Definitions. For the purpose of this section, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:
"Director"shall mean the Director of the Community Development Department of the City.
"Entertainer"shall mean a person who, for any form of consideration, performs at a sexually oriented business. Such persons shall constitute "entertainers" regardless of their legal relationship (e.g., employee, owner or independent contractor) with the sexually oriented business.
"Lingerie modeling studio"shall mean an establishment where, for any form of consideration, lingerie is modeled by a person or persons for viewing by persons paying such consideration.
"Modeling studio"shall mean an establishment which provides, for any form of consideration, seminude figure models or figure models who expose specified anatomical areas for the purpose of observation, sketching, photography, painting, sculpting or other depiction by persons paying such consideration. This definition shall not include the following: (1) schools maintained pursuant to standards set by the State Board of Education; and (2) schools maintained by an individual artist or group of artists, and which do not provide, permit, or make available specified sexual activities.
"Owner"shall mean the following: (1) the sole proprietor of asexually oriented business; (2) any general partner of a partnership which owns and operates a sexually oriented business; (3) the owner of a controlling interest in a corporation which owns and operates a sexually oriented business; and (4) the person designated by the officers of a corporation to be the permit holder for a sexually oriented business owned and operated by the corporation.
"Perform at a sexually oriented business"shall mean to engage in or participate in any live performance at a sexually oriented business that either: (1) is characterized by an emphasis upon specified sexual activities; or (2) features any semi-nude person.
"Permittee"shall mean the following: (1) for the purpose of Section
17.02.170, any person who has been issued a sexually oriented business permit; (2) for the purpose of 17.02.160 of this article, any person who has been issued a sexually oriented business entertainer permit; and (3) for the purpose of Sections
17.02.160(H) and
(I) and
17.02.170(N)—
(V), any person who has been issued a sexually oriented business permit or a sexually oriented business entertainer permit.
"Person"shall mean an individual, partnership, copartnership, firm, association, joint stock company, corporation, other legal entity, or combination of the above in whatever form or character.
"Regular and substantial course of conduct and regular and substantial portion of business"shall mean that any of the following conditions exist:
1. At least 20% of the stock-in-trade is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
2. At least 20% of the total display area is devoted to sexually oriented material, sexually oriented merchandise, or both; provided, however, that this criteria shall not apply to mail order businesses or wholesale businesses with no patrons on the premises.
3. The business presents any type of entertainment, live or otherwise, characterized by an emphasis on specified sexual activities or featuring any semi-nude person on any four or more separate days within any 30 day period.
4. At least 20% of the gross receipts of the business are derived from the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
5. At least 800 square feet of the floor area of the business is devoted to the sale, trade, rental, display or presentation of services, products, materials or entertainment which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
"Semi-nude"shall mean a state of dress in which clothing covers no more than the genitals, pubic region, and areola and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
"Sexual encounter center"shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct provides a place where two or more persons may congregate, associate or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include: (1) a hotel, motel or similar establishment offering public accommodations; or (2) an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in sexual therapy.
"Sexually oriented arcade"shall mean an establishment where, for any form of consideration, as a regular and substantial course of conduct one or more still or motion picture projectors, or similar machines, for viewing by five or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
"Sexually oriented business"means an establishment which, for any form of consideration, as a regular and substantial course of conduct performs or operates as any of the following: lingerie modeling studio; modeling studio; sexually oriented cabaret; sexually oriented hotel/hotel; sexually oriented motion picture theater; sexually oriented novelty store; sexually oriented tanning salon; sexually oriented theater; and sexually oriented video store. Sexually oriented business also means any establishment which, for any form of consideration, as a regular and substantial portion of business offers to its patrons products, merchandise, services or entertainment that are distinguished or characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
"Sexually oriented cabaret"shall mean an establishment which serves food or beverages and which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (1) are characterized by specified sexual activities; or (2) feature any seminude person.
"Sexually oriented hotel/motel"shall mean a hotel, motel or similar establishment offering public accommodations for any form of consideration which either:
1. (a) Provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic or electronic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas; and (b) advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to newspapers, magazines. pamphlets, leaflets, radio or television,
2. Rents, leases or lets any single guest room for less than any 10 hour period.
3. Rents, leases or lets any single guest room more than twice in any 24 hour period;
4. Allows a tenant or occupant to sub-rent a guest room for a time period less than 10 hours.
"Sexually oriented material"shall mean any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation, which is characterized by an emphasis on specified sexual activities or the exposure of specified anatomical areas.
"Sexually oriented merchandise"shall mean sexually oriented implements or paraphernalia, such as, but not limited to: dildos; auto sucks; sexually oriented vibrators; edible underwear; benwa balls; inflatable orifices; anatomical balloons with orifices; simulated vaginas; and similar sexually oriented devices that are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity. This definition shall not include birth control devices.
"Sexually oriented motion picture theater"shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct offers to show films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by an emphasis upon specified sexual activities or the exposure of specified anatomical areas.
"Sexually oriented tanning salon"shall mean an establishment where either: (1) patrons receive tanning services in groups of two or more; (2) any patron exposes specified anatomical areas; or (3) any employee exposes specified anatomical areas or appears semi-nude.
"Sexually oriented theater"shall mean an establishment which, for any form of consideration, as a regular and substantial course of conduct presents live performances that either: (1) are characterized by specified sexual activities; or (2) feature any semi-nude person.
"Specified anatomical areas"shall mean the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, and areola and nipple of the female breast;
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered;
3. Any device, costume or covering that simulates any of the body parts included in paragraphs (1) or (2) above.
"Specified sexual activities"shall mean the following, whether performed directly or indirectly through clothing or other covering.
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Excretory functions as part of, or in connection with, any of the activities described in paragraphs (1) through (3) of this definition.
"Substantially enlarged"shall mean the increase in floor area occupied by a sexually oriented business by more than 10% of its floor area as it existed at the time a sexually oriented business permit was issued for the business.