideration, massage,
alcohol rub fomentation, electric or magnetic treatment or manipulation
of the human body is administered, unless by a medical practitioner,
chiropractor, acupuncturist, physical therapist, licensed massage
therapist, or similar professional person licensed by the state. This
definition shall not be deemed to include an athletic club, health
club, school, gymnasium, reducing salon, spa or similar establishment
where massage or similar manipulation of the human body is offered
as an incidental accessory service.
Peep show, meaning a retail establishment which presents live
or filmed performances, view from individual enclosures, for which
a fee is charge, which performances are characterized by an emphasis
on depiction or description of specified sexual activities or specified
anatomical areas.
Adult hotel or motel, meaning a hotel or motel which excludes
minors by reason of age.
For the purposes of the definition of "adult entertainment
business," the term "specified sexual activities" includes:
As used in the definition of "adult entertainment business"
includes:
A.
Adult entertainment establishments may not be located in any zone
except industrial use districts and may not be located, when initially
opened as, or converted to, an adult entertainment establishment,
within 500 feet of any of the following:
(1)
The boundary of any residential zoning district.
(2)
Any property, including the exterior lot, used as a public or private
school, licensed day-care facility, youth center, library, municipal
office, museum or historical site.
(3)
Any church, place of worship or other religious facility or institution.
(4)
Any park, playground or gymnastic center.
(5)
Any other adult entertainment business.
B.
The distance provided herein above shall be measured by following
a straight line, without regard to intervening buildings, from the
nearest point of the property parcel upon which the adult entertainment
business is to be located to the nearest point of the parcel of property
or the land use district boundary line from which the adult entertainment
business is to be separated.
A.
Not more than one adult entertainment business shall be permitted
on any lot.
B.
All building openings, including doorways and windows, shall be located,
covered or screened in such a manner as to prevent a view into any
adult entertainment business from outdoors.
C.
No persons under the age of 18 years shall be permitted into or on
the premises of any adult entertainment business.
