§ 54-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade means 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, projects, 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 or adult video store means a commercial establishment that as one of its principal business purposes offers for sale or rental for any form of consideration, 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, other visual representations which depict or describe specified sexual activities or specified sexual areas; or
(2)
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1)
Persons who appear in a state of nudity or seminudity;
(2)
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3)
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.
Adult motel means a hotel, motel or similar commercial establishment that:
(1)
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 type of photographic reproductions;
(2)
Offers a sleeping room for rent for a period of time that is less than ten hours; or
(3)
Allows a tenant or occupant of a sleeping room to sublet the room for a period of time that is less than ten hours.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that 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.
Chief of police means the chief of police of the city or his designated agent.
Child care facility means a building used as a day nursery, children's boarding home, child placement agency, religious or charitable encampment for children or any other place for the care or custody of children under 16 years of age.
Church means a building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.
Escort means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort agency means a person who, or business association that, furnishes, offers or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
Establishment means and includes any of the following:
(1)
The opening or commencement of any sexually oriented business as a new business;
(2)
The conversion of any existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3)
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4)
The relocation of any sexually oriented business.
Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
Nude model studio means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pays money or any form of consideration.
Nudity or a state of nudity means:
(1)
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
(2)
A state of dress that fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
Seminude means a state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
(1)
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2)
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 seminude.
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude modeling studio, or sexual encounter center.
Specified anatomical areas means human genitals in a state of sexual arousal.
Specified sexual activities means and includes any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3), above.
Substantial enlargement of a sexually oriented business means the increase in floor area occupied by business by more than 20 percent, as the floor area exists on the date of passage of the ordinance from which this chapter is derived.
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
(1)
The sale, lease or sublease of the business;
(2)
The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device that transfers the ownership control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. No. 2001-07-24, § 2(B), 7-24-2001)