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

“Adult Bookstore” or “Adult Video Store” means a commercial establishment which:

a. excludes minors from more than fifteen percent (15%) of the retail floor or shelf space of the premises; or

b. as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia which are designated for use in connection with specified sexual activities, except for legitimate medically recognized contraceptives.

“Adult Business” means an adult motion picture theater, adult theater, adult bookstore, or adult video store.

“Adult Motion Picture Theater” means a commercial establishment which:

a. excludes minors from the showing of two (2) consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or

b. as its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas.

“Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment which:

a. holds itself out as such a business; or

b. excludes minors from the showing of two (2) consecutive exhibitions (repeated performances of the same presentation shall not be considered a consecutive exhibition); or

c. as its principal business, features persons who appear in live performances in a state of semi-nudity or which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

“Employ” means hiring an individual to work for pecuniary or any other firm of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.

“Escort” means any person who, for pecuniary compensation, dates, socializes, visits, consorts with, or accompanies or offers to date, consort, socialize, visit, or accompany another or others to or about social affairs, entertainment, or places of amusement, or within any place of public or private resort or any business or commercial establishment or any private quarters. “Escort” shall not be construed to include persons who provide business or personal services such as licensed private nurses, aides for the elderly or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than twelve (12) hours and who provide a service not principally characterized as dating or socializing. “Escort” shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one (1) hour.

“Escort Service” means an individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

“Escort Service Runner” means any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort service, escort, or patron by contacting or meeting with escort services, escorts, or patrons at any locations within the city, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.

“Operator” means the manager or other natural person principally in charge of a sexually-operated business.

“Outcall Services” means services of a type performed by a sexually-oriented business employee outside of the premises of the licensed sexually-oriented business, including but not limited to escorts, models, dancers and other similar employees.

“Patron” means any person who contracts with or employs any escort services or escort of the customer of any business licensed pursuant to this chapter.

“Pecuniary Compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.

“Person” means any person, unincorporated association, corporation, partnership, or other legal entity.

“Semi-nude” means a state of undress in which:

a. fully opaque clothing completely covers the human female breast below a point immediately above the top of the areola; and

b. the male or female genitals, pubic region, buttocks, and anus, are covered by fully opaque clothing no narrower than four inches (4") wide in the front and five inches (5") wide at the back, which shall not taper to less than one inch (1") wide at the narrowest point.

“Semi-nude Dancing Agency” means any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for adult theaters.

“Semi-nude Entertainment Business” means a business, including adult theater, where employees perform or appear in the present of patrons of the business in a state of semi-nudity. A business shall also be presumed to be a semi-nude entertainment business if the business holds itself out as such a business.

“Sexually-oriented Business” means semi-nude entertainment businesses, sexually-oriented outcall services, adult businesses, and semi-nude dancing agencies, as defined by this chapter.

“Sexually-oriented Business Employees” means those employees who work on the premises of a sexually-oriented business in activities related to the sexually-oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. Employees shall not include individuals whose work in unrelated to the sexually-oriented portion of the business, such as janitors, bookkeepers, and similar employees. Sexually-oriented business employees shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar employees, shall be considered sexually-oriented business employees.

“Specified Anatomical Areas” means:

a. The human male or female pubic area, genitalia, buttocks, or anus; or the human female breast below a point immediately above the top of the areola.

“Specified Sexual Activities” means:

a. Acts, whether real or simulated, of:

i. masturbation,

ii. human sexual intercourse,

iii. sodomy,

iv. fellatio,

v. cunnilingus, or

vi. bestiality.

b. Manipulating, caressing, or fondling, or simulating the manipulation, caressing, or fondling of any person of:

i. the genitals of a human,

ii. the pubic area of a human,

iii. any part of the breast or breasts of a human female; or

iv. any part of the human buttocks or anus.

c. Actual or simulated sadomasochistic acts, flagellation, or torture by or upon a person clad in undergarments, a mask or bizarre costume, or in the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.

d. The actual or simulated display of human male genitalia in a discernibly turgid state, even if completely and opaquely covered. (Ord. 99-19, adopted, 2000)