§ 14-256. Definitions.

For the purposes of this article and unless the context plainly requires otherwise, the following definitions are adopted:

Adult entertainment business means any enterprise to which the public, patrons or members are invited or admitted, and where providing "adult entertainment" as defined herein, is a portion of its business;

(1)

Adult motion picture theater means an establishment containing a room with seats facing a screen or projection area, where a regular and substantial business purpose is the exhibition to customers of films, videotapes, DVDs, or motion pictures which are intended to provide sexual stimulation or sexual gratification to the customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

(2)

Body painting studio means an establishment where a regular and substantial business purpose is the maintaining, operating, or offering for compensation the applying of paint or other substance to or on the human body by any means of application, technique or process when the subject's body is displaying for the customer's view "specified anatomical areas."

(3)

Bath house means an enterprise where a regular and substantial business purpose is offering baths with other persons present who are nude or displaying "specified anatomical areas."

(4)

Adult motel means an enterprise where a regular and substantial business purpose is offering public accommodations for consideration for the purpose of viewing closed circuit television transmissions, films, motion pictures, video cassettes, DVDs, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" and/or rents room accommodations for less than six (6) hours at a time.

(5)

Adult entertainment can also mean any live exhibition, performance, display or dance of any type, conducted in an "adult entertainment business" including but not limited to, posing or serving food or beverages or soliciting for the sale of food, beverages or entertainment or pantomiming or modeling or removal of clothing on an adult entertainment business premises where such exhibition, performance, display or dance is intended to seek to arouse or excite the sexual desires of the entertainer, other entertainers or patrons or members, and such exhibition, performance, display or dance is characterized by emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons or members.

Employee means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult entertainment business.

Entertainer means any person who provides adult entertainment within an adult entertainment business as defined in this section, whether or not a fee is charged or accepted for entertainment.

Manager means any person who manages, directs, administers, or is in charge of the affairs and/or conduct of any portion of an activity at an adult entertainment business.

Operator means any person operating, conducting or maintaining an adult entertainment business.

Patron means any individual who may be described as, but not limited to, the following: A customer, client, guest, member, observer or private club member, while on the premises of an adult entertainment business.

Person means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.

Premises means any place of business of an adult entertainment business, including the entire lot and building occupied by the adult entertainment business, any tent, awning, mobile home, trailer, recreational vehicle, or other temporary structure or mobile facility occupied by the adult entertainment business, and any other property owned, leased or controlled by the adult entertainment business, including any parking areas adjacent to the business which are regularly utilized by employees, entertainers, servers, managers or customers of such business.

Public place means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or not.

Server means any person who serves food or drink at an adult entertainment business.

Sex offender means any individual who has been sentenced for committing a sexual offense, has a past conviction for an offense involving sexually deviant behavior, has displayed sexually deviant behavior in the commission of any offense, or has admitted committing sexually deviant behavior.

Specified anatomical area means:

(1)

Human male or female genitals or pubic area with less than a fully opaque covering; or

(2)

Human buttocks including any portion of the anal cleft or cleavage of the male or female buttocks with less than a fully opaque covering; or

(3)

The female breast or breasts below a point immediately above the top of the areola encircling the nipple with less than a fully opaque covering, or any combination of the foregoing; or

(4)

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

Specified sexual activities means sexual conduct, being actual or simulated, acts of human masturbation; sexual intercourse; or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, pubic area, buttocks, or the breast of a female; or any sadomasochistic abuse or acts including animals or any latent object in an act of apparent sexual stimulation or gratification.

(Ord. No. 11743, § 1, 2-6-2006; Ord. No. 11950 § 1, 2-7-2011)