§ 2.5-2. Definitions.

The following terms used in this chapter defining adult entertainment establishments shall have the meanings indicated below:

Adult bookstore means any commercial establishment in which is offered for sale any book or publication, film, or other medium which depicts sexually explicit nudity or sexual conduct by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult business means either:

(1)

Any business other than those expressly specified in this article, where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or

(2)

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

Adult dancing establishment means a business that features dancers displaying or exposing specified anatomical areas.

Adult motion picture theater means an enclosed building with a capacity of fifty (50) or more persons, 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 therein.

Adult mini-motion picture theater means an enclosed building with a capacity for less than fifty (50) persons 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 therein.

Adult hotel or motel means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult motion picture arcade means any place to which the public is permitted or invited 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 to five (5) or fewer persons per machine at any one (1) time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

Adult video store means any establishment having a substantial or significant portion of its stock in trade, video tapes or movies or other reproductions, whether 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 or an establishment with a segment or section, comprising five (5) or more percent of its total floor space, devoted to the sale, rental or display of such material or which derives more than five (5) percent in gross sales or rental income from videos which are characterized or distinguished or relating to specified sexual activities or specified anatomical areas.

Church means a temple or building consecrated to the honor of God or other supreme being and religion; or an assembly of persons united by the profession of the same religious faith, meeting together routinely for religious worship.

Erotic dance establishment means a nightclub, theater, or other establishment which 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.

Encounter center or rap establishment means any business, agency or person who, for any form of consideration or gratuity, provides a place where two (2) or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities, or exposing specified anatomical areas.

Escort bureau or introduction service means any business, agency or person who, for a fee, commission, hare [share] reward or profit furnishes or offers to furnish names or persons who introduces, furnishes or arranges for person who may accompany other persons to or about social affairs, entertainment or places of amusements, or who may consort with others about any places of public resort or within any private quarters.

Good moral character means a person of good moral character according to this chapter if that person has not been convicted of a drug-related or alcohol-related felony or sex-related crime in the past five (5) years.

Minor means any person who has not attained the age of eighteen (18) years.

Specified sexual activities shall include 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 sexual relations, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, pinquerism, sapphism, zooerasty, or masturbation which, to the average person, applying contemporary community standards, taken as a whole, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity or sex; or

(2)

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

(3)

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

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

(5)

Masochism, erotic or sexually oriented torture, beating or the inflicting of pain; or

(6)

Erotic or lewd touching, fondling or other sexual contact with an animal by a human being; or

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

Specified anatomical areas shall include any of the following:

(1)

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

(2)

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

Explicit media outlet means any commercial establishment which has an inventory of goods that is composed of at least fifty (50) percent of books, pamphlets, magazines, or other printed publications, films, or other media which depict sexually explicit nudity or sexual conduct.

Sexually explicit nudity means a state of undress so as to expose the human male or female genitals or pubic area with less that a full opaque covering or the depiction of covered or uncovered male genitals in a discernibly turgid state which to the average person, applying contemporary community standards, taken as a whole, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity or sex.

(Ord. No. 222, § 1, 7-7-98)