§ 10-32. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult entertainment establishment means:

(1)

Adult bookstore means a business or establishment to which the public or any portion of the public is permitted and having as a substantial or significant portion of its stock in trade books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material, or five percent of its net sales consisting of printed material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(2)

Adult business means one of the following:

a.

Any business or establishment to which the public is permitted which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage either by law or by the operators of such business or establishment;

b.

Any business or establishment to which public is permitted where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or

c.

Any other business or establishment to which the public is permitted which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, discussing or relating to specified sexual activities or specified anatomical areas.

(3)

Adult dancing establishment means a business or establishment to which the public is permitted that features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(4)

Adult motion picture theater means a business or establishment to which the public is permitted and is used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, including a business or establishment wherein coin- 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, and where the images so displayed are distinguished or characterized by an emphasis on, depicting or describing specified sexual activities or specified anatomical areas.

(5)

Adult video store means a business or establishment to which the public is permitted and having a substantial or significant portion of its stock in trade in videotapes or movies or other reproductions, for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

(6)

Bathhouse or massage parlor means a business or establishment to which the public is permitted and in which services offered include some form of physical contact between employee and patron and in which services offered are characterized or distinguished by an emphasis on specified sexual activities or specified anatomical areas.

(7)

Erotic entertainment/dance establishments means a business or establishment, including but not limited to a nightclub or theater to which the public is permitted which features live performances by topless and/or bottomless dancers or entertainers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(8)

Escort bureau/introduction service means any individual, business or establishment who, for a fee, commission, hire, reward, profit or other consideration, furnishes or offers to furnish to the public names of persons, or who introduces, furnishes or arranges for persons to accompany other persons to social affairs or places of entertainment or amusement, or for persons to consort with other persons about any place of public resort or within any private quarters, all for the primary purpose of engaging in, describing or discussing specified sexual activities or exposing specified anatomical areas.

(9)

Lingerie modeling studio means a business or establishment to which the public is permitted whose primary business activity consists of live performers exhibiting or modeling lingerie or similar undergarments and are characterized or distinguished by an emphasis on specified sexual activities or specified anatomical areas.

Church means a place where persons regularly assemble for religious worship.

Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of what is commonly called the state first offender act.

Distance and measurement means the measurement in linear feet from the center of any door of customer entry of the proposed premises of an adult entertainment establishment (or if not on ground level, then the beginning point for measuring the distance shall be to a point of ground level determined by measuring from the center of any door of customer entry perpendicular to the ground level) to the nearest property line of any church, library, school, college, public park, residence or hospital. A radius shall be measured from the center of any door of customer entry of the proposed premises to the nearest property line of any church, library, school, college, public park, residence or hospital.

Employee means any person engaged to provide or in fact providing services for an adult entertainment establishment to patrons on a regular basis whether for legal consideration or otherwise. Independent contractors such as entertainers shall be considered an employee for purposes of this article.

Good moral character means any person who has not been convicted in a court of competent jurisdiction of any felony or of any crime involving sexual assault, sexual battery, prostitution, rape, sexual offenses against children, unnatural sex acts, public indecency, or any other sex act, whether attempted or consummated, prohibited by law, within the times prescribed in section 10-67(a)(4).

Minor means any person who has not attained the age of 21 years.

Park means any lands or facility owned, operated, controlled or managed by any county, city or federal government or any governmental entity or agency in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.

Residence means a house, apartment, mobile home, boardinghouse or roominghouse, duplex or other multifamily housing, for human dwelling, or any properties owned for such purpose.

School means state, county, city, church or other schools, public or private, that teach the subjects commonly taught in the common schools of this state and vocational schools, colleges, post-high-school learning centers, kindergartens and day care centers for persons of all ages.

Specified sexual activities means any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct: sodomy, cunnilingus, fellatio, pedophilia, lesbianism, homosexuality;

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3)

Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

(4)

Fondling of the human genitals, pubic region, buttocks or female breast so as to arouse or excite the sexual desires of a patron;

(5)

Sexually oriented torture; or

(6)

Fondling or other sexual contact with an animal so as to arouse or excite the sexual desires of a patron.

Specified anatomical areas means the following:

(1)

Less than completely and opaquely covered human genitals, pubic region or anus, or female breast below the point immediately above the top of the areola; or

(2)

Human male genitalia in a discernible turgid state, even if completely and opaquely covered.

(Ord. of 11-18-1996, § 2)

Cross reference

Definitions generally, § 1-2.