19.23.02 Definitions

For purposes of this Chapter, the following terms shall have the meanings defined in this Section: 1. “Historic building or site” means a building or site found on either the national or state historic registers, or the City register of cultural and historic resources. 2. “Park” means a park, playground, swimming pool, golf course, or athletic field within the City whether public or private. 3. “Religious institution” means a building which is used primarily for religious worship and related religious activities. 4. “School”: a. means an institution of learning or instruction primarily catering to minors, whether public or private, which is licensed as such a facility either by the City or the State; and b. includes licensed pre-schools, day care centers, elementary schools, charter schools, junior high schools, senior high schools, or any special institution of learning under the jurisdiction and licensing control of the State of Utah, but not including trade schools, charm schools, dancing schools, music schools, or similar limited schools, nor public or private universities or colleges. 5. “Sexually oriented business” means: a. any store, establishment, tavern, club, or theater having as more than thirty percent of its stock in trade, books, magazines, or other periodicals or video movies, films, photographs, live appearances, or performances which are distinguished or characterized by their emphasis on matters depicting, describing, or related to specific anatomical areas or specified sexual activities, as defined below; or b. any establishment or premises having a substantial or significant portion of its trade, the display, barter, rental, or sale of printed matter, pictures, graphics, or other materials or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing, or relating to specific anatomical areas or specified sexual activities as defined hereinafter; or c. any sexually oriented business premises, as defined hereafter, including adult bookstores, adult entertainment shows, adult motion picture theaters, and adult arcades. 6. “Sexually oriented business premises” means any premises to which the public, patrons, or members are invited or admitted and wherein an entertainer provides sexually oriented adult entertainment or other sexually oriented business activities on a regular basis and as a substantial part of the business operation. 7. “Specified anatomical areas” means any of the following: a. less than completely or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola; or b. human male genitals in a discernibly turgid state even if completely or opaquely covered. 8. “Specified sexual activities” means: a. human genitals in a state of sexual stimulation or arousal; b. acts of human masturbation, sexual intercourse, or sodomy; or c. fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.