§ 5. Definitions relative to sexually oriented businesses.

(A)

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, projectors or other image producing devices are maintained to show images to five (5) 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".

(B)

Adult bookstore, adult novelty store or adult video store means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, rental or any form of consideration, of any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, film, motion pictures, video cassettes, slides, or other visual description of "specified sexual activities" or "specified anatomical areas";

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with "specific sexual activities" or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others;

(3)

An establishment may have other principal business purposes that do not involve the offering for sale, rent or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental for some form of consideration, the specified materials which depict or describe specified anatomical areas or "specified sexual activities."

(C)

Adult cabaret means a nightclub, bar, restaurant "bottle club", or similar commercial establishment, without regard to whether or not alcoholic beverages are served, which regularly features:

(a)

Persons who appears nude or nearly nude;

(b)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(c)

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."

(D)

Adult motel means a motel, hotel or similar commercial establishment which:

(a)

Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, film, 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 sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;

(b)

Offers a sleeping room for rent for a period of time less than ten (10) hours; or

(c)

Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.

(E)

Adult motion picture theater means a commercial establishment where film, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

(F)

Adult theater means, a theater, concert hall auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or nearly nude or regularly features live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."

(G)

Employee means a person who works for or performs in a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

(H)

Establishment means and includes any of the following:

(1)

The opening or commencement of any such business as a new business;

(2)

The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

(3)

The addition of any of the sexually oriented businesses to any other existing sexually oriented business; or

(4)

The relocation of any such sexually oriented business.

(I)

Nearly nude means a state of dress in which clothing covers no more than the genitals, public [pubic] region, and areolae of the female breast, as well as portions of the body covered by supporting belts, strips of cloth, or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect achieved by such appearance is approximately the same of viewing nudity.

(J)

Nude, nudity, or state of nudity means:

(a)

The appearance of human bare buttocks, anus, male genitals, female genitals or the areola or nipple of the female breast; or

(b)

A state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genital, public [pubic] region or areola or nipple of the female breast.

(K)

Operator means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.

(L)

Permitted or licensed premises means any premises that requires a license and/or permit and that is classified as a sexually oriented business.

(M)

Permittee and/or licensee means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as applicant in the application for a permit and/or license.

(N)

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(O)

Public building means any building owned, leased or held by the United States, the state, the county, the city, any special purpose district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental or other public purposes.

(P)

Public park or recreation area means public premises which have been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, gymnasium, recreational paths, open space, wilderness areas, or similar public premises within the city which are under the control, operation or management of the city park and recreation authorities, or the equivalent state, county, or recreation district authorities.

(Q)

Religious institution means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

(R)

Residential district means a geographical area recognized under the City's Zoning Ordinance as primarily occupied by dwelling units for single-family, two-family or multiple family. It does not include other zoned districts intended primarily for industrial service, commercial, or office use but which permit residential uses.

(S)

Residential use means the lawful utilization if any structure as a dwelling unit for single-family, multiple family occupation.

(T)

School means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, technical colleges, junior colleges, and universities. School includes the school grounds.

(U)

Sexual encounter center means a business or commercial enterprise that, as one of its primary business purpose, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)

Other activities between persons of the opposite sex or persons of the same sex, or both when one or more of the persons are likely to be touching, fondling, or caressing other persons on the genitals, pubic area, buttocks, or female breast in a manner that would stimulate sexual arousal.

(V)

Sexually oriented business means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater or sexual encounter establishment.

(W)

Specified anatomical areas as used in this division means and includes any of the following:

(1)

Less than completely and opaquely covered human genitals, public [pubic] region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(X)

Specified sexual activities as used in this division, means and includes any of the following:

(1)

The fondling or other intentional touching of human genitals, public [pubic] region, buttocks, anus or female breasts, regardless of whether such areas of the body are covered or not;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Human genitals in a state of sexual stimulation, arousal or tumescence; or

(5)

Excretory functions as part of or in connection with any of the activities set forth in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.

(Y)

Substantial enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the effective date of this ordinance.

(Z)

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 which constitute a controlling interest in the business, whether by sale, exchange or similar means;

(3)

The establishment or a trust, gift or other similar legal devise which transfers ownership or control of the business except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

(AA)

Youth activity center means a boys club, a girls club, or any other facility, which is not a school but, which provides entertainment, recreation, crafts, tutorials, or other quality of life enhancements for minors, whether a nonprofit facility or otherwise.

(Ord. No. 57-A, § 5, 6-26-00)