The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
ADULT BOOKSTORE
A bookstore having as a preponderance of its publications
books, magazines and other periodicals which are distinguished or
characterized by their emphasis on matter depicting, describing, or
relating to sexual conduct or specified anatomical areas, as defined
in this section, for observation by patrons therein.
ADULT DANCING/ENTERTAINMENT ESTABLISHMENTS
An establishment, including, but not limited to, a restaurant,
lounge, dance hall, nightclub, gentlemen’s club or other such
place, whose business includes the offering to customers of live entertainment
wherein employees, agents, servants, independent contractors or other
customers perform dance routines and/or display or expose specified
anatomical areas, offered as adult-oriented entertainment for viewing
by patrons or spectators on the premises and characterized by the
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas.
[Added 2-14-2012]
ADULT ESTABLISHMENT
B.
An adult motion-picture theater.
C.
An adult mini motion-picture theater.
D.
An adult motion-picture arcade.
F.
Adult dancing/entertainment establishments.
[Added 2-14-2012]
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity for fewer than 50 persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual conduct or specified anatomical areas,
as defined in this section, for observation by patrons therein.
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited wherein
coin- 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 an emphasis on depicting or
describing sexual conduct or specified anatomical areas.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used for presenting motion pictures, a preponderance of which are
distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual conduct or specified anatomical areas,
as defined in this section, for observation by patrons therein.
MASSAGE
The manipulation of body muscle or tissue by rubbing, stroking,
kneading or tapping, by hand or mechanical device. The practice of
massage shall not include the following individuals while engaged
in the personal performance of duties or their respective professions:
A.
Physicians, surgeons, chiropractors, osteopaths
or physical therapists who are duly licensed to practice their professions
in the commonwealth.
B.
Nurses who are registered under the laws of
the commonwealth.
C.
Barbers and beauticians who are duly licensed
under the laws of the commonwealth, except that this exclusion shall
apply solely to the massage of the neck, face, scalp and hair of the
customer or client for cosmetic or beautifying purposes.
MASSAGE BUSINESS
Any establishment or business wherein massage is practiced,
including establishments commonly known as "health clubs."
SEXUALLY ORIENTED DEVICE
A.
Any artificial or simulated specified anatomical
area as defined in this section; and/or
B.
Any other device primarily designed, promoted
or marketed to physically stimulate or manipulate the human genitals,
pubic area or anal area, including dildos, penisators, vibrators,
penis rings, erection enlargement or prolonging creams or other preparations.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals; pubic region.
(3)
Female breast below a point immediately above
the top of the areola.
B.
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Activities including, but not limited to, human genitals
in a state of sexual stimulation or arousal; acts of human masturbation,
sexual intercourse or sodomy; fondling or other erotic touching of
human genitals, pubic region or pubic hair, buttocks or human breast(s);
flagellation or torture on the context of a sexual relationship; masochism,
erotic or sexually oriented torture, beating or the infliction of
pain; erotic touching, fondling or other such contact with an animal
by a human being; excretory functions as part of or in connection
with any of the activities listed herein.
[Added 2-14-2012]
No building, premises, structure or other facility
that contains any adult establishment shall contain any other kind
of adult establishment.
Any person who violates this chapter shall be
guilty of a misdemeanor and shall be punished by a fine in an amount
not to exceed $300 for each offense.
[Added 2-14-2012]
While on the premises of an adult establishment, no employee,
agent, servant, independent contractor or other customer shall be
permitted to have physical contact with any other adult entertainment
employee, other employee, patron or spectator while the employee,
agent, servant, independent contractor or other customer is entertaining,
dancing or otherwise involved in the display of or exhibition of specified
anatomical areas or specified sexual activities.