<div class="chunk-title">Sec. 8-33. - Definitions.</div>
<div class="chunk-content">
            <p class="p0">
               <span class="ital">Adult bookstore</span> means a retail establishment that has:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  As one of its principal business purposes the sale or rental of, or a substantial
                  or significant portion of its stock in trade for sale or rental:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Publications which are distinguished or characterized by their emphasis on matter
                  depicting, describing, or relating to specified anatomical areas or specified sexual
                  activities, as defined in this section; and/or
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Sexually oriented devices, as defined in this section.
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  As used in this definition, publications include, by way of illustration, books, magazines,
                  other periodicals, movies, video tapes, and other products offered in photographic,
                  electronic, magnetic, digital, or other imaging medium.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Any of the following shall be indicia that an establishment has as one of its principal
                  business purposes the sale or rental of: 1) publications 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; and/or
                  2) sexually oriented devices, as defined in this section:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  The business advertises the sale or rental of adult publications and/or sexually oriented
                  devices;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Access by persons under 18 years of age to the business establishment or portions
                  of the business establishment is restricted;
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  Signs or notices are posted outside and/or inside the business establishment indicating
                  that the material offered for sale or rental might be offensive;
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  The building or portion of the building containing the business establishment does
                  not have windows or has windows that are screened or otherwise obstructed or are situated
                  in a manner that restricts visual access from outside the building to materials displayed
                  within for sale or rental.
                  </p>
               		
               <p class="b2">
                  Such indicia shall be considered along with all other factors and available information.
                  </p>
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Notwithstanding the foregoing, a general circulation video store that does not offer
                  for sale any sexually oriented devices shall not constitute an "adult bookstore" even
                  though it offers for sale and/or rental video tapes which are distinguished or characterized
                  by their emphasis on matter depicting, describing, or relating to specified anatomical
                  areas or specified sexual activities, as defined in this section, so long as:
                  </p>
               		
               <p class="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Such described video tapes are stocked and displayed in a room separate from the area
                  of the business establishment where general circulation video tapes are stocked and
                  displayed;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Access by persons under 18 years of age to the room where such described video tapes
                  are stocked and displayed is restricted;
                  </p>
               		
               <p class="incr2">
                  c.
                  </p>
               		
               <p class="content3">
                  The square footage of the separate room where such described video tapes are stocked
                  and displayed is no more than ten percent of the square footage of the area where
                  general circulation video tapes are stocked and displayed; and
                  </p>
               		
               <p class="incr2">
                  d.
                  </p>
               		
               <p class="content3">
                  The general circulation video tape portion of the business establishment offers a
                  quantity and selection of new release general circulation video tapes that is typical
                  of a general circulation video store and offers a quantity and selection of other
                  general circulation video tapes that are organized and displayed in a manner that
                  is typical of a general circulation video store.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Adult live entertainer</span> means any person who provides adult live entertainment within or at an adult live
               entertainment business whether or not a fee is charged or accepted for adult live
               entertainment and whether or not adult live entertainment is provided by that person
               as an employee or an independent contractor.
               </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 which has as one of its principal business purposes
               the presentation of adult live entertainment for observation by patrons.
               </p>
            <p class="p0">
               <span class="ital">Adult mini motion picture booth</span> means any booth or partitioned area of less than 150 square feet in an adult mini
               motion picture theatre that is designed to hold patrons for the presentation and viewing
               of still or motion pictures (slides, film, video tape, laser disc, CDROM or other
               imaging media) that are distinguished or characterized by their emphasis on matter
               depicting, describing, or relating to specified anatomical areas or specified sexual
               activities, as defined in this section.
               </p>
            <p class="p0">
               <span class="ital">Adult mini motion picture theatre</span> means a commercial establishment with one or more adult mini motion picture booths
               where:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  One of the principal business purposes is the presentation and viewing of still or
                  motion pictures in the viewing booths that are distinguished or characterized by their
                  emphasis on matter depicting, describing, or relating to specified anatomical areas
                  or specified sexual activities, as defined in this section; or
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  A substantial or significant portion of the stock of still or motion pictures available
                  for viewing or that are actually viewed in the viewing booths are distinguished or
                  characterized by their emphasis on matter depicting, describing, or relating to specified
                  anatomical areas or specified sexual activities, as defined in this section.
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Any of the following shall be indicia that the business establishment has as one of
                  its principal business purposes the presentation and viewing in viewing booths still
                  or motion pictures 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="incr2">
                  a.
                  </p>
               		
               <p class="content3">
                  Restricted access to the business establishment or portions of the business establishment
                  where viewing booths are located by persons under 18 years of age;
                  </p>
               		
               <p class="incr2">
                  b.
                  </p>
               		
               <p class="content3">
                  Posted signs or notices outside and/or inside the business establishment indicating
                  that the material offered for presentation and viewing in the viewing booths might
                  be offensive.
                  </p>
               		
               <p class="b2">
                  Such indicia shall be considered along with all other factors and available information.
                  </p>
               
            <p class="p0">
               <span class="ital">Adult motion picture theatre</span> means a commercial establishment that regularly presents motion pictures 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, in an area, whether enclosed or not, of 150 square feet or greater,
               for observation by patrons therein.
               </p>
            <p class="p0">
               <span class="ital">Adult motel/hotel</span> means a motel or hotel where residential rooms are let to the public for rental rates
               computed on hourly rates of three hours or less.
               </p>
            <p class="p0">
               <span class="ital">Applicant</span> means and includes the owner of a sexually-oriented business.
               </p>
            <p class="p0">
               <span class="ital">Clothing modeling studio</span> means any place where, for any form of consideration or gratuity, a person agrees
               or offers to privately model clothing, including, but not limited to, lingerie, for
               an individual patron.
               </p>
            <p class="p0">
               <span class="ital">Convicted</span> means an adjudication of guilt and entry of judgment following a trial or a plea
               of guilty or no contest in a criminal case arising under local, state, or federal
               law.
               </p>
            <p class="p0">
               <span class="ital">County manager</span> means the County Manager of the County of Currituck, or his or her designee (who
               shall not be an employee of the County of Currituck Sheriff's Office).
               </p>
            <p class="p0">
               <span class="ital">Employee</span> describes and pertains to any person who performs any service or entertainment upon
               the premises of a sexually oriented business whether or not the person is denominated
               an employee, independent contractor, agent, or otherwise and regardless of whether
               or not the person is paid a salary, wage, or other compensation by the operator of
               the business. "Employee" does not include a person exclusively on the premises for
               any of the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The repair or maintenance of the premises;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  The delivery of goods to the premises; or
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The delivery of services, such as legal, accounting, insurance, or other similar services
                  provided to businesses generally.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Licensee</span> means a person in whose name a license to operate a sexually oriented business 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">Operator</span> means and includes any person who is both present on and in charge of any sexually
               oriented business premises.
               </p>
            <p class="p0">
               <span class="ital">Owner</span> means the legal owner of a sexually oriented business and includes the following:
               
               <p class="incr1">
                  (1)
                  </p>
               		
               <p class="content2">
                  The owner of a sole proprietorship;
                  </p>
               		
               
               <p class="incr1">
                  (2)
                  </p>
               		
               <p class="content2">
                  Each member of a firm, association, or general partnership;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  Each general partner in a limited partnership; or
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
               <p class="content2">
                  Each officer, director, and owner of 50 percent or more of the stock of a corporation.
                  </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">Sexually oriented business</span> means and includes any adult bookstore, adult live entertainment business, adult
               mini motion picture theatre, adult motion picture theatre, or clothing-modeling studio,
               as defined in this section.
               </p>
            <p class="p0">
               <span class="ital">Sexually oriented crime</span> means and includes any criminal offense under local, state, or federal law involving
               or related to rape, sex offense, sexual abuse of minors, crime against nature, incest,
               prostitution, indecent exposure, or this article.
               </p>
            <p class="p0">
               <span class="ital">Sexually oriented devices</span> means, without limitation, any artificial or simulated specified anatomical area
               or other 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">Sheriff</span> means the Sheriff of Currituck County or his or her lawful designee.
               </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;
                  </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 activities</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">
                  Sex acts, normal or perverted, actual or simulated, including human masturbation,
                  sexual intercourse, oral copulation, or sodomy;
                  </p>
               		
               
               <p class="incr1">
                  (3)
                  </p>
               		
               <p class="content2">
                  The fondling or other erotic touching of human genitals, pubic region, buttocks, anus,
                  or female breasts; 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 subsections (1) through (3) above.
                  </p>
               		
               
            <p class="p0">
               <span class="ital">Straddle</span> means the following act: the straddling of the legs of one person over any part of
               the body of any other person, regardless of whether there is a touch or touching.
               </p>
            <p class="p0">
               <span class="ital">Touch</span> means to touch with a portion of the human body or with any object.
               </p>
            <p class="historynote0">
               (Ord. of 7-7-03, Â§ 3; Ord. of 2-2-15, pt. I)
               </p>
            <p class="refeditor0" block_type="hang"><b>Editor's noteâ€” </b>
               Definitions and rules of construction, Â§ 1-2.
               </p></div>