As used in this chapter, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
A. 
"Adult entertainment"
means:
1. 
Any live exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2. 
Any live exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
a. 
Human genitals in a state of sexual stimulation or arousal;
b. 
Acts of human masturbation, sexual intercourse or sodomy; or
c. 
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
3. 
Any live exhibition, performance or dance intended to sexually stimulate any patron and conducted in a premises where such exhibition, performance or dance is performed for, arranged with or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
4. 
Any "panoram premises",
which means a business or commercial establishment where on the premises or a portion of the premises, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography, panoram, peep show, or similar machines or other image producing machines, are used to show films, motion pictures, video cassettes, slides or other photographic reproductions for individual viewing by the public on the premises of the business, with the viewed materials being characterized by the depiction or description of nudity or of specified sexual activities as defined above at subsection (A)(2), and/or where on the premises there is individual viewing by use of a panoram device of live adult entertainment.
5. 
Any "adult motion picture theater",
which means a motion picture theater business or commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions characterized by the depiction or description of nudity or of specified sexual activities as defined above at subsection (A)(2) are regularly shown.
6. 
This definition of "adult entertainment" is intended to provide regulatory detail to the general zoning definition set forth in SMC § 18.04.0065.
B. 
"Adult entertainment establishment"
means any commercial premises to which any patron is invited or admitted and where adult entertainment as defined above at subsection A is provided on a regular basis and as a substantial part of the premises activity. It shall be a rebuttable presumption that 20 percent of a business' stock-in-trade or revenues is considered substantial.
C. 
"Applicant"
means the individual or entity seeking an adult entertainment license in the city of Sumner.
D. 
"Applicant control persons"
means all partners, corporate officers and directors and any other individuals in the applicant's business organization who hold a significant interest in the adult entertainment establishment, based on responsibility for management of the adult entertainment business.
E. 
"Employee"
means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment.
F. 
"Entertainer"
means any person who provides live adult entertainment whether or not a fee is charged or accepted for such entertainment.
G. 
"Manager"
means any person who manages, directs, administers, or is in charge of the affairs and/or the conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment.
H. 
"Operator"
means any person operating, conducting or maintaining an adult entertainment establishment.
I. 
"Panoram" or "peep show"
means any device which, upon insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or by any other means, including observation of live performances. This definition is intended to provide regulatory details to the general zoning definition set forth in SMC § 18.04.0075.
J. 
"Panoram premises"
means any premises or portion of a premises on which a panoram is located and which is open to the public, including through membership. This definition is intended to provide regulatory detail to the general zoning definition set forth in SMC § 18.04.0075.
K. 
"Person"
means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized.
L. 
"Sexual conduct"
means acts of:
1. 
Sexual intercourse within its ordinary meaning; or
2. 
Any contact between persons involving the sex organs of one person and the mouth or anus of another; or
3. 
Masturbation, manual or instrumental, of oneself or of one person by another; or
4. 
Touching of the sex organs or anus, of oneself or of one person by another.
(Ord. 1767 § 1 (part), 1996)
A. 
This chapter shall not be construed to prohibit:
1. 
Plays, operas, musicals or other dramatic works which are not obscene;
2. 
Classes, seminars and lectures held for serious scientific or educational purposes; or
3. 
Exhibitions or dances which are not obscene.
B. 
Whether or not activity is obscene shall be judged by consideration of the following factors:
1. 
Whether the average person, applying contemporary community standards, would find that the activity taken as a whole appeals to a prurient interest in sex.
2. 
Whether the activity depicts or describes in a patently offensive way, as measured against community standards, sexual conduct as described in RCW 7.48A.010(2) (b).
3. 
Whether the activity taken as a whole lacks serious literary, artistic, political or scientific value.
(Ord. 1767 § 1 (part), 1996)