As used in this chapter, the following terms shall have the meanings
indicated:
ADULT BOOKSTORE
Any business or business operation which sells, distributes or otherwise
conveys any obscene materials described in definition of "obscene" herein.
OBSCENE
That which to the average person, applying contemporary community
standards, when considered as a whole, has as its dominant theme or purpose
an appeal to the prurient interest. Any magazine, picture, drawing, photograph
or other publication and any mechanical or electronic gadget, implement or
device designed to sexually stimulate shall be obscene within
the meaning of this chapter if it is established that:
A.
The dominant theme of the material taken as a whole appeals to the prurient
interest.
B.
The material is patently offensive because it affronts contemporary
community standards, relating to the description or representation of sexual
matters; and
C.
The material is utterly without redeeming social value or the work taken
as a whole lacks serious artistic, literary, political or scientific value.
PERSON
Any individual, firm, corporation, partnership or any other type
or form of business which may be conducted in this state.
It shall be unlawful for any person, as defined herein, to:
A. Operate any establishment, regardless of whether it is
a public or private facility, as a massage parlor, bath parlor or any similar
type business where any physical contact with the recipient of such service
is provided thereby resulting in sexual conduct.
B. Use or occupy any building, structure or premises as
an adult bookstore, as herein defined.