<div class="chunk-title">Sec. 14-125. - Definitions.</div>
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            <p class="p0">
               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:
               
            </p>
            <p class="p0">
               <span class="ital">Adult arcade</span> means any place to which the public is admitted or invited wherein coin-operated
               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 to persons in booths or viewing rooms where the image is so displaced
               to depict or describe specified sexual activities or specified anatomical areas.
               
            </p>
            <p class="p0">
               <span class="ital">Adult book store</span> or <span class="ital">adult video store</span> means a commercial establishment which:
               
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                  (1)
                  
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                  Receives the majority of its gross income during any calendar month from the sale
                  or rental of any one or more of the following:
                  
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               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  Books, magazines, periodicals or other printed matter or photographs, films, motion
                  pictures, videocassettes or video reproductions, slides, or other visual representations
                  that depict or describe specified sexual activities or specified anatomical areas;
                  or
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
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                  Instruments, devices, or paraphernalia that are designed for use in connection with
                  specified sexual activities;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Has as a preponderance of its inventory:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  Books, magazines, periodicals, or other printed matter or photographs, films, motion
                  pictures, video reproductions, slides, or other visual representations that depict
                  or describe specified sexual activities or specified anatomical areas;
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Instruments, devices, or paraphernalia that are designed for use in connection with
                  specified sexual activities.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Adult cabaret</span> means a nightclub, bar, restaurant, or other commercial establishment that regularly
               features, exhibits or displays, as one of its principle business purposes:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Persons who appear nude or semi-nude;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
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                  Live performances which are characterized by the exposure of specific anatomical areas
                  or by specified sexual activities; or
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Films, motion pictures, videocassettes, slides, or other photographic reproductions
                  which depict or describe specified sexual activities or specified anatomical areas.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Adult establishment</span> means an adult arcade, adult book store, adult video store, adult cabaret, adult
               motel, adult motion picture theater, adult theater, escort agency, nude model studio,
               sexual encounter center, or any combination of the foregoing.
               
            </p>
            <p class="p0">
               <span class="ital">Adult live entertainment</span> means any performance of or involving the presence of real people which exhibits
               specified sexual activities or specified anatomical areas as defined in this section.
               
            </p>
            <p class="p0">
               <span class="ital">Adult motel</span> means a hotel, motel or similar commercial establishment that rents rooms or accommodations
               that:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Offers accommodations to the public for any form of consideration and provides patrons
                  with closed-circuit television transmissions, films, motion pictures, video cassettes,
                  slides, or other photographic reproductions that depict or describe specific sexual
                  activities or specified anatomical areas as one of its principle business purposes;
                  and
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Offers a sleeping room for rent for a period of time that is less than ten hours;
                  or
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of
                  time that is less than ten hours.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Adult motion picture theater</span> means a commercial establishment where, for any form of consideration, films, motion
               pictures, videocassettes, slides, or similar photographic reproductions that depict
               or describe specified sexual activities or specified anatomical areas are regularly
               shown as one of its principle business purposes.
               
            </p>
            <p class="p0">
               <span class="ital">Adult theater</span> means a theater, concert hall, auditorium or similar commercial establishment which
               regularly features, exhibits or displays, as one of its principle business purposes,
               persons who appear in a state of nudity or semi-nude, or live performances that expose
               or depict specified sexual activities.
               
            </p>
            <p class="p0">
               <span class="ital">Conviction</span> means any finding of guilt, a plea of guilty, plea of nolo contendere or any admission
               of responsibility or request for prayer for judgment continued by a defendant in any
               criminal proceeding.
               
            </p>
            <p class="p0">
               <span class="ital">County manager</span> means the duly appointed manager for the county or any person designated by him to
               enforce or administer all or any part of this article.
               
            </p>
            <p class="p0">
               <span class="ital">Employee</span> means any person who performs any service on the premises of an adult establishment
               on a full-time, part-time or contract basis, whether or not the person is denominated
               an employee, independent contractor, agent or otherwise. The term "employee" does
               not include a person exclusively on the premises or for the delivery of goods to the
               premises.
               
            </p>
            <p class="p0">
               <span class="ital">Escort</span> means a person who, for any form of consideration, agrees or offers to act as a date/companion
               for another person or who agrees or offers to model nude or semi-nude or perform any
               strip tease or dance in a nude or semi-nude state for another person.
               
            </p>
            <p class="p0">
               <span class="ital">Licensee</span> means a person in whose name a license to operate an adult establishment has been
               issued or a license to perform adult live entertainment has been issued.
               
            </p>
            <p class="p0">
               <span class="ital">Nude model studio.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "nude model studio" means any place that allows, permits or makes available
                  a nude or semi-nude person for the purpose of being observed, sketched, drawn, painted,
                  sculptured, photographed or similarly depicted by other persons who pay money or some
                  other form of consideration.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "nude model studio" does not include a proprietary school licensed by the
                  state or any properly accredited and bona fide college, junior college or university,
                  public or private, providing art and fine art courses as a part of its educational
                  curriculum.
                  
               </p>
               		
               
            
            <p class="b0">
               Notwithstanding the above, a mother in the act of nursing her baby shall not be deemed
               nude.
               
            </p>
            <p class="p0">
               <span class="ital">Person</span> means an individual, proprietorship, partnership, corporation, association, limited
               liability company, or other legal entity as provided by law.
               
            </p>
            <p class="p0">
               <span class="ital">Public place.</span>
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The term "public place" means any location frequented by the public, or where the
                  public is present or likely to be present, or where a person may reasonably be expected
                  to be observed by members of the public. Public places include, but are not limited
                  to, streets, sidewalks, parks, beaches, business and commercial establishments (whether
                  for profit or not-for-profit and whether open to the public at large or where entrance
                  is limited by a cover charge or membership requirement), bottle clubs, hotels, motels,
                  restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by
                  any religious, social, fraternal or similar organization. A premises used solely as
                  a private residence, whether permanent or temporary in nature, shall not be deemed
                  to be a public place.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  The term "public place" does not include enclosed single sex public restrooms, enclosed
                  single sex functional showers, locker and/or dressing room facilities, enclosed motel
                  rooms and hotel rooms deigned and intended for sleeping accommodations, doctors' offices,
                  portions of hospitals and similar places in which nudity or exposure is necessarily
                  and customarily expected outside of the home. The term "public place" does not include
                  any class or classroom of any accredited and bona fide school, college, or university,
                  public or private, having as a part of its curriculum, courses in the fine arts, including
                  art, sculpture, photography or other similar bona fide courses.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Semi-nude</span> means a state of dress is which clothing covers no more than the genitals, pubic
               region and areola of the female breast, as well as portions of the body covered by
               supporting straps or devices.
               
            </p>
            <p class="p0">
               <span class="ital">Sexual encounter center</span> means a business or commercial enterprise that, as one of its principal business
               purposes, offers, for any form of consideration, physical contact in the form of wrestling
               or tumbling, between persons of the opposite sex, or of the same sex, when one or
               more of the persons is in the state of nudity or semi-nude.
               
            </p>
            <p class="p0">
               <span class="ital">Specified anatomical areas</span> means:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  Less than completely and opaquely covered:
                  
               </p>
               		
               <p class="incr2">
                  a.
                  
               </p>
               		
               <p class="content3">
                  Human genitals, pubic region;
                  
               </p>
               		
               <p class="incr2">
                  b.
                  
               </p>
               		
               <p class="content3">
                  Buttocks; or
                  
               </p>
               		
               <p class="incr2">
                  c.
                  
               </p>
               		
               <p class="content3">
                  Female breasts below a point immediately above the top of the areola.
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Human male genitals in a discernably turgid state, even if completely and opaquely
                  covered.
                  
               </p>
               		
               
            
            <p class="p0">
               <span class="ital">Specified sexual activities</span> includes any of the following:
               
               <p class="incr1">
                  (1)
                  
               </p>
               		
               <p class="content2">
                  The fondling or other erotic touching of human genitals, pubic region, buttocks, anus,
                  or female breasts;
                  
               </p>
               		
               
               <p class="incr1">
                  (2)
                  
               </p>
               		
               <p class="content2">
                  Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation,
                  or sodomy;
                  
               </p>
               		
               
               <p class="incr1">
                  (3)
                  
               </p>
               		
               <p class="content2">
                  Masturbation, actual or simulated; or
                  
               </p>
               		
               
               <p class="incr1">
                  (4)
                  
               </p>
               		
               <p class="content2">
                  Excretory functions as part of or in connection with any of the activities set forth
                  in this definition.
                  
               </p>
               		
               
            
            <p class="historynote0">
               (Code 1993, Â§ 14-105; Ord. of 2-21-1995, Â§ 1)
               
            </p></div>