As used in this article, the following terms
are defined as follows:
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, other periodicals, films,
slides and videotapes and which establishment is customarily not open
to the public generally but excludes any minor by reason of age.
ADULT ENTERTAINMENT CABARET
A public or private establishment which presents topless
dancers, strippers, male or female impersonators or exotic dancers
or other similar entertainments and which establishment is customarily
not open to the public generally but excludes any minor by reason
of age.
ADULT MOTEL
A motel which is not open to the public generally but excludes
minors by reason of age or which makes available to its patrons in
their rooms films, slide shows or videotapes which, if presented in
a public movie theater, would not be open to the public generally
but would exclude any minor by reason of age.
ADULT THEATER
A theater that customarily presents motion pictures, films,
videotapes or slide shows that are not open to the public generally
but exclude any minor by reason of age.
ADULT USE
Any of the other six uses defined in this section, as well
as any other establishment or business involved in the dissemination
of material distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
MASSAGE ESTABLISHMENT
Any establishment having a fixed place of business where
massages are administered for pay, including but not limited to massage
parlors, sauna baths and steam baths. This definition shall not be
construed to include a hospital, nursing home or medical clinic or
the office of a physician, surgeon, chiropractor, osteopath or duly
licensed physical therapist, duly licensed massage therapist or barbershops
or beauty salons in which massages are administered only to the scalp,
face, neck or shoulders. This definition also shall exclude health
clubs which have facilities for physical exercise, such as tennis
courts, racquetball courts or exercise rooms, and which do not receive
their primary source of revenue through the administration of massages.
[Amended 11-18-2008 by L.L. No. 11-2008]
PEEP SHOWS
A theater which presents material in the form of live shows,
films or videotapes, viewed from an individual enclosure, for which
a fee is charged and which is not open to the public generally but
excludes any minor by reason of age.
SPECIFIED ANATOMICAL AREAS
Either:
A.
Less than the completely and opaquely covered
human genitals, pubic region or female breast below a point immediately
above the top of the areola; or,
B.
Human male genitals in a discernible turgid
state even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
One or more of:
A.
Human genitals in a state of sexual stimulation
or arousal;
B.
Acts of human masturbation, sexual intercourse
or sodomy; or
C.
Fondling or other erotic touching of human genitals,
pubic region, buttock or female breast.
In the event that any section or provision of
this article is declared to be invalid by a court of competent jurisdiction,
the validity of the article as a whole or any part thereof shall not
be affected thereby.