§ 18-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Achromatic means colorless. The color gray shall be considered "achromatic," but the colors white and black shall be excluded from the definition of "achromatic."

Adult bookstore means an establishment whose major business is the offering to customers of books, magazines, films or videotapes (whether for viewing off the premises or on the premises by use of motion picture machines or other image-producing devices), periodicals or other printed or pictorial materials which are intended to provide sexual stimulation or sexual gratification to such customers, and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas.

Adult cabaret means an establishment whose major business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult encounter parlor means an establishment whose major business is the provision of premises where customers either congregate, associate or consort with employees or lifelike simulacrums, such as automatons, dolls, models and robots, who engage in or are used for specified sexual activities with or in the presence of such customers, or who display specified anatomical areas in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.

Adult modeling studio means an establishment whose business is the provision, to customers, of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in specified sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted by such customers.

Adult movie theater means an establishment, containing a room with tiers or rows of seats facing a screen, or projection area, whose business is the exhibition for customers of motion pictures which are intended to provide sexual stimulation or sexual gratification to such customers and which are distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Advertise means to seek the attraction of or to direct the attention of the public to any goods, services or merchandise whatsoever.

Church or place of worship means a building located within or without the city in which persons regularly assemble for religious worship, intended primarily for purposes connected with such worship, or for propagating a particular form of religious belief.

Commercial enterprise means an establishment, owned or operated by any entity, which invites customers onto its premises and which is operated for profit.

Commercial multiunit center means a building or structure (including a shopping mall or strip shopping center) containing three or more commercial enterprises, each of which occupies an enclosed area having its own door or entranceway opening onto public property, a public way or a common area.

Customer means any person who:

(1)

Is allowed to enter an establishment in return for the payment of an admission fee or any form of consideration or gratuity; or

(2)

Enters an establishment for the purpose of purchasing or renting a commodity or service therein.

Display surface means the entire surface of a sign, on one side, devoted to exhibiting advertising. The display surface shall not include the sign frame and incidental supports thereto.

Employee means any person who renders any service whatsoever to the customers of an establishment regulated by this chapter or who works in or about such an establishment and who receives compensation for such service or work from the operator or owner of such establishment or from the customers therein.

Entertainment means any act or performance such as a play, skit, reading, revue, pantomime, scene, song, dance, musical rendition or striptease, whether performed by employees or customers. The term "entertainment" shall also mean bartenders, waiters or other employees exposing specified anatomical areas or engaging in specified sexual activities in the presence of customers.

Existing means in operation on the effective date of Ordinance No. 91-30.

Exterior portion means any part of the physical structure of an establishment regulated by this article including a wall, veneer, door, fence, roof, roof covering or window, which is visible from any public way or public property.

Operator means the manager or other person principally in charge of an establishment regulated by this article.

Residential means pertaining to the use of land for premises such as homes, townhouses, patio homes, mobile homes, duplexes, condominiums and apartment complexes, which contain habitable rooms for nontransient occupancy and which are designated primarily for living, sleeping, cooking and eating therein. Hotels, motels, boardinghouses, nursing homes, hospitals, nursery schools and child day care facilities shall not be considered to be residential.

School means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term "school" is limited to public and private schools used for primary and secondary education.

Sexually oriented commercial enterprise or enterprise means an adult bookstore, adult cabaret, adult encounter parlor, adult modeling studio, adult movie theater or any establishment whose business may include the offering to customers of a product or service which is intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The terms "sexually oriented commercial enterprise" and "enterprise" shall not be construed to include:

(1)

Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists or licensed barbers performing functions authorized under the licenses held;

(2)

Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; or

(3)

Any retail establishment whose major business is the offering of wearing apparel for sale to customers.

Sign means any display, design, pictorial or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of an establishment regulated by this article and is used for advertising such establishment. The term "sign" shall also include such representations painted on or otherwise affixed to any exterior portion of an establishment regulated by this article as well as such representations painted on or otherwise affixed to any part of the tract upon which such an establishment is situated.

Specified anatomical areas means and includes any of the following:

(1)

Less than completely and opaquely covered:

a.

Genitals, pubic region, pubic hair;

b.

Buttocks;

c.

Human breasts, or lifelike simulacrums, below a point immediately above the top of the areola; or

(2)

Human male genitals, or lifelike simulacrums, in a discernibly erect state, even if completely and opaquely covered.

Specified sexual activities means:

(1)

Genitals in a discernible state of sexual stimulation or arousal;

(2)

Masturbation, actual or simulated; or

(3)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(4)

Fondling or other erotic touching of anatomical areas including genitals, pubic region or pubic hair, buttocks, anus or breasts;

(5)

Excretory functions as part of or in connection with any of the activities set forth in items (1) through (4) above.

Tract means a parcel of land under common ownership located within or without the city.

(Code 1977, § 16½-1; Ord. No. 2018-22, § 1(Exh. A), 10-15-18)

Cross reference

Definitions generally, § 1-2.