Definitions. As used in this section, the following
terms shall have the meanings indicated:
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,
videos, 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
(1)
A commercial establishment that, as one of its
principal business 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, videocassettes or
video reproductions, slides, or other visual representations that
depict or describe specified sexual activities or specified anatomical
areas.
(b)
Instruments, devices, or paraphernalia that
are designed for use in connection with specified sexual activities.
(2)
A principal business purpose exists if materials
offered for sale or rental depicting or describing specified sexual
activities or specified anatomical areas generate 20% or more of the
business's income, account for 20% or more of inventory, or occupy
20% or more of total floor space. 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 consideration the specified materials that depict or describe
specified sexual activities or specified anatomical areas.
ADULT CABARET
A nightclub, bar, restaurant, cafe or similar commercial
establishment that regularly, commonly, habitually, or consistently
features:
(1)
Persons who appear in a state of nudity or seminudity;
or
(2)
Live performances that are characterized by
the exposure of specified anatomical areas or by specified sexual
activities; or
(3)
Films, motion pictures, videocassettes, slides,
photographic reproductions, or other image-producing devices that
are characterized by the depiction or description of specified sexual
activities or specified anatomical areas.
(4)
Persons who engage in "exotic" or erotic dancing
or performances that are intended for the sexual interests or titillation
of an audience or customers.
ADULT ENTERTAINMENT
Any business enterprise having as a substantial portion of
its activity the presentation, characterized by emphasis on the description
or depiction of specified anatomical areas or specified sexual activities,
of live shows, motion-picture films or sound recordings presented
by coin- or slug-operated, or electronically or mechanically controlled,
still or motion-picture machines, projectors or other image-producing
devices; any business enterprise serving food and beer, wine or liquor
whose entertainers or waiters and waitresses appear in a state that
displays any specified anatomical areas; or any business enterprise
that offers services requiring the client or customer to display any
specified anatomical areas, except medical and health services establishments.
ADULT MOTEL
A hotel, motel or similar commercial establishment that:
(1)
Offers accommodation to the public for any form
of consideration and provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, 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;
or
(2)
Offers a sleeping room for rent for a period
of time that is less than 24 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 24 hours.
ADULT MOTION-PICTURE THEATER
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes or video reproductions, slides,
or similar photographic reproductions are regularly, commonly, habitually
or consistently 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 that regularly, commonly, habitually or consistently
features persons who appear, in person, in a state of nudity or seminudity,
and/or live performances that are characterized by the exposure of
specified anatomical areas or specified sexual activities.
BUSINESS
Any regularly conducted commercial enterprise, venture or
undertaking carried on for profit or monetary gain and shall include,
but not be limited to, any regularly advertised, promoted, scheduled,
or reoccurring meeting, event, party, assembly or gathering for consideration.
CONSIDERATION
The payment of money or the exchange of any item of value
for:
(1)
The right or privilege to enter any premises,
or any portion thereof; or
(2)
The right or privilege to remain on any premises,
or any portion thereof; or
(3)
The right or privilege to acquire, purchase,
utilize or consume goods, services or facilities offered or made available
to persons who enter, or remain on, a premises, or any portion thereof,
for purposes of engaging in or having the opportunity to engage in
live sex acts; or
(4)
The right or privilege to a membership permitting
the right to enter, or remain on, a premises, or any portion thereof.
DIRECTOR
The Chief of Police and such employee(s) of the Police Department
as he or she may designate to perform the duties of the Director under
this chapter.
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 which furnishes, offers
to furnish, or advertises to furnish escorts as one of its primary
business purposes for a fee, tip, or other consideration.
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 for consideration.
NUDITY or A STATE OF NUDITY
The appearance of a human bare buttock, anus, anal cleft
or cleavage, pubic area, male genitals, female genitals, or vulva,
with less than a fully opaque covering; female breast with less than
a fully opaque covering of any part of the areola; or human male genitals
in a discernibly turgid state even if completely and opaquely covered.
PERSON
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
PREMISES
The real property upon which the sexually oriented business
is located, and all appurtenances thereto and buildings thereon, including,
but not limited to, the sexually oriented business, the grounds, private
walkways, and parking lots and/or parking garages adjacent thereto.
[Amended 3-23-2009 by Ord. No. 2009-02]
REGULARLY CONDUCTED
Ongoing, continuous and repetitive. A business is regularly
conducted if its business advertising occurs on an ongoing repetitive
basis and its live sex acts, activities, events, meetings, or gatherings
occur more frequently than once annually.
SEMINUDE or SEMINUDITY
The appearance of the female breast below a horizontal line
across the top of the areola at its highest point. 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.
SEX ACT
Sexual intercourse; oral contact (teeth, tongue and or lips)
with the penis, vulva, breast or anus; anal intercourse; touching
and/or fondling of the breast, anus, penis, scrotum, testicles, vulva,
clitoris, or vagina; manual masturbation; and/or the penetration into
the penis, vulva or anus by any part of the body or by any object,
machine or mechanism or bestiality (sex with or involving an animal).
SEX ACT BUSINESS
Any premises, business, commercial enterprise or venture
which, in exchange for a fee or consideration and as one of its primary
or regularly conducted purposes or activities, provides facilities
in which one or more persons may view or participate in sex acts.
SEXUAL ENCOUNTER CENTER
(1)
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 persons of the opposite sex
and/or persons of the same sex when one or more of the persons is
in a state of nudity or seminudity.
[Amended 3-23-2009 by Ord. No. 2009-02]
(2)
A principal business purpose exists if the services
offered are intended to generate business income.
SEXUALLY ORIENTED BUSINESS
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio, sex act business or sexual encounter
center.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals,
pubic region, buttock and female breast below a point immediately
above the top of the areola and human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Means and includes any of the following:
(1)
The fondling or the erotic touching of human
genitals, pubic region, buttocks, anus, or female breasts, whether
covered or uncovered;
(2)
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory function as part of or in connection
with any of the activities set forth in (1) through (3) above.
SUBSTANTIAL PORTION
(1)
For the purpose of determining whether a substantial
portion of an establishment includes an adult bookstore, adult entertainment
establishment, sexually oriented business or combination thereof,
the following factors shall be considered:
(a)
The amount of floor area and cellar space accessible
to customers and allocated to such uses.
(b)
The amount of floor area and cellar space accessible
to customers and allocated to such uses as compared to the total floor
area and cellar space accessible to customers in the establishment.
(2)
For the purposes of determining whether a bookstore
has a substantial portion of its stock in material defined in the
above subsection hereof, the following factors shall be considered:
(a)
The amount of such stock accessible to customers
as compared to the total stock accessible to customers in the establishment.
(b)
The amount of floor area and cellar space accessible
to customers containing such stock.
(c)
The amount of floor area and cellar space accessible
to customers as compared to the total floor area and cellar space
available for such stock.