A. Any of the following:
(1) A use of a building or land for a business which has obscene materials as a substantial or significant portion of its stock-in-trade.
(2) Any nightclub, bar, restaurant, arcade, theater, or any other establishment that conducts live performances as a principal part of its business that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videocassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or where any specified sexual activities are conducted for economic gain or any other form of consideration.
(3) Any of the following as defined in this
Article III: Terminology:
(a) Adult arcade.
(b) Adult bookstore or adult video store.
(c) Adult live entertainment use or facility.
(d) Adult motel.
(e) Adult motion-picture theater.
(f) Adult theater.
(g) Escort agency.
(h) Massage parlor.
(i) Nude model studio.
(j) Sexual encounter center.
B. Additional definitions associated with adult business include:
(1) ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images of 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. An adult arcade shall be considered an adult business for regulation by this chapter.
(2) ADULT BOOKSTORE or ADULT VIDEO STORE
(a) A commercial establishment which, as one of its principal business purposes or as a substantial part of its business, 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, video, or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
[2] Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(b) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
(c) The term "adult bookstore" shall include but not be limited to an adult video store, and all such uses shall be considered an adult business for regulation by this chapter.
(3) ADULT LIVE ENTERTAINMENT USE OR FACILITY
(a) A commercial use (including, but not limited to, a use selling food or beverages) including live entertainment involving:
[1] Persons (which may include, but is not limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) appearing in a state of nudity;
[2] Live performances which are characterized by the exposure of specified anatomical areas or simulated or actual 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.
(b) An adult entertainment use or facility shall be considered an adult business for regulation by this chapter.
(4) ADULT MOTEL
(a) A hotel, motel or similar commercial establishment which:
[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.
[2] Offers sleeping rooms for rent three or more times in one calendar day.
(b) An adult motel shall be considered an adult business for regulation by this chapter.
(5) ADULT MOTION PICTURE THEATER
A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. An adult motion-picture theater shall be considered an adult business for the purpose of this chapter.
(6) ADULT THEATER
A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas. An adult theater shall be considered an adult business for regulation by this chapter.
(7) ESCORT
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.
(8) ESCORT AGENCY
A person or business association or establishment which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. An escort agency shall be considered an adult business for regulation by this chapter.
(9) MASSAGE
Pressing, squeezing, stretching, or stimulating the face, scalp, neck, limbs, or other parts of the human body with or without cosmetic preparation, either by hand, or with mechanical or electrical appliances.
(10) MASSAGE PARLOR
A person or business association or establishment which furnishes, offers to furnish or advertises to furnish as one of its primary business purposes for a fee, tip or other consideration, a massage which involves the exposure of any specified anatomical areas. A massage parlor shall be considered an adult business for regulation by this chapter.
(11) NUDE MODEL STUDIO
Any place, which is not excepted by
§ 400-56: Adult businesses, 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 pay money or any form of consideration. A nude model studio shall be considered an adult business for regulation by this chapter.
(12) NUDITY or A STATE OF NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering or any portion thereof below the top of the areola.
(13) OBSCENE MATERIALS
Any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes any specified sexual activities and/or specified anatomical areas.
(14) SEXUAL ENCOUNTER CENTER
A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration 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. A sexual encounter center shall be considered an adult business for regulation by this chapter.
(15) SPECIFIED ANATOMICAL AREAS
Any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts below a point immediately above the top of the areola.
(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(16) SPECIFIED SEXUAL ACTIVITIES
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.
(d) Excretory functions as part of or in connection with any of the activities set forth in Subsection B(16)(a), (b) and (c) of this definition, above.