§ 7.92.020. Definitions.

For purposes of this chapter, the following words and terms shall have the following meanings:

A.

"Adult bookstore" means any establishment, which as a substantial or significant course of conduct displays and/or distributes adult merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

B.

"Adult business" includes the following:

1.

Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature;

2.

Any business which, as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature;

3.

Any business selling, renting, or displaying sexually oriented devices intended for use in the specified sexual activities described herein.

4.

Any business conducted for the entertainment of adults wherein an employee, patron, or any other person engages in or is shown the specified sexual activities described herein or exhibits or engages in partial or total nudity or otherwise exposes the specified anatomical areas described herein;

5.

Any business which, as a substantial or significant portion of its business, provides live or filmed entertainment wherein the specified anatomical areas described herein are exposed.

C.

"Adult cabaret" means a nightclub, bar, restaurant or similar establishment which features any type of live entertainment which is distinguished or characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

D.

"Adult hotel or motel" means a hotel or motel which:

1.

As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit television, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or

2.

Rents, leases, or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.

E.

"Adult material" means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video tape recording, or other visual representation which is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

F.

"Adult merchandise" means sex-oriented implements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated or battery operated vaginas, and similar sex-oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sadomasochistic activity.

G.

"Adult motion picture arcade" means any establishment containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still or motion picture or video tape machines, projectors, players or other image producing devices that are maintained to display images to five or fewer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

H.

"Adult motion picture theater" means any business establishment which projects and presents motion pictures, video tape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

I.

"Adult theater" means a theater, concert hall, dance hall, auditorium, or similar establishment which features live performances which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

J.

"Day" means business day, unless otherwise specified.

K.

"Individual viewing area" means a viewing area designed for occupancy by one person.

L.

"Owner" or "licensee" means:

1.

The sole proprietor of an adult business; or

2.

Any general partner of a partnership which owns or operates an adult business; or

3.

The owner of a controlling interest in a corporation which owns or operates an adult business; or

4.

The person designated in writing by the officers of a corporation to be the licensee for an adult business owned or operated by the corporation.

M.

"Premises" means the building occupied by an adult business, or the space in a building occupied by an adult business if the business does not occupy the entire building.

N.

"Specified anatomical areas" include any of the following, whether actual or simulated:

1.

Less than completely and opaquely covered:

a.

Human genitals or pubic region,

b.

Buttocks,

c.

Female breast below a point immediately below the top of the areola; or

2.

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

O.

"Specified sexual activities" include any of the following:

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 a sexual relationship, or the use of excretory functions in the context of sexual relationships; 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 excretion, urination, menstruation, vaginal or anal irrigation.

P.

"Substantial or significant" means:

1.

Devoting more than 25 percent of total display area to the display of adult material or adult merchandise; or

2.

Presenting any type of live entertainment characterized by an emphasis on specified sexual activities or specified anatomical areas, or performers, models or employees appearing in public in lingerie on any four or more separate days within any period of 30 consecutive calendar days; or

3.

Deriving at least 50 percent of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(Ord. 2003-0067 § 31, 2003.)