§ 21.15.110. Adult entertainment business.

"Adult entertainment business" refers to any use defined in this Section.

A.

"Adult bookstore" means an establishment having twenty percent (20%) or more of its stock in trade in books, magazines and other periodicals, videotapes or other similar materials on display or available for sale or viewing on the premises which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

B.

"Adult mini motion picture theater" means an enclosed building with a capacity for less than fifty (50) persons, which is used for presenting, on a regular and substantial basis, material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons in the facility.

C.

"Adult motion picture arcade" means any place to which the public is permitted or invited and where coin 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 on a regular and substantial basis, where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specific sexual activities or specified anatomical areas.

D.

"Adult motion picture theater" means an enclosed building with a capacity of fifty (50) or more persons, which is used for representing on a regular and substantial basis, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons in the facility.

E.

"Cabaret" means a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, exotic dancers, strippers, wrestlers, or similar entertainers, and where such performances are distinguished or characterized by an emphasis on specified sexual activities or display specified anatomical areas.

F.

"Model studio" means any premises on which there is conducted any business where, for any fee, compensation, consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by persons paying such consideration or gratuity. For the purposes of this Section, "model studio" shall not be deemed to include:

1.

Any art studio or art gallery maintaining a business license in the City where the activity described in this Subsection is carried on as an activity that is accessory to the principal use, provided that the operator complies with the additional conditions and specifications as set forth in Chapter 21.51 entitled "Accessory Uses"; or

2.

Live nude art drawing or painting, or classes related thereto, that are conducted at an educational institution such as a private or public school, vocational school, college, or university qualified by the State Board of Education to give general academic instruction.

G.

"Sexual encounter center" means any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

H.

For the purposes of this Section, "specified anatomical areas" include the human male or female genitals, pubic hair, anus, cleft of the buttocks, or vulva with less than a fully opaque covering and/or covered male genitals in a turgid state. This provision may not be complied with by applying an opaque covering simulating the appearance of the specific anatomical part required to be covered.

I.

For the purpose of this Section, "specified sexual activities" include:

1.

Actual or simulated sexual intercourse, anal intercourse, oral or anal copulation, bestiality, pedophilia, necrophilia, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or the use of excretory functions in the context of a sexual relationship; or

2.

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

3.

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

4.

Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being; or

7.

Human erection, urination, menstruation, vaginal or anal irrigation.

J.

For the purpose of this Section, "regular and substantial basis" means presenting such material on four (4) or more days within any calendar month. Presenting such material on three (3) or fewer nonconsecutive days within a calendar month with at least seven (7) days between the days the material is presented shall be deemed occasional or incidental and not a violation. However, presenting such material on consecutive days or with less than a seven (7) day interval between showings is a violation. An establishment under one ownership or management at one (1) location shall be considered one (1) "business" even though there may be more than one (1) screening room or viewing room at that location.

( ORD-18-0018 § 2, 2018; ORD-12-0018 (Emerg.), § 5, 2012; Ord. C-7961 § 1, 2004; Ord. C-7274 § 2, 1994: Ord. C-7064 § 1, 1992; Ord. C-6684 §§ 11, 12, 1990; Ord. C-6533 § 1 (part), 1988)