§ 7.48.02. Definitions.

Adult arcade. Any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled image producing devices are maintained to show images to five or fewer viewers at one time, and where the images so displayed are distinguished or characterized by the depicting of or describing of "specified sexual activities" or "specified anatomical areas".

Adult bookstore or adult video store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

A.

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, digital video disks (DVDs), compact discs (CDs), or video reproductions, slides or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas".

B.

Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities".

Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

A.

Persons who appear in a state of nudity, or

B.

Live performances which are characterized by the exposing of "specified sexual activities," or "specified anatomical areas" or

C.

Films, motion pictures, video cassettes, digital video disks (DVDs), compact discs (CDs), or other photographic or video reproductions which are characterized by the depiction of "specific sexual activities" or "specified anatomical areas".

Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, DVDs, CDs, slides, similar video or picture reproductions are shown which are characterized or distinguished by an emphasis on matters depicting, describing, or related to "specified sexual activities" or "specified anatomical areas".

Adult novelty shop. Any commercial establishment which, as its principal or substantial part of its business, offers for sale, adult novelty items of a sexual nature or other types of items designed for sexual gratification.

Adult theater. A theater, concert hall, auditorium, or similar commercial establishment, which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas".

Conditional use. A use which may be permitted in a zone where it is specifically listed, subject to the provisions of the city zoning ordinance or [this] Code.

Nudity or state of nudity.

A.

The appearance of the bare human buttock, anus, male genitals, female genitals, or female breasts.

B.

A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.

Person. An individual, proprietorship, partnership, corporation, association, or other legal entity created and existing under any law.

Residential district. Any land within the city limits zoned R-1, R-1.S, R-2, R-E, R-M, MHP, PUD or other residential zoning or any single family or multiple family residential use as defined by ordinance.

Semi-nude. A state of dress in which the clothing covers no more than the genitals, pubic region and or the female breast, as well as portions of the body covered by the supporting straps or devices.

Sexually oriented business. An adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater, adult novelty shop, or other business whose inventory, merchandise, or performers are characterized by a preponderance of "specified sexual activities" or "specified anatomical areas".

Specified anatomical areas. Less than completely and opaquely covered human genitals, pubic region, buttock and female breasts below a point immediately above the top of the areola and human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specified sexual activities.

A.

Human genitals in a state of sexual stimulation or arousal.

B.

Acts of human masturbation, sexual intercourse or sodomy.

C.

Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breast.

Substantial part of its business. Means revenue from sales of adult oriented material or products represents more than five percent of total revenue for the business.

( Ord. No. 2012-32, § 2, 10-25-2012 )