This article shall be known as the "Adult Business
and Adult Entertainment Ordinance" or by any other properly identifying
designation.
As used in this article, the following terms shall have the
meanings indicated:
SEXUAL CONDUCT
Includes:
A.
The fondling or other touching of human genitals, pubic region,
buttocks, or female breasts.
B.
Ultimate sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation , and sodomy.
D.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
SPECIFIC ANATOMICAL AREAS
Includes:
A.
Human genitals, pubic region, buttocks, and female breast below
a point immediately above the top of the areola.
B.
Human man genitals in a discernibly turgid state, even if completely
and opaquely covered.
ADULT BUSINESS
An establishment having as more than 10% of its stock-in-trade
books, films, magazines or other periodicals, or CD-ROMs, computer
discs or other electronically reproduced forms which are distinguished
or characterized by an emphasis on depicting or describing sexual
conduct or specific anatomical areas.
ADULT ENTERTAINMENT USE
A business based upon materials or performances that depict,
describe, or relate to sexual conduct or specific anatomical areas,
as defined in this section, and shall include but not be limited to
the following types of establishments:
A.
ADULT AMUSEMENT OR ENTERTAINMENTAmusement or entertainment which is characterized by an emphasis on acts or material depicting, describing, or relating to sexual conduct or specified anatomical areas, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
B.
ADULT BOOKSTOREAn establishment having more than 10% of its stock-in-trade in books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
C.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
D.
ADULT MOTELA motel wherein material is presented, as part of the motel services, via closed-circuit television or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
E.
ADULT MOTION PICTURE ARCADEAny place at which cash, coin, slug-operated, or electronically 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 an emphasis on depicting or describing sexual conduct or specific anatomical areas.
F.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specific anatomical areas.
G.
MASSAGE PARLORAny place where for any form of consideration or gratuity massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation or the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation, or service related thereto exposes specific anatomical areas.
H.
SEXUAL ENCOUNTER CENTERAny building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, devices, or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not be limited to, bath houses, massage parlors, and similar or related activities.
The location of adult businesses and adult entertainment uses as defined herein shall be allowed as conditional uses in industrial areas, provided that the prohibitions as outlined in §
275-87 are met.