§ 22-1. Definitions.

(a)

Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult motion picture theater, adult theater, or sexual encounter center.

(b)

Adult arcade means any place to which the public is permitted or invited wherein coin-operated, slug-operated, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images depicting or describing specified sexual activities or specified anatomical areas.

(c)

Adult bookstore or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental any one or more of the following:

(1)

Books, magazines, periodicals, other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe specified sexual activities; or specified anatomical areas; or

(2)

Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

(d)

Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(e)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or conduct live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

(f)

Principal business purposes means that the business enterprise operated on the premises generates at least twenty-five (25) per cent of its gross sales from sexually oriented business activities.

(g)

Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(1)

Physical contact in the form of wrestling or tumbling between persons of the opposite sex who are in a state of nudity or seminudity; or

(2)

Specified sexual activities, actual or simulated, between persons of the opposite sex and/or persons of the same sex.

A business purpose exists if the services offered are intended to generate business income.

(h)

Specified anatomical areas means:

(1)

The human male genitals in a discernibly turgid state, even if fully and opaquely covered;

(2)

Less than completely and opaquely covered human (male or female) genitals, public region, buttocks, or a female breast below a point immediately above the top of the areola.

(i)

Specified sexual activities means and includes any of the following:

(1)

The fondling or other erotic touching of human (male or female) genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;

(2)

Any sex acts, actual or simulated, including intercourse, oral copulation, or sodomy;

(3)

Masturbation, actual or simulated; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

(Ord. No. 528, 11-11-03)