The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to adult businesses. This chapter is enacted with reference to the findings made in section 17.86.010.
(Ord. No. 1000 § 4, 2022)
means a commercial establishment which, as a regular and
substantial part of its business, devotes inventory or product lines
(the term "product line" refers to items which are all identical,
such as numerous copies of the same book or periodical) or display,
shelf, rack, table, stand, or floor area used for the display and
sale of the following:
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Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes, slides, tapes, records, or
other form of visual or audio representation which are characterized
by an emphasis upon the depiction or description of specified sexual
activities or specified anatomical areas; and/or
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Instruments, artificial devices, or paraphernalia which are
designed for use in connection with specified sexual activities.
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means a nightclub, bar, restaurant, or similar establishment
during which a substantial portion of the total presentation time
features live performances which are distinguished or characterized
by an emphasis on specified sexual activities or by exposure of specified
anatomical areas and/or feature films, motion pictures, videocassettes,
slides, or other photographic reproductions which are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas for observation
by patrons.
means an adult entertainment establishment is any place of
business in which one or more of the following activities are conducted:
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Adult motel or hotel. A hotel or motel, or similar commercial
establishment offering public accommodations for any form of consideration
which provides patrons with closed-circuit television transmissions,
films, motion pictures, videocassettes, slides, or other photographic
reproductions, a substantial portion of the total presentation time
of which is distinguished or characterized by an emphasis upon the
depiction or description of "specified sexual activities" or "specified
anatomical areas" for observation by patrons.
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Adult theater. A theater, concert hall, auditorium, or similar
commercial establishment either indoor or outdoor in nature which,
for any form of consideration, regularly features live performances,
a substantial portion of the total presentation time of which is distinguished
or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas" for observation by patrons.
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As used herein, to "establish" an adult entertainment business
shall mean and include any of the following:
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The opening or commencement of operation of any such business
as a new business.
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The conversion of any existing business, whether or not an adult
entertainment business, to any adult entertainment business as described
herein.
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The addition of any adult entertainment business as defined
herein to any existing adult entertainment business if the addition
results in enlargement of the place of business. For purposes of the
paragraph, enlargement shall mean an increase in the size of the building
within which the business is conducted by either construction or use
of an adjacent building or any portion thereof, whether located on
the same or an adjacent lot or parcel of land.
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As used herein, the term "specified anatomical areas" means
and includes any of the following:
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Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breast below a point immediately
above the tops of the areola; or
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Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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As used herein, the term "specified sexual activities" means
and includes any of the following:
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The fondling or other erotic touching, actual or simulated,
of human genitals, pubic region, buttocks, or female breast; or
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Sex acts, actual or simulated, including acts of sexual intercourse,
oral copulation, sodomy, or bestiality; or
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Masturbation, actual or simulated; or
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Excretory functions as part of or in connection with any of
the activities set forth in any of the above.
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means any other business or commercial establishment not
herein defined:
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Wherein for any form of consideration the establishment provides
entertainment to patrons in which a substantial portion of the total
presentation time is characterized by an emphasis on depicting, describing,
or relating to specified sexual activities or specified anatomical
areas; or
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Which devotes more than 50 percent of the total area used for
display of its stock in trade to items, instruments, and paraphernalia
that are describing or relating to specified sexual activities.
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(Ord. No. 1000 § 4, 2022)
