For the purposes of this chapter, the following terms shall
have the following meanings:
"Adult books"
shall mean books in which a preponderant portion thereof
is characterized by a description of "specified sexual activities"
or "specified anatomical areas."
"Adult book store"
shall mean and include a bookstore which sells adult books
so that a regular and substantial portion of its business is devoted
to providing adult books.
"Bookstore"
shall mean and include a business establishment whose main
purpose is to sell books and whose main stock in trade is books and
magazines.
"Specified anatomical areas"
shall mean and include any of the following:
(a)
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areolae; or
(b)
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
"Specified sexual activities"
shall mean and include any of the following:
(a)
The fondling or touching of human genitals, pubic region, buttocks,
anus or female breasts;
(b)
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
(c)
Masturbation, actual or simulated;
(d)
Excretory functions as part of, or in connection with any of
the activities set forth in subdivisions (a), (b) and (c) of this
subsection.
(Prior code § 6342(a); Ord. 90-269 § 1, 1990)
In addition to the information prescribed by the Director, an
application for an adult bookstore license shall include the following
information:
1. In
the event the applicant is not the owner of record of the real property
upon which the adult bookstore is, or is to be, located the application
must be accompanied by a notarized statement from the owner of the
property acknowledging that an adult bookstore is or will be located
on the property. In addition to furnishing such notarized statement,
the applicant shall furnish the name and address of the owner of record
of the property, as well as a copy of the lease or rental agreement
pertaining to the premises in which the adult bookstore is or will
be located.
(Prior code § 6342(b); Ord. 90-269 § 1, 1990; Ord. 08-800 § 2, 2008)
1. Age Restrictions. An adult bookstore license shall not be
issued to any person under eighteen years of age, or to a corporation,
any of whose officers are under eighteen years of age.
2. Manager Required. All adult bookstores shall employ a person
on the premises to act as manager at all times during which the adult
bookstore is open.
3. Inspection Requirements. The licensee shall not permit any
doors on the licensed premises to be locked during business hours
and, in addition, the licensee shall be responsible for ensuring that
any room or area on the licensed premises shall be readily accessible
at all times and shall be open to view in its entirety for inspection
by any law enforcement officer.
(Prior code § 6342(c); Ord. 90-269 § 1, 1990; Ord. 17-1019 § 5, 2018)