An adult commercial use shall include and be defined as follows:
ADULT ARCADE
Any place in which the public is permitted or invited wherein
coin-operated or slab-operated or electronically, electrically, or
mechanically controlled still or motion picture, or video 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 the
depicting or describing of specified sexual activities or specified
anatomical areas.
ADULT BOOKSTORE
An establishment having as a substantial, significant, or
preponderant portion of its stock in matter which are distinguished
or characterized by their emphasis on content depicting, describing
or relating to specified sexual activities or specified anatomical
areas as defined herein.
ADULT BUSINESS
Any adult or sexually oriented business, including any business
establishment that regularly features live performances, which are
distinguished or characterized by an emphasis on the exposure of the
genitals or buttocks of any person, or the breasts of any female person.
Or specified sexual activities that involve the exposure of the genitals
or buttocks of any person, or the breasts of any female person, or
any business whose primary purpose is the sale of display of matter
that, because if its sexually explicit nature, may, pursuant to state
law or other regulatory authority, be offered only to persons over
the age of 18 years. Adult business may include an adult arcade, adult
bookstore, adult cabaret, adult hotel/motel, adult motion-picture
theater, adult visual materials or video store, adult modeling studio,
or adult enterprise, as defined herein.
ADULT BUSINESS OPERATOR
A person who supervises, manages, inspects, directs, organizes,
controls or in any other way is responsible for or in charge of the
premises of an adult business or the conduct or activities occurring
on the premises thereof.
ADULT BUSINESS OWNER
A person or persons who hold a financial or other business
interest, in whole or in part, either singly or jointly, in an adult
business. For purposes of this chapter, indicia of ownership may be
established by evidence including, but not limited to, business license
information, fictitious business name registration, utility billing
information, or by other competent evidence. For purposes of this
chapter, the person whose name appears on the business license application
as the business owner shall be deemed to be the adult business owner.
ADULT CABARET
A building or portion thereof or area regularly featuring
the presentation or exhibition of live performers whose performances
are distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas as hereinafter defined; or whose performances are
rendered in a state of dress so as to expose the female breast below
a point immediately above the top of the areola; male or female genitals;
public areas; buttocks; or the female breast with only the nipple
or areola covered, or any combination thereof, for observation by
patrons or customers.
ADULT ENTERTAINMENT ENTERPRISE
Any business activity wherein (1) is furnished for a fee
or charge or other like consideration the opportunity to paint, feel,
handle, touch, be in the presence of, be entertained by, be painted
by, felt by, or touched by, the unclothed body or the unclothed body
of another person, or to observe, view, or photograph such activity,
or (2) a fee or charge or like consideration is paid or received for
goods sold or services rendered by or in the presence of one or more
persons with an unclothed body or an unclothed portion of the body.
Adult entertainment enterprise shall include, but not be limited to,
the following business activities and activities similar thereto adult
or nude encounter studios, adult or nude dance studios, nude exhibitions,
peep shows, wrestling centers, adult or nude art or photograph studios.
"Unclothed portion of the body" shall mean state of dress so as to
expose the female breast below a point immediately above the top of
the areola, male or female genitals, public areas, buttocks, or female
breast with only the nipple and areola covered.
ADULT ENTERTAINMENT ROOM
Any room of an adult entertainment establishment, which constitutes
an adult cabaret, adult motion-picture theater, adult entertainment
enterprise, or adult theater, or adult visual materials store pursuant
to this section.
ADULT HOTEL/MOTEL
A hotel or motel or similar business establishment offering
public accommodations for any form of consideration which provides
patrons with closed-circuit television transmissions, films, computer-generated
images, motion pictures, video cassettes, slides, or other photographic
reproductions 30% or more of the number of which are distinguished
or characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; and
rents, leases, or lets any room for less than a six-hour period, or
rents, leases, or lets any single room more than twice in a twenty-four-hour
period.
ADULT MODELING STUDIO
A business which provides, for any form of compensation,
monetary or other consideration, hire or reward, figure models who,
for the purposes of sexual stimulation of patrons, display specified
anatomical areas to be observed, sketched, photographed, painted,
sculpted or otherwise depicted by persons paying such consideration.
"Modeling studio" does not include schools maintained pursuant to
standards set by the State Board of Education. "Modeling studio" further
does not include a studio or similar facility owned, operated, or
maintained by an individual artist or group of artists, and which
does not provide, permit, or make available specified sexual activities.
ADULT MOTION-PICTURE THEATER
A building or portion thereof or area, open or enclosed,
used for the presentation on more than 1/3 of the days in a calendar
year during which motion-picture films, video cassettes, cable television
or any other such visual media are displayed or exhibited, of films,
videocassettes, cable television or their visual media which are distinguished
or characterized by an emphasis on matter depicting, describing, or
relating to specified sexual activities or specified anatomical areas
as hereinafter defined for observation by patrons or customers. "Adult
motion-picture theater" does not include any room or suite of rooms
rented for human occupancy in a hotel or motel which is equipped for
furnished with a video cassette playing machine or cable television,
unless such hotel or motel is determined to be an adult hotel/motel
as defined herein.
ADULT VISUAL MATERIALS OR VIDEO STORE
A building or portion thereof used by an establishment having
not less than 30% of its actual display area devoted to; or stock
in trade for sale or rental to the public or any segment thereof consist
of books, magazines, other publications, films, video cassettes, or
any combination thereof which are distinguished or characterized by
their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as hereinafter defined.
BAR
Any commercial establishment licensed by the State Liquor
Control Board to serve any alcoholic beverages on the premises.
EMPLOYEE
Every owner, partner, manager, supervisor, performer or other
worker, whether paid or not, who renders services of any nature in
the conduct of an adult business establishment. For purposes of this
chapter, it shall be a rebuttable presumption that every person who
renders services of any nature in the conduct of an adult business
is an employee of the adult business.
ENTERTAINER
Any person who is an employee or independent contractor of
the adult business, or any person who, with or without any compensation
or other form of consideration, performs live entertainment for patrons
of an adult business.
OPERATE AN ADULT BUSINESS
The supervising, managing, inspecting, directing, organizing,
controlling or in any way being responsible for or in charge of the
conduct of activities of an adult business or activities within an
adult business.
REGULARLY FEATURES WITH RESPECT TO AN ADULT BUSINESS
A regular, substantial course of conduct. The presentation,
in or at any building or portion thereof, of live performances which
are distinguished or characterized by an emphasis upon the display
or specified anatomical areas or specified sexual activity on two
or more occasions within a thirty-day period; three or more occasions
within a sixty-day period; or four or more occasions with a 180-day
period, shall to the extent permitted by law be deemed to be a regular
and substantial course of conduct.
SEMINUDE
A state of dress in which clothing covers no more than the
genitals, public region, buttocks, areola of the female breast, as
well as portion of the body covered by supporting straps or devices
such as by G-strings, pasties, thongs, bikinis, or other similar forms
of garments or devices.
SPECIFIED ANATOMICAL AREAS
Any of the following:
[1]
Less than completely and opaquely covered human genitals, public
region, buttocks and female breast below a point immediately above
the top of the areola; and
[2]
Human male genitals in a discernibly turgid state, even if completely
opaquely covered.
[3]
Any device, costume or covering that simulates any of the body
part included in Subsections (1) or (2) above.
SPECIFIED SEXUAL ACTNITIES
Any of the following whether performed directly or indirectly
through clothing or other coverings:
[1]
Human genitals in a state of sexual stimulation or arousal;
[2]
Sexual acts, actual or simulated, including sexual intercourse,
oral copulation or sodomy; and
[3]
Fondling or other erotic touching of human genitals, public
region, buttocks or female breast.
[4]
Masturbation, actual or simulated; and
[5]
Excretory functions as part of or in a connection with any of
the other activities described in Subsections (1) through (4).