Definitions. The following definitions shall apply
to this §
161-35:
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
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 depicting or describing
specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE
(a)
An establishment which, as one of its principal
or significant purposes, offers for sale or rental, for any form of
consideration, or which designates a portion or section for the display
or sale of any one or more of the following:
[1]
Books, magazines, periodicals or other printed
matter, or photographs, films, motion pictures, videocassettes or
video reproductions, slides or other visual representations which
depict or describe specified sexual activities or specified anatomical
areas; or
[2]
Instruments, devices or paraphernalia which
are primarily intended, labeled, designed, advertised or promoted
for use in connection with specified sexual activities.
(b)
An establishment may have other principal or
significant 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" if one of its principal
or significant business purposes is the offering for sale or rental
for consideration the above-specified materials which depict or describe
specified sexual activities or specified anatomical areas. For purposes
of this definition, "principal or significant business purpose" shall
mean 25% or more of any of the following:
[1]
The number of different, titles or kinds of
such merchandise;
[2]
The number of copies or pieces of such merchandise;
[3]
The amount of floor space devoted to the sale
and/or display of such merchandise; or
[4]
The amount of advertising which is devoted to
such merchandise, either in print or broadcast media.
ADULT CABARET
An establishment which regularly features:
(a)
Persons who appear in a state of nudity; or
(b)
Live performances which are characterized by
the exposure of specified anatomical areas or specified sexual activities;
or
(c)
Films, motion pictures, videocassettes, slides,
or photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
ADULT MOTEL
A hotel, motel or similar establishment which offers accommodations
to the public for any form of consideration; provides patrons with
closed-circuit television transmissions, films, motion pictures, videocassettes,
slides or other photographic reproductions which 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 which advertises the availability of this adult type
of photographic reproductions.
ADULT MOTION-PICTURE THEATER
An establishment where, for any form of consideration, films,
motion pictures, videocassettes, slides or similar photographic reproductions
are regularly shown which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
ADULT THEATER
A theater, concert hall, auditorium or similar establishment
which regularly features persons who appear in a state of nudity or
live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities.
ADULT USE AND ENTERTAINMENT ESTABLISHMENTS (also referred to
herein as "Adult-Oriented Businesses")
An establishment, or any part thereof, which presents any
of the following entertainment, exhibitions or services: topless and/or
bottomless dancers; strippers; topless waitresses or waiters, busing
or similar service; topless hair care or massages; service or entertainment
where the servers or entertainers wear pasties or G-strings or both;
adult arcade; adult bookstore or adult video stores; adult cabarets;
adult motels; adult motion-picture theaters; adult theaters; escort
agencies; nude model studios; and sexual encounter centers. Adult
use and entertainment establishments customarily exclude minors by
reason of age.
ESCORT
A person who, for a fee, tip or other consideration, agrees
or offers to act as a date for another person; for consideration,
agrees or offers to privately model lingerie for another person; for
consideration, agrees or offers to privately perform a striptease
for another person; or, for consideration but without a license granted
by the State of New York, agrees or offers to provide a massage for
another person.
ESCORT AGENCY
A person or business association who or which furnishes,
or offers to furnish, or advertises to furnish, escorts as one of
its primary business purposes for a fee, tip or other consideration.
MASSAGE PARLOR
Any 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 of 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 specified anatomical areas or engages in specified
sexual activities.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is regularly provided to be
observed, sketched, drawn, painted, sculpted, photographed or similarly
depicted by other persons who pay money or any form of consideration,
other than as part of a course of instruction offered by an education
institution established pursuant to the laws of the State of New York.
PERSON
An individual, proprietorship, partnership, corporation,
association or other legal entity.
PORN SHOP
Any establishment engaged in the sale or promotion of sexual
acts or behavior as in writing, photographs and other materials depicting
sexual acts or behavior designed to stimulate erotic feelings.
SEMINUDE
A state of dress in which clothing covers no more than the
specified anatomical areas, as well as portions of the body covered
by supporting straps or devices.
SEXUAL CONDUCT
Includes the following:
(a)
The fondling or touching of human genitals,
pubic region, buttock 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 (1) through (3).
SEXUAL ENCOUNTER CENTER
An enterprise that, as one of its primary or significant
business purposes, offers, for any form of consideration, activities
between male and female persons and/or persons of the same sex when
one or more of the persons is in a state of nudity or is seminude.
SPECIFIED ANATOMICAL AREAS
(a)
Unless completely and opaquely covered, human
genitals, pubic region, buttocks or breasts below a point immediately
above the top to the areola; and
(b)
Even if completely and opaquely covered, male
genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES
Means and includes any of the following:
(a)
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or breasts;
(b)
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy;
(c)
Masturbation, actual or simulated; or