For the purpose of this article, the following
words and phrases shall mean:
ADULT AMUSEMENT MACHINE
Any amusement machine that is regularly used for presenting
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities and specified
anatomical areas, as defined below, for observation by patrons therein.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for rent or sale or
for viewing on premises by uses of motion-picture devices or any coin-operated
means, and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, or has facilities
for the presentation of adult entertainment.
ADULT ENTERTAINMENT
Any exhibition of any adult-oriented motion pictures, live
performance, display or dance of any type which has as a significant
or substantial portion of such performance, any actual or simulated
performance of specified sexual activities or exhibition and viewing
of specified anatomical area, removal or articles of clothing or appearing
unclothed in a modeling or any other personal service offered customers.
It also includes any material distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined herein
for observation by patrons, clients or customers thereof.
ADULT ENTERTAINMENT CABARET
A public or private establishment which feature topless dancers,
strippers, male or female impersonators, or similar entertainers,
or acts relating to specified sexual activities or specified anatomical
areas, or otherwise providing adult entertainment, as herein defined,
for observation by patrons therein.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity for less than 50 persons
used for material having as a dominant theme material distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas,
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, describing
or relating to specified sexual activities or specified anatomical
areas.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
used regularly and routinely for material having as a dominant theme
material distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas, for observation by patrons therein.
ADULT-ORIENTED ESTABLISHMENT
Includes, without limitation, a commercial establishment
containing one or more, without limitation, adult amusement machines,
adult bookstores, adult motion-picture theaters, adult mini-motion-picture
theaters, adult motion-picture arcades, adult retail establishments
and further means any premises to which the public, patrons, clients,
customers or members are invited or admitted and wherever an entertainer
provides adult entertainment, or which premises are so visibly arranged
as to provide booths, cubicles, rooms, studios, compartments or stalls,
separate from the common areas of the premises for the purpose of
viewing adult-oriented motion pictures or wherein an entertainer provides
adult entertainment when such adult entertainment is held, conducted,
operated or maintained for profit, direct or indirect or not for profit.
An adult-oriented establishment further includes without limitation
any adult entertainment studio or any premises that are physically
arranged and used as such whether advertised or represented as an
adult entertainment, rap studio, exotic dance studio and encounter
studio, sensitivity studio, massage studio, modeling studio or any
other term of like import.
ADULT RETAIL ESTABLISHMENT
A business which offers for sale or rent instruments, devices,
gifts or paraphernalia which are designed or marketed for use in connection
with specified sexual activities, clothing that graphically depicts
specified anatomical areas or any of the materials sold or rented
in an adult bookstore as defined above, if a substantial or significant
portion of such items is distinguished or characterized by its emphasis
on matter depicting, describing or relating to specified sexual activities
or specified anatomical areas. In determining whether an item is "designed
or marketed for use" in connection with specified sexual activities,
the following guidelines may be considered:
A.
Expert testimony as to the principal use of
the item;
B.
Evidence concerning the total business of a
person or business establishment and the type of merchandise involved
in the business;
C.
National and local advertising concerning the
nature of the business establishment;
D.
Evidence of advertising concerning the nature
of the business establishment;
E.
Instructions, graphics or other material contained
on the item itself or on the packaging materials for the item;
F.
The physical or structural characteristics of
the item;
G.
The manner in which the item is displayed, including
its proximity to other regulated merchandise or signage relating to
items in a display area.
SPECIFIED ANATOMICAL AREA
A.
Less than completely and opaquely covered human
genitals, pubic region, buttock and female breast below a point immediately
above the top of the areola.
B.
Human male genitals in a discernibly turgid
state, even if completely covered and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Any one of the following:
(1)
Human genitals in a state of sexual stimulation
or arousal;
(2)
Acts of human masturbation, sexual intercourse,
sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or
cunnilingus;
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast;
B.
However, the definition of "specified sexual
activity" shall not apply to any medical publications or films or
bona fide educational publication or films, any art or photography
publications which devote 25% of the lineage of each issue to articles
and advertisements dealing with subjects of art or photography; any
periodical which reports or describes current events and which from
time to time publishes photos of nude or semi-nude persons in connection
with the dissemination of the news, publications or films which describe
and report different cultures and which, from time to time, publish
or show photographs or depiction of nude or semi-nude persons when
describing cultures in which nudity or semi-nudity is indigenous to
the population.
SUBSTANTIAL or SIGNIFICANT
A substantial or significant portion of a business is devoted
to the sale or rental of such items if it meets any one or more of
the following criteria:
A.
Twenty percent or more of all inventory consists
of such items at anytime;
B.
Twenty percent or more of the merchandise displayed
for sale consists of such items at any time;
C.
Twenty percent or more of the stock-in-trade
consists of such items at any time;
D.
Twenty percent or more of the floor area of
the business (not including storerooms, stock areas, bathrooms, basements
or any portion of the business not open to the public) is devoted
to such items at any time.
E.
Twenty percent or more of the sales, measured
in dollars over any consecutive ninety-day period, is derived from
such items;
F.
Twenty percent or more of the number of sales
transactions, measured over any consecutive ninety-day period, is
of such items;
G.
Twenty percent or more of the dollar value of
all merchandise displayed at any time is attributable to such items.
No such adult use shall be located in arty zoning district except in the Commercial C-2 Zone by special permit in accordance with Article
XIV.
No adult use shall be conducted in any manner
that permits the observation of any material depicting, describing
or relating to specified sexual activities or specified anatomical
areas from any public way or from any property not registered as an
adult use. This provision shall apply to any display, decoration,
sign, show window or other opening.
The provisions of these adult use regulations
are declared severable, to the maximum extent permitted by law. If
any provision or provisions of these establishment regulations or
the application thereof to any person or circumstance is held invalid
or unlawful, it is the intent of the Commission that said invalidity
shall not affect other provisions or these regulations, which shall
remain in frill force and effect as if such portion so declared invalid
or unlawful were not originally part of these regulations, even if
the surviving parts of the Regulations result in greater restrictions
after any unlawful provisions are stricken.