<div class="chunk-title">Sec. 24-27. - Definitions.</div>
<div class="chunk-content">
            <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 bookstore</span> means a bookstore:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Which receives a majority of its gross income during any calendar month from the sale
                  or rental of publications (including; books, magazines, which are distinguished or
                  characterized by their emphasis on matter depicting, describing, or relating to specific
                  sexual activities or specified anatomical areas, as defined in this section or other
                  periodicals, videotapes, compact discs, other photographic, electronic, magnetic,
                  digital, or other imaging medium).
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Having as a preponderance (either in terms of the weight and importance of the material
                  or in terms of greater volume of materials) of its publications, including books,
                  magazines, other periodicals, videotapes, compact discs, other photographic, electronic,
                  magnetic, digital, or other imaging medium, which are distinguished or characterized
                  by their emphasis on matter depicting, describing, or relating to specified sexual
                  activities or specified anatomical areas, as defined in this section.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Adult cabaret</span> means a nightclub, bar, restaurant, or similar commercial establishment that on a
               regular, sporadic, or transient basis features:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Persons who appear in a state of nudity or semi-nudity;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Live performances that are characterized by the exposure of "specified anatomical
                  areas" or "specified sexual activities";
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Films, motion pictures, video cassettes, slides, or other photographic reproductions
                  that are characterized by the depiction or description of "specified sexual activities"
                  or "specified anatomical areas"; or
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Persons who engage in erotic dancing or performances that are intended for the sexual
                  interests or titillation of an audience or customers.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Adult establishment</span> means an adult bookstore, adult cabaret, adult motel, adult motion picture theater,
               adult mini motion picture theater, escort agency, exotic car wash, exotic maid service,
               nude modeling studios, sexual encounter center or any other sexually oriented business
               that is similar in nature or intent to any other adult entertainment business as defined
               in this section.
               </p>
            <p class="p0">
               <span class="ital">Adult live entertainment</span> means any performance of or involving the actual 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 live entertainment business</span> means any establishment or business wherein adult live entertainment is shown for
               observation by patrons. This shall apply whether the entertainment is presented on
               a regular, sporadic, or transient basis.
               </p>
            <p class="p0">
               <span class="ital">Adult motel</span> means a hotel, motel or similar commercial establishment that:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Offers accommodation 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 are characterized by the depiction
                  or description of "specific sexual activities" or "specified anatomical areas" and
                  has a sign visible from the public right-of-way that advertises the availability of
                  this adult type of photographic reproductions;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Offers a sleeping room for rent for a period of time that is less than 24 hours; or
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Allows a tenant or occupant of a sleeping room to subrent the room for a period of
                  time that is less than 24 hours.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Adult mini motion picture theater</span> means an enclosed building with viewing booths designed to hold patrons which is
               used for presenting motion pictures, a preponderance of which are distinguished or
               characterized by an emphasis on matter depicting, describing or relating to specified
               sexual activities or specified anatomical areas as defined in this section, for observation
               by patrons therein.
               </p>
            <p class="p0">
               <span class="ital">Adult motion picture theater</span> means an enclosed building or premises used for presenting motion pictures, a preponderance
               of which are distinguished or characterized by an emphasis on matter depicting, describing,
               or relating to specified sexual activities or specified anatomical areas, as described
               in this section, for observation of patrons therein.
               </p>
            <p class="p0">
               <span class="ital">County</span> means the County of Halifax, North Carolina.
               </p>
            <p class="p0">
               <span class="ital">County manager</span> means the chief administrative county official, or his designee for the purpose of
               this article. The county manager is responsible for the enforcement of this article.
               </p>
            <p class="p0">
               <span class="ital">Employee</span> means a person who performs service on the premises of a sexually oriented business
               on a full time, part time, contract basis, or independent basis, whether or not the
               person is denominated an employee, independent contractor, agent, or otherwise, and
               whether or not the person is paid a salary, wage, or other compensation by the operator
               of such business. "Employee" does not include a person exclusively on the premises
               for repair or maintenance of the premises or equipment on the premises, or for the
               delivery of goods to the premises, nor does "employee" include a person exclusively
               on the premises as a patron or customer.
               </p>
            <p class="p0">
               <span class="ital">Enlargement of a sexually oriented business</span> means the increase in floor areas occupied by the business by more than ten percent,
               as the floor areas exist at the time of the effective date of this article.
               </p>
            <p class="p0">
               <span class="ital">Entertainer</span> means any person who provides entertainment within or at an adult establishment whether
               or not a fee is charged or accepted for entertainment and whether or not entertainment
               is provided by that person as an employee or an independent contractor.
               </p>
            <p class="p0">
               <span class="ital">Erotic</span> refers to any seductive, titillating, lustful, immodest, indecent, suggestive, passionate,
               or similar reference, act, service or deed.
               </p>
            <p class="p0">
               <span class="ital">Erotic car wash</span> means a facility that offers a car cleaning or washing service performed by employees
               that are in a state of nudity or semi nudity.
               </p>
            <p class="p0">
               <span class="ital">Erotic maid service</span> means any cleaning service for a residence or business where the employee is in a
               state of nudity or semi nudity.
               </p>
            <p class="p0">
               <span class="ital">Escort</span> means a person who, for consideration, agrees or offers to act as a companion, guide,
               or date for another person, or who agrees or offers to privately model lingerie or
               to privately perform a striptease for another person and whose advertisements, promotions,
               or obvious intent to the public is sexual in nature.
               </p>
            <p class="p0">
               <span class="ital">Escort agency</span> means a person or business association who furnishes, offers to furnish, or advertises
               to furnish escorts as one of its primary business purposes for a fee, tip, or other
               consideration and whose advertisements, promotions, or obvious intent to the public
               is sexual in nature.
               </p>
            <p class="p0">
               <span class="ital">Establishment</span> means and includes any of the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The opening or commencement of any sexually oriented business as a new business;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The conversion of an existing business, whether or not a sexually oriented business,
                  to any sexually oriented business;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The additions of any sexually oriented business to any other existing sexually oriented
                  business; or
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  The relocation of any sexually oriented business.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Licensed daycare center</span> means a facility licensed by the State of North Carolina, whether situated within
               the county or not, that provides care, training, education, custody, treatment or
               supervision for more than 12 children under 14 years of age, where such children are
               not related by blood, marriage or adoption to the owner or operator of the facility,
               for less than 24 hours a day, regardless of whether or not the facility is operated
               for a profit or charges for the services it offers.
               </p>
            <p class="p0">
               <span class="ital">Licensee</span> means a person in whose name a license has been issued, as well as the individual
               listed as an applicant on the application for a license.
               </p>
            <p class="p0">
               <span class="ital">Nudity</span> or <span class="ital">a state of nudity</span> means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic
               area, male genitals, female genitals, or vulva, with less than fully opaque covering;
               or human male genitals in a discernibly turgid state even if completely and opaquely
               covered.
               </p>
            <p class="p0">
               <span class="ital">Person</span> means an individual, proprietorship, partnership, corporation, association, or other
               legal entity.
               </p>
            <p class="p0">
               <span class="ital">Premises</span> means the real property upon which the sexually oriented business is located, and
               all appurtenances thereto and buildings thereon, including but not limited to, the
               sexually oriented business, the grounds, private walkways, and parking lots and/or
               parking garages adjacent thereto, under the ownership, control or supervision of the
               licensee, as described in the application for a business license pursuant to <a href="" data-chunk-id="COOR_CH24BU_ARTIISEORBU_S24-29APPR" class="section-link" data-product-id="12479">section 24-29</a> of this article.
               </p>
            <p class="p0">
               <span class="ital">Semi-nude</span> means the appearance of the female breast below a horizontal line across the top
               of the areola at its highest point. This definition shall include the entire lower
               portion of the human female breast, but shall not include any portion of the cleavage
               of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit,
               other wearing apparel provided the areola is not exposed in whole or in part.
               </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 considerations:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Physical contact in the form of wrestling or tumbling between persons of the opposite
                  sex; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Activities between male and female persons and/or persons of the same sex when one
                  or more of the persons is in a state of nudity or semi-nude.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Sexual oriented business</span> means any businesses or enterprises that have as one of their principal business
               purposes or as a significant portion of their business an emphasis on matter and conduct
               depicting, describing, or related to anatomical areas and sexual activities as specified
               in G.S. 14-202.10. This term may be used interchangeably with adult establishment.
               </p>
            <p class="p0">
               <span class="ital">Sexually oriented devices</span> means without limitation any artificial or simulated specified anatomical area or
               their device or paraphernalia that is designed principally for specified sexual activities
               but shall not mean any contraceptive device.
               </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">
                  Buttock; or
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Female breast below a point immediately above the top of the areola; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Human male genitals in a discernibly turgid state, even if completely and opaquely
                  covered.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Specified sexual acts</span> means:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  Human genitals in a state of sexual stimulation or arousal;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Acts of human masturbation, sexual intercourse or sodomy; or
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Fondling or other erotic touching of human genitals, pubic regions, buttocks or female
                  breasts.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Transfer of ownership or control of a sexual oriented business</span> means and includes any of the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The sale, lease, or sublease of the business;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The transfer of securities that form a controlling interest in the business, whether
                  by sale, exchange, or similar means; or
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The establishment of a trust, gift, or other similar legal device that transfers the
                  ownership or control of the business, except for the transfer by bequest or other
                  operation of law upon the death of the person possessing the ownership or control.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Video model studio</span> means any place where a person who appears in a state of nudity or displays "specified
               anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured,
               photographed, or similarly depicted by other persons for consideration.
               </p>
            <p class="historynote0">
               (Ord. of 2-2-98, Â§ 100.02)
               </p></div>