The following definitions shall apply in this chapter:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated
or slug-operated or electronically, electrically or mechanically controlled
still- or motion-picture machines, projectors or other image-producing devices
are maintained to show images to five or fewer persons per machine at any
one time, and where the images so displayed are distinguished or characterized
by the depicting or describing of a specified sexual activity or specified
anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
A commercial establishment which, as one of its principal purposes,
offers for sale or rental for any form of consideration any one or more of
the following:
(a)
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, video cassettes or video reproductions, slides or
other visual representations which depict or describe specified sexual activities
or specified anatomical areas; or
(b)
Instruments, devices or paraphernalia that are designed for use in connection
with specified sexual activities.
(2)
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified sexual activities or specified anatomical areas and
still be categorized as an adult bookstore or adult video store. Such other
business purposes will not serve to exempt such commercial establishments
from being categorized as an adult bookstore or adult video store so long
as one of its principal business purposes is the offering for sale or rental,
for some form of consideration, the specified materials that depict or describe
specified sexual activities or specified anatomical areas. A principal business
purpose shall mean at least 40% of the floor, viewing or sales area that is
accessible to customers is available for adult use and is devoted to the sale,
rental or display of such materials as determined by any of the following:
(a)
The number of different titles of printed, visual or audio materials
of any kind that are characterized by their emphasis on the description or
depiction of specified anatomical areas or specified sexual activities;
(b)
The number of copies of printed, visual or audio materials of any kind
which are characterized by their emphasis on the description or depiction
of specified anatomical areas or specified sexual activities; or
(c)
The amount of floor space devoted to the sale and display of printed,
visual or audio materials of any kind which are characterized by their emphasis
on the description or depiction of specified anatomical areas or specified
sexual activities.
ADULT CABARETS
A nightclub, bar, restaurant or similar commercial establishment
that features:
(1)
Persons who appear in a state of nudity or seminudity;
(2)
Live performances that are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
(3)
Films, motion pictures, video cassettes, slides or other photographic
reproductions that are characterized by the depiction or description of specified
anatomical areas or specified sexual activities.
ADULT MOTEL
A hotel, motel or similar commercial establishment that:
(1)
Offers accommodations to the public for any form of consideration; provides
patrons with closed circuit television transmissions, films, motion pictures,
video cassettes, slides or other photographic reproductions that are characterized
by the depiction or description of specified sexual activities or specified
anatomical areas; and has a sign visible from the public right-of-way that
advertises the availability of this adult type of photographic reproductions;
(2)
Offers sleeping rooms for rent for a period of time that is less than
10 hours; or
(3)
Allows a tenant or occupant of a sleeping room to subrent the room for
a period of time that is less than 10 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic reproductions
are shown that are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar commercial establishment
which regularly features persons who appear in a state of nudity or live performances
which are characterized by the exposure of specified anatomical areas or by
specified sexual activities.
ADULT USES
Adult arcades, adult bookstores, adult cabarets, adult motels, adult
motion-picture theaters, adult theaters, adult video stores, escort agencies,
nude model studios and sexual encounter centers.
ESCORT
A person who, for consideration, agrees or offers to act as a companion,
guide or date for another person or who agrees or offers to privately model
lingerie or to privately perform a striptease for another person.
ESTABLISHMENT
Any of the following:
(1)
The opening or commencement of any adult use as a new business;
(2)
The conversion of an existing business, whether or not an adult use,
to any adult use; or
(3)
The relocation of any adult use.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity or displays
specified anatomical areas is provided to be observed, sketched, drawn, painted,
sculptured, photographed or similarly depicted by other persons who pay money
or any form of consideration.
NUDITY
The appearance of human bare buttocks, anus, genitals or full female
breast.
PERSON
An individual, proprietorship, partnership, corporation, association
or other legal entity.
SEMINUDITY
A state of dress in which clothing covers no more than the genitals,
pubic region and areolae of the female breast, as well as portions of the
body covered by supporting straps or devices.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business
purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
(2)
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 seminudity.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities
set forth in (1), (2) and (3) above.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
(1)
The sale, lease or sublease of an adult use;
(2)
The transfer of securities which constitute a controlling interest in
an adult use, whether by sale, exchange or similar means; or
(3)
The establishment of a trust, gift or other similar legal devise which
transfers the ownership or control of an adult use, except for transfer or
bequest or other operation of law upon the death of the person possessing
the ownership or control.