The following words, terms and phrases, when used in this chapter shall
have the meaning ascribed to them in this section, except where the context
clearly indicates a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated,
slug-operated, or for any form of consideration, electronically, electrically,
or mechanically controlled still or motion-picture machines, projectors, video
or laser disc players, 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 specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR ADULT VIDEO STORE
An establishment having as a substantial or significant portion of
its stock-in-trade books, magazines, other periodicals, videotapes, computer
disks, CD-ROMs, DVD-ROMs, virtual reality devices or similar media that are
distinguished or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical areas.
ADULT LIVE ENTERTAINMENT
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
A.
Persons who appear in a state of nudity or seminude;
B.
Live performances which are characterized by the exposure of specific
anatomical areas or by specified sexual activities; or
C.
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
ADULT MOTEL
A hotel, motel or similar commercial establishment which:
A.
Offers accommodations to the public for any form of consideration; provides
patrons with closed-circuit television transmissions, films, motion pictures,
videocassettes, slides, or other photographic reproductions which 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 which
advertises the availability of this adult type of photographic reproductions;
B.
Offers a sleeping room for rent for a period of time that is less than
10 hours; or
C.
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 MOVIE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT NOVELTY STORE
An establishment having as a significant portion of its stock-in-trade
instruments, devices, or paraphernalia which are designed for use in connection
with specified sexual activities.
ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishments
which regularly features persons who appear in a state of nudity or seminude,
or live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
EMPLOYEE
A person who performs any service on the premises of a sexually oriented
business or, a full-time, part-time or contract basis, whether or not the
person is denominated an employee, independent contractor, agent or otherwise
and whether or not said person is paid a salary, wage or other compensation
by the operator of said business. "Employee" does not include a person exclusively
on the premises for repair or maintenance of the premises or equipment on
the premises, or for the delivery of goods to the premises.
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.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish,
or advertises to furnish escorts as one of its primary business purposes for
a fee, tip, or other consideration.
ESTABLISHMENT
Includes any of the following:
A.
The opening or commencement of any sexually oriented business as new
business;
B.
The conversion of an existing business, whether or not a sexually oriented
business, to any sexually oriented business;
C.
The additions of any sexually oriented business to any other existing
sexually oriented business; or
D.
The relocation of any sexually oriented business.
NUDE MODEL STUDIO
Any place where a person who appears seminude, in a state of nudity,
or who displays specified anatomical areas and is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration. "Nude model studio"
shall not include a proprietary school licensed by the State of Virginia or
a college, junior college or university supported entirely or in part by public
taxation; a private college or university which maintains and operates educational
program in which credits are transferable to a college, junior college, or
university supported entirely or partly by taxation; or in a structure:
A.
That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or seminude person is available for viewing;
B.
Where in order to participate in a class a student must enroll at least
three days in advance of the class; and
C.
Where no more than one nude or seminude model is on the premises at
any one time.
NUDITY OR STATE OF NUDITY
The showing of the human male or female genitals, pubic area, vulva,
anus, anal cleft or cleavage with less than a fully opaque covering, the showing
of the female breast with less than a fully opaque covering of any part of
the nipple, or the showing of the covered male genitals in a discernibly turgid
state.
PERMIT
A person in whose name or permit to operate a sexually oriented business
has been issued, as well as the individual instead as an applicant on the
application for a license; and in the case of an employee, a person in whose
name a license has been issued authorizing employment in a sexually oriented
business.
PERSON
An individual, proprietorship, partnership, corporation, association,
or other legal entity.
SEMINUDE OR IN A SEMINUDE CONDITION
The showing of the female breast below a horizontal line across the
top of the areola at its highest point or the showing of the male or female
buttocks. This definition shall include the entire lower portion of the human
female breast, but shall not include any portion of the cleavage of the human
female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit,
or other wearing apparel provided the areola is not exposed in whole or in
part.
SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its principal
business purposes, offers for any form of consideration:
A.
Physical contact in the form of wrestling or tumbling between persons
of the opposite sex; or
B.
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 seminude.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult video
store, adult live entertainment, adult motel, adult movie theater, adult theater,
escort agency, nude model studio, or sexual encounter center.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic region,
buttock, or female breast below a point immediately above the top of the areola;
or human male genitals in a discernibly turgid state, even if completely and
opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal; sexual
intercourse or sodomy; or fondling or other erotic touching of human genitals,
pubic region, buttock or female breast, including masturbation.
An applicant or licensee shall permit representatives of the Chief of
Police, Health Department, Fire Department, Zoning Department, or other City
departments or agencies to inspect the premises of a sexually oriented business
for the purpose of ensuring compliance with the law, at any time it is occupied
or open for business.
A person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises in a viewing room
of less than 150 square feet of floor space, a film, videocassette, live entertainment,
or other video reproduction which depicts specified sexual activities or specified
anatomical area, shall comply with the following requirements:
A. Upon application for a sexually oriented business permit,
the application shall be accompanied by a diagram of the premises showing
a plan thereof specifying the location of one or more managers stations and
the location of all overhead lighting fixtures and designating any portion
of the premises in which patrons will not be permitted. A manager's station
may not exceed 32 square feet of floor area. The diagram shall also designate
the place at which the permit will be conspicuously posted, if granted. A
professionally prepared diagram in the nature of an engineer's or architect's
blueprint shall not be required; however, each diagram should be oriented
to the north or to some designated street or object and should be drawn to
a designated scale or with marked dimensions sufficient to show the various
internal dimension of tall areas of the interior of the premises to an accuracy
of plus or minus six inches. The City may waive the foregoing diagram for
renewal applications if the applicant adopts a diagram that was previously
submitted and certified that the configuration of the premises has not been
altered since it was prepared.
B. The application shall be sworn to be true and correct
by the applicant.
C. No alteration in the configuration or location of a manger's
station may be made without the prior approval of the City.
D. It is the duty of the permittee of the premises to ensure
that at least one permitted employee is on duty and situated in each manager's
station at all times that any patron is present inside the premises.
E. The interior of the premises shall be configured in such
a manner that there is an unobstructed view from a manager's station
of every area of the premises to which any patron is permitted access for
any purpose, excluding rest rooms. Rest rooms may not contain video reproduction
equipment. If the premises has two or more manager's stations designated,
then the interior of the premises shall be configured in such a manner that
there is an unobstructed view of each area of the premises to which any patron
is permitted access for any purpose from at least one of the manager's
stations. The view required in this subsection must be by direct line of sight
from the manager's station.
F. It shall be the duty of the permittee to ensure that the view area specified in Subsection
E remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection
A of this section.
G. No viewing room may be occupied by more than one person
at any time.
H. The premises shall be equipped with overhead lighting
fixtures of sufficient intensity to illuminate every place to which patrons
are permitted access at an illumination of not less than five-foot-candles
as measured at the floor level.
I. It shall be the duty of the permittee to ensure that
the illumination described above is maintained at all times that any patron
is present in the premises.
J. No permittee shall allow openings of any kind to exist
between viewing rooms or booths.
K. There shall be no opening of any kind between viewing
booths or rooms.
L. The permittee shall, during each business day, regularly
inspect the walls between the viewing booths to determine if any opening or
holes exist.
M. The permittee shall cause all floor coverings in viewing
booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
N. The permittee shall cause all wall surfaces and ceiling
surfaces in viewing booths to be constructed of, or permanently covered by,
nonporous, easily cleanable material. No wood, plywood composition board or
other porous material shall be used within 48 inches of the floor.
Persons under the age of 18 years are not allowed on the premises of
a sexually oriented business.
No sexually oriented business, except for an adult motel, may remain
open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays
and Saturdays, and 1:00 a.m. and 12:00 noon on Sundays.
It is a defense to prosecution under §
119-8 that a person appearing in a state of nudity did so in a modeling class operated:
A. By a proprietary school, licensed by the State of Virginia:
a college, junior college, or university supported entirely or partly by taxation;
B. By a private college or university which maintains and
operates educational programs in which credits are transferable to a college,
junior college, or university supported entirely or partly by taxation; or
C. In a structure;
(1) Which has no sign visible from the exterior of the structure
and no other advertising that indicates a nude person is available for viewing;
(2) Where, in order to participate in a class a student must
enroll at least three days in advance of the class; and
(3) Where no more than one nude model is on the premises
at any one time.
A person who operates or causes to be operated a sexually oriented business
without a valid permit or in violation of this chapter is subject to a suit
for injunction as well as prosecution for criminal violations. Such violations
shall be punishable by a fine of $2,500 or imprisonment for a term not to
exceed 12 months or both. Each day a sexually oriented business so operates
shall constitute a separate offense or violation.
If any section, subsection, or clause of this chapter shall be deemed
to be unconstitutional or otherwise invalid, the validity of the remaining
sections, subsections, and clauses shall not be affected.
This chapter is effective immediately.