§ 3.05.020. Definitions.

For the purpose of this chapter, the words and phrases used herein shall have the following meanings unless otherwise clearly indicated by the context:

(a)

"Adult entertainment establishment" means any commercial establishment which is an adult bookstore, adult motion picture theater, adult hotel, or adult motion picture arcade as defined herein.

(b)

"Adult bookstore" or "adult video store" means an establishment which as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1)

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

(2)

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities." A commercial establishment may have other principal 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 categorized as "adult bookstore" or "adult video store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas" (as defined below).

(c)

"Adult motion picture theater" means an enclosed building designed for five or more patrons used for presenting any material distinguished or characterized by an emphasis on matters depicting, or relating to "specified sexual activities" or "specified anatomical areas" (as defined below) for observation of patrons therein. The term does not include an adult hotel as defined below.

(d)

"Adult motion picture arcade" means any place at which slug or coin operated, electronically or mechanically controlled, still or motion picture machines, projector or other image producing devices are maintained to show images to five or fewer persons per machine at any time, and which presents material which is distinguished or characterized by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas" (as defined below) for observation by patrons therein. The term does not include an adult hotel as defined below.

(e)

"Adult hotel" means a hotel or motel wherein a substantial or significant portion of the material presented over image-producing devices within individual rooms, that are occupied by guests, are distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas" (as defined below).

(f)

"Employee" means any and all persons, including independent contractors who work in or at or render any services directly related to the operation of an adult entertainment establishment but shall not include independent contractors indirectly related to such operation such as janitorial services, construction, maintenance, pest control, and trash removal.

(g)

"Specified anatomical areas" means the following:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Anal cleft or cleavage of the buttocks; and female breasts below a point immediately above the top of the areola;

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(h)

"Specific sexual activities" means the following:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts with the intent to arouse or gratify the sexual desires of the entertainer, employer, or customer.

(i)

"Person" means any person, partnership or corporation or joint venture.

(j)

"Operator" means any person operating, conducting or maintaining an adult entertainment establishment.

(k)

"Morals charge" includes those charges involving prostitution, pimping or promoting prostitution, indecent exposure, illegal use, possession or sale of narcotic or nonnarcotic drugs, sodomy, lewd and lascivious behavior, sexual battery, indecent liberties with a child, incest, bigamy and crimes against nature.

(l)

"Diversion" or "diversion agreement" means any formal referral of a defendant in a criminal case to a supervised performance program which upon successful completion results in the dismissal of the charges or complaint which is authorized pursuant to the laws of any city, state, or of the United States.

(Ord. No. 41-431 § 1)