10-9-2 DEFINITIONS

Adult Business. An Adult Theater, Adult Cabaret, Adult Motion Picture Theater, Adult Escort Services, Outcall Services, Adult Bookstore, Adult Video Store, Adult Boutique, Adult Novelty Shop or Adult Clothing/Lingerie Store. Adult Bookstores, Adult Novelty Store, Adult Video Store. A business establishment which has 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, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following a. Books, magazines, periodicals or other printed matter; photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations; clothing of any type; the central theme of which depicts, describes, or encourages "specified sexual activities" or "specified anatomical areas," b. Instruments, devices or paraphernalia which are designated for use or marketed primarily in connection with specified sexual activities, except for legitimate medically recognized contraceptives. Adult Cabaret. An establishment which features as a principal use of its business, waiters, waitresses, or bartenders who are in a state of nudity or seminudity, and/or which features on a regular basis entertainers who perform in a state of nudity or semi-nudity. Adult Motion Picture Theater. A business establishment which: a. Holds itself out as such a business; or b. As its principal business, regularly shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." Adult/Sex Oriented Facility or Business. Nude or Semi-Nude Entertainment Businesses and Adult Businesses as defined in this Ordinance. Adult Theater. A theater, concert hall, auditorium, or similar business establishment which: a. Holds itself out as such a business; or b. As its principal business, regularly features persons who appear in live performance in a state of nudity or semi-nudity or which are characterized by the exposure of "specified anatomical areas" or by "specific sexual activities." Distance. All distances discussed herein as they pertain to buffers from other SOBs, churches, schools, parks, and residential zone districts are measured as follows: In a straight line, without regard to intervening structures, from the nearest property line of the school, park, church, residential zone district or other SOB to the nearest property line of the SOB. Escort. Any person who, for pecuniary compensation, dates, socializes, visits, consorts with or accompanies or offers to date, consort, socialize, visit or accompany another or others to or about social affairs, entertainment or places of amusement or within any place of public or private resort or any business or commercial establishment or any private quarters. "Escort" shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship and who provide a service not principally characterized as dating or socializing. Escort Service. An establishment which features as a principal use of its business, for pecuniary compensation, furnishing or offering to furnish escorts, or provides or offers to introduce patrons to escorts. Nude or Semi-Nude Entertainment Business. A business, including an Adult Theater, where employees/entertainers perform or appear in the presence of patrons of the business in a state of nudity or semi-nudity. A business shall also be presumed to be a Nude or Semi-Nude Entertainment Business if the business holds itself out as such a business. Nudity or State of Nudity. A state of dress in which the areola of the female breast, or male or female genitals, pubic region, or anus are covered by less than the covering required in the definition of semi-nude. Obscene. Any material for performance is Obscene if: a. The average person, applying contemporary community standards, finds that, taken as a whole, it is intended, implied, or conceivably sexually oriented. b. It is patently offensive in the description or depiction of Nudity, sexual conduct, sexual excitement, sado-masochistic abuse, or excretion; and c. Taken as a whole, it does not have serious literary, artistic, political or scientific value. Operator. The manager or other natural person principally in charge of an Adult/Sex Oriented Facility or Business. Outcall Services. Escorts and businesses which provide, as any portion of their business, nude or semi-nude services outside of the premises in any place of private resort or private quarters by models, dancers or other similar employees. Semi-Nude. A state of dress in which a person wears opaque clothing covering (1) only the male or female genitals, pubic region, and anus, by an opaque cover that is four inches wide in the front and five inches wide in the back tapering to one inch at the narrowest point, and (2) only the nipple and areola of the female breast, if applicable. Sexually-oriented Business Employees. Those employees who work on the premises of the Adult/sex oriented facility or business in activities related to the sexually-oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees whether or not hired as employees, agents or independent contractors. Employees shall not include individuals whose work is unrelated to the sexually-oriented portion of the business, such as janitors, bookkeepers and similar employees. All persons employed by an outcall service making outcall meetings under this Ordinance, including dancers, escorts, models, guards, drivers, and other similar employees, regardless of the employee's state of dress, shall be considered sexually-oriented business employees. Specified Anatomical Areas. The human male or female pubic area or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the-end -thereof with less than full opaque covering. Specified Sexual Activities. Means: a. Acts of masturbation, human sexual intercourse, or sodomy; or b. Manipulating, caressing or fondling by any person of the genitals of a human, the pubic area of a human, or the breast of a human female; or c. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed. d. Bestiality in any form.