For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The words "shall" and "will" are mandatory and not discretionary.
"Adult arcade" means a commercial establishment where, for any consideration, the public is permitted or invited wherein adult services can be viewed from individual booths in the regular course of business and as a business purpose of the establishment.
"Adult bookstore," "adult video store" or "adult novelty store" means a commercial establishment which devotes more than one-third of its total display area to any of the following, and:
- Which offers for sale or rental, for any form of consideration, books, magazines, periodicals, photographs, films, motion pictures, video cassettes or video reproductions, slides, or other printed or visual matter that predominantly depict or describe "specified sexual activities" or "specified anatomical areas," as defined in this chapter;
- Which offers for sale or rental instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities," excluding condoms and other birth control and disease prevention products; or
- Which regularly excludes all minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein.
"Adult cabaret" means a commercial establishment where any adult service is provided to patrons in the regular course of business and as one of the principal business purposes of the establishment, and includes, but is not limited to, a nude model studio or sexual encounter center as defined in this chapter.
"Adult motel" means a hotel, motel or similar commercial establishment that:
- Offers accommodations to the public for any form of consideration; provides patron with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one of its principal business purposes;
- Offers a sleeping room for a period of time that is less than ten hours; or
- Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
"Adult-oriented business" means an adult bookstore, an adult service business, an adult video facility, an adult motel, adult cabaret, escort service, lingerie modeling business, nude model studio, sexual encounter center or other sexually-oriented establishment or any combination of the foregoing.
"Adult-oriented business manager" means a person on the premises of an adult-oriented business who has overall supervisory authority over the operation of the business.
"Adult service" means a live dance, performance or other activity, including, but not limited to, modeling, posing, wrestling, singing, reading, talking or listening conducted for any consideration in an adult cabaret by a person who is semi-nude during all or part of the time that the person is providing the service.
"Adult theater" means a commercial establishment where, for any consideration, the public is permitted or invited wherein films, motion pictures, video cassette projections, slides, photographs or other visual media predominantly characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown electronically, electrically, mechanically or by other means for viewing by more than one person in the regular course of business and as a business purpose of the establishment.
"Adult video facility" means a commercial establishment where, for any consideration, the public is permitted or invited wherein films, motion pictures, video cassette projections, slides, photographs or other visual media predominantly characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown electronically, electrically, mechanically or by other means for individual viewing in the regular course of business and as a business purpose of the establishment.
"Employee" means any person who works or performs in and/or for a adult-oriented business, regardless of whether or not such person is paid a salary, wage or other compensation by the operator of such business. A person may be considered an employee under this definition even if such person is an independent contractor; provided that, such person has a substantial or consistent relationship with the business of, or entertainment services provided by the adult-oriented business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
"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 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 hour.
"Escort service" means any individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts 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 location within the village, 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.
"Lingerie modeling business" means any place where a person who appears in a state of semi-nudity or in lingerie is provided to be observed by other persons who pay money or any form of consideration.
"Nude model studio" 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, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
"Nudity" or "a state of nudity" means the appearance or to simulate the appearance of a human bare buttock, anus, pubic area, anal cleft or cleavage, male genitals, female genitals or the female breast at or below the areola thereof.
"Operator" means the owner, adult-oriented business establishment license holder, custodian, manager, operator and person in charge of any permitted premises. A person may be found to be operating or causing to be operated an adult-oriented business whether or not that person is an owner, part owner or licensee of the business.
"Patron" means any person invited or permitted to enter and remain upon the premises of an adult-oriented business, whether or not for a consideration.
"Person" means any individual, proprietorship, partnership, corporation, association, or other legal entity.
"Semi-nude" or "semi-nudity" means a state of dress in which clothing covers no more than the genitals, pubic region and the areola or nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
"Specified anatomical areas" means:
- Less than completely and opaquely covered:
- Human genitals or pubic region; or
- Buttock; or
- Areola or nipple of the female breast.
- Human male genitals in a discernible turgid state, even if completely and opaquely covered.
"Specified sexual activities" means:
- Human genitals in a state of sexual stimulation, arousal or tumescence; or
- The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast(s); or
- Sex acts, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy and also including as examples, but not limited to, any of the following: acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellatio, flagellation, masochism, necrophilia, pederasty, pedophilia, sadism, sado-masochism, sapphism, urolagnia or zooerasty; or
- Masturbation, actual or simulated; or
- Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (d) of this definition.
"Straddle dance" (also known as a "lap dance") means the use by an employee of an adult-oriented business of any part of his/her body to touch the genital or pubic area of a person, or to touch the breast(s) of a female person, while at the business; or the touching of the genital or pubic area of an employee by a person while at the business; or the touching of the breast(s) of a female employee by a person while at the business. It shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the employee is clothed or semi-nude. It shall also be a "straddle dance" regardless of whether the "touch" or "touching" is direct or through a medium.
"Transfer of ownership or control" means any of the following:
- The sale, lease or sublease of a business;
- The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
- The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Ord. 99-11-64 § 1)