The following definitions shall apply to this chapter:
“Consideration”
means the payment of money or the exchange of any item of value for:
1. 
The right to enter the business premises, or any portion thereof, or
2. 
The right to remain on the business premises, or any portion thereof, or
3. 
The right to purchase any item permitting the right to enter or remain on the business premises, or any portion thereof, or
4. 
The right to a membership permitting the right to enter or remain on the business premises, or any portion thereof.
“Operate and maintain”
means to organize, design, perpetuate, or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.
“Sexual conduct”
shall mean acts of (1) sexual intercourse within its ordinary meaning; (2) any contact between persons involving the sex organs of one person and the mouth or anus of another; (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.
“Sexual encounter establishment”
shall mean an establishment, other than a hotel, motel, or similar establishment, to which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge, or other consideration is required for admittance, offering as one of its business purposes public accommodations, which provides a place where two or more persons may:
1. 
Congregate, associate, or consort in connection with “sexual conduct” or the exposure of “specified anatomical areas”; or
2. 
Congregate, associate, or consort in connection with activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or when any part of a person’s specified anatomical area is less than completely and opaquely covered. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state of Washington engages in sexual therapy.
“Specified anatomical areas”
shall mean and include any of the following:
1. 
Human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolas; or
2. 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(Ord. 27342 § 1, 2005-03-29)
It shall be unlawful for any person to operate or maintain a sexual encounter establishment within the City of Tacoma.
Nothing in this section shall be construed to apply to the nonobscene presentation, showing, or performance of any play, drama, or ballet in any theater, concert hall, fine arts academy, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of sex for the purpose of advancing the economic welfare of a commercial business enterprise.
(Ord. 27342 § 1, 2005-03-29)
Any person, firm, or corporation violating any of the provisions of this chapter is deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, by imprisonment not to exceed 90 days, or by both fine and imprisonment.
(Ord. 27342 § 1, 2005-03-29)
The City Attorney is authorized to abate violations of this chapter as public nuisances, pursuant to Chapter 7.48 of the Revised Code of Washington.
(Ord. 27342 § 1, 2005-03-29)