Definitions.

As used in this chapter, the following terms shall have the meanings indicated:ADULT ARCADEAny place to which the public is permitted or invited wherein coin-operated 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 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.ADULT BOOKSTOREA commercial establishment which, as one of its business purposes, offers for sale or rental for any form of consideration any one or more of the following:[Amended 12-20-2007 by L.L.

No. 8-2007]A. Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be defined as an adult bookstore or adult video store so long as one of its business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe specified sexual activities or specified anatomical areas.ADULT CABARETA nightclub, bar, restaurant or similar commercial establishment which regularly features:A.

Persons who appear in a state of nudity;B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; orC. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified anatomical areas or specified sexual activities.ADULT MOTELA hotel, motel or similar commercial establishment which:A. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction of description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;B.

Offers sleeping room for rent for a period of time that is less than 10 hours; orC. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.ADULT MOTION-PICTURE THEATERA commercial establishment where for any form of consideration films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.ADULT THEATERA theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.ADULT USESAdult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, nude model studios and sexual encounter centers.ADULT VIDEO STORESee "adult bookstore."ESCORTA person who, for 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 AGENCYA person or business association who furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.ESTABLISHMENTAny of the following:A.

The opening or commencement of any sexually oriented business as a new business.B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.C. The additions of any sexually oriented business to any other existing sexually oriented business.D. The relocation of any sexually oriented business.NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.NUDITYThe appearance of a human bare buttocks, anus, genitals or full female breast.PERSONAn individual, proprietorship, partnership, corporation, association or other legal entity.SEMINUDEA 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.SEXUAL ENCOUNTER CENTERA business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:A.

Physical contact in the form of wrestling or tumbling between persons of the opposite sex; orB. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude.SEXUALLY ORIENTED BUSINESSAn adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.SPECIFIED ANATOMICAL AREASThe male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.SPECIFIED SEXUAL ACTIVITIESAny of the following:A.

The fondling or other erotic 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.D. Excretory functions as part of or in connection with any of the activities set forth in Subsections A, B and C above.STATE OF NUDITYSee "nudity."SUBSTANTIAL ENLARGEMENTThe increase in floor areas occupied by a sexually oriented business by more than 25% of the floor areas as it exists on the effective date of the chapter.TRANSFER OF OWNERSHIP OR CONTROLIncludes any of the following:A.

The sale, lease or sublease of a sexually oriented business.B. The transfer of securities which constitute a controlling interest in a sexually oriented business, whether by sale, exchange or similar means.C. The establishment of a trust, gift or other similar legal device which transfers the ownership or control of a sexually oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.