As used in this chapter, certain words and terms are defined as follows:
ADULT ENTERTAINMENT USE, ADULT ENTERTAINMENT ESTABLISHMENT and SEXUALLY
ORIENTED BUSINESS
A.
ADULT ARCADEAn establishment where, for any form of consideration, one or more still or motion-picture projectors, slide projectors, or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
B.
(1)
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, video cassettes, slides, or other visual representations
that are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia that are designed for use in
connection with specified sexual activities.
C.
ADULT CABARETA nightclub, bar, restaurant, or similar establishment that regularly or occasionally features live performances that are characterized by the exposure of specified anatomical areas.
D.
ADULT MOTELA motel, hotel, or similar commercial establishment which offers public accommodations, for any form of consideration, and also offers patrons closed-circuit television transmission, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this type of entertainment by means of a sign visible from the public right-of-way, or by means or any off-premises advertising including but not limited to newspapers, magazines, pamphlets or leaflets, radio or television.
E.
ADULT MOTION-PICTURE THEATERAn establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or other similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
F.
ADULT THEATERAny theater, concert hall, auditorium, or similar commercial establishment which, for any form of compensation regularly features persons who expose specified anatomical areas in live performances.
G.
ESCORT OR MODELING AGENCYA person or business association who furnishes, offers to furnish or advertises to furnish escorts or models, as herein defined, as one of its primary business purposes for a fee, tip, or other consideration.
H.
MASSAGE PARLORAny establishment where, for any form of consideration or gratuity, the administrating of massage, alcohol rub, administering of fomentations, electric or magnetic treatments, or any other treatment and manipulation of the human body is performed by a person or persons who exposes specified anatomical areas.
I.
OTHER ADULT ENTERTAINMENT USESAny live exhibition, performance, display or dance of any type, including but not limited to talking, singing, reading, listening, posing, serving food or beverages, soliciting for the sale of food or beverages, products or entertainment, pantomiming, modeling, removal of clothing, or any service offered for amusement on any premises to which the public, patrons, or members are invited or admitted, including any private club or membership organization, and including but not limited to business establishments identified as an adult arcade, escort agency, juice bar, coffee shop, cigar shop, victualer, nude modeling studio, sexual encounter center, massage parlor, or similar or like business establishments.
APPLICANT
The person listed as an applicant on the application for a license
and a person applying for renewal of an existing license.
BUSINESS
Any business or use possessing or desiring to possess an adult entertainment
license under this chapter.
EMPLOYEE
Any person who works, performs, or serves in a use with an adult
entertainment license, including the managers, servers, and entertainers regardless
of whether or not said person is paid a salary, wage, or other compensation
by the licensee or is considered an independent contractor instead of a traditional
employee.
ENTERTAINER
Any person who provides adult entertainment within an adult entertainment
use as defined in this chapter, whether or not a fee is charged or accepted
for the entertainment.
ESCORT or MODEL
A person who, for any form of consideration, agrees or offers to
privately perform stripteases which expose specified anatomical areas or offers
or agrees to model lingerie or other types of clothing which expose specified
anatomical areas.
LICENSE
An adult entertainment license of any kind issued under this chapter.
LICENSEE
A person in whose name a license under this chapter has been issued.
MANAGER
Any person who manages, directs, administers, oversees, or is in
charge of the running and operation of a use or business possessing an adult
entertainment license under this chapter.
OWNER
Any person owning directly, indirectly, or beneficially any interest
or part interest, however identified, in a use or proposed use in this chapter.
PEEP BOTH
A viewing room of less than 150 square feet of floor space.
PERSON
An individual, sole proprietorship, partnership, corporation, limited
liability company, association, organization, or other recognized entity,
including an applicant, licensee, entertainer, server, manager, owner, or
principal owner.
PREMISES
Any location, building or use location housing a business possessing
or seeking an adult entertainment license under this chapter.
PRINCIPAL OWNER
Any person owning, directly, indirectly, or beneficially:
A.
Five percent or more of a corporation's corporate stock;
B.
Five percent or more of a membership interest in a limited liability
company;
C.
In the case of any other recognized entities, 5% or more of the ownership
interests in the entity; or
D.
The general partner of a limited partnership, regardless of the percentage
of ownership.
SERVER
Any person who serves food or drink at any use holding an adult entertainment
license under this chapter.
SPECIFIED ANATOMICAL AREAS
Includes any of the following:
A.
Less than completely and opaquely covered human genitals, pubic region,
buttocks, anus, or female breast below a point immediately above the top of
the areolae; or
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED CRIMINAL ACTS
Includes sexual crimes against children, sexual abuse, rapes and
sexual assaults, distribution of obscenity, pandering, prostitution, and alcoholic
and controlled substance violations.
SPECIFIED SEXUAL ACTIVITIES
Includes any of the following:
A.
The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts;
B.
Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation or sodomy;
C.
Masturbation, actual or simulated; or
D.
Excretory functions as part of or in connection with any of the activities
set forth as noted above.
TRANSFER OF LICENSE
Includes any of the following:
A.
The sale, lease or sublease of the business or use;
B.
The transfer of securities which constitute a five-percent or greater
interest in the business or use, whether by sale, transfer, exchange, or similar
means, with or without compensation therefor; or
C.
The passing of any ownership interest over 5% by operation of law or
through testate or intestate succession upon death of the license holder.
Upon receipt of a completed application and upon payment of the nonrefundable
application fee, the Town Clerk shall immediately stamp the application as
filed which shall constitute initial acceptance of the application. The Town
Clerk will then send photocopies of the application to the Police Department,
the Building Officials Department, and any other affected department or agency.
Each department or agency shall promptly conduct an investigation of the applicant,
application, and proposed use in accordance with its responsibilities. Said
investigation shall be completed within 40 days of the date the application
was deemed complete by the Town Clerk. At the conclusion of an investigation,
each department or agency shall indicate on the photocopy of the application
its approval or disapproval, date and sign the photocopy of the application,
and, in the event of disapproval, state the reasons therefor. Each department
or agency shall then return the photocopy of the application to the Town Clerk
for forwarding to the Town Council.