3-8-2: DEFINITIONS:
For the purposes of this chapter, the following terms and words are defined as follows:
EMPLOYEE: A person who works or performs in and/or for 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.
ESTABLISHMENT: Means and includes any of the following:
A. The opening or commencement of any business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any of the “sexually oriented businesses” defined in this section;
C. The addition of any of the “sexually oriented businesses” defined in this chapter to any other existing sexually oriented business; or
D. The relocation of any such sexually oriented business.
NUDITY, NUDE OR STATE OF NUDITY:
A. The appearance of human bare buttock, 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 a human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast.
OPERATOR: The owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED PREMISES OR LICENSED PREMISES: Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE OR LICENSEE: 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 an applicant on the application for a permit and/or license.
PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.
PUBLIC BUILDING: Any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
PUBLIC PARK: Public land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian or bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation or management of the city. Public park does not include a public square.
PUBLIC SQUARE: Property owned and maintained by the city that has been designated as a public square and is open for public use as provided in this chapter.
RELIGIOUS INSTITUTION: Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
RESIDENTIAL DISTRICT OR RESIDENTIAL USE: Except with regard to caretaker residences in a commercial or manufacturing zone, a single-family, duplex, townhouse, multifamily or mobile home park, development or subdivision and campgrounds, and single-family, duplex, townhouse, multifamily, or mobile home uses, all as defined under city ordinances.
SCHOOL: Any public or private educational facility, including, but not limited to, child daycare 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, junior colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort, escort agency or seminude model studio.
SEXUALLY ORIENTED BUSINESSES: Those businesses defined as follows:
ADULT ARCADE: An establishment where, for any form of consideration, one (1) or more still or motion picture projectors, slide projectors or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are regularly used to show 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.”
ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE: 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 or rental, for any form of consideration, of any one (1) or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”;
B. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing “specified sexual activities” or “specified anatomical areas”, and still be categorized as an 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 (1) of its principal business purposes is offering for sale, rental or viewing, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities”.
ADULT CABARET: A nightclub, bar, restaurant, “bottle club,” or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
A. Persons who appear nude or in a state of nudity or seminude;
B. Live performances which are characterized 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.”
ADULT MOTEL: 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, 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” 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; or
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 subrent the sleeping room for a time period of less than ten (10) hours.
ADULT MOTION PICTURE THEATER: A commercial establishment where films, 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.
ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear seminude or live performances which are characterized by “specified sexual activities”.
ESCORT: A person who, for any form of 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.
ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its primary business purposes for a fee, tip or other consideration.
MASSAGE PARLOR: Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electronic or magnetic treatments, or any other treatment whereby manipulation of the human body occurs as a part of or in connection with “specified sexual activities,” or where any person providing such treatment, manipulation or service related thereto, exposes his or her “specified anatomical areas.” The definition of “sexually oriented businesses” shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, osteopath, physical therapist or massage therapist not engaged in the above, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, osteopath or physical therapist, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.
SEMINUDE MODEL STUDIO: Any place where a person, who regularly appears seminude, is provided for money or any form of consideration, to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
SEXUAL ENCOUNTER ESTABLISHMENT: A business or commercial establishment, that as one (1) of its primary business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate or consort for the purpose of “specified sexual activities” or activities when one (1) or more of the persons is seminude. The definition of “sexually oriented businesses” shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SPECIFIED ANATOMICAL AREAS: Any of the following:
A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES: Any of the following:
A. The fondling or other intentional 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; or
D. Human genitals in a state of sexual stimulation, arousal or tumescence;
E. Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: Increase in the floor area or wall area occupied by the business by more than fifteen percent (15%), as the floor area and wall area exist on the effective date hereof.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Any of the following:
A. The sale, lease or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means;
C. The establishment of 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. (Ord. 11-5-1999, 11-18-1999; amd. Ord. 2017-04-002, 4-6-2017)