§ 4-2. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade means any place to which the public is permitted 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 five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store means a commercial establishment which as one (1) of its principal business purposes offers for sale or rental for any form of consideration any one (1) or more of the following:
(1)
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe special sexual activities or specified anatomical areas; or
(2)
Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
Adult cabaret or lounge means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1)
Persons who appear in a state of nudity;
(2)
Live performances which are characterized by the exposure of specified anatomical area or by specified sexual activities;
(3)
Films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(4)
A commercial establishment which regularly or periodically offers live entertainment which is distinguished by or characterized by an emphasis on matter, physical displays, dances, striptease, strips, removal of clothes or entertainment intended to provide sexual stimulation or sexual gratification to the customer or which depicts, describes, or relates to specified sexual activities or specified anatomical areas.
Adult motel means a hotel, motel, or similar commercial establishment which:
(1)
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, videocassettes, slides, CD or DVD discs or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of visual reproductions;
(2)
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3)
Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, CD or DVD discs or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult theater means 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 anatomical areas or specified sexual activities.
Establishment means and includes any of the following:
(1)
The opening or commencement of any sexually oriented business as a new business;
(2)
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3)
The addition of any sexually oriented business to any other existing sexually oriented business; or
(4)
The relocation of any sexually oriented business.
Licensee 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.
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, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
Nudity or a state of nudity means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast, or a state of dress that fails to opaquely cover a human buttock, anus, male genitals, female genitals, or any part of the female breast below the top of the areola.
Operates or causes to be operated means to cause to function or to put or keep in operations. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
Residential means more than fifty (50) percent of the structures in a block or clearly defined area consist of single-family, duplex, multiple-family, or mobile home, hotel, condo or roominghouse structures.
Residential district means a single-family, duplex, multiple-family, or mobile home district and includes hotels, motels, condos and roominghouses.
Semi-nude means a state of dress in which clothing covers not more than the genitals, pubic regions, buttock, and any part of the female breast below the top of the areola, as well as portions of the body covered by supporting straps or devices.
Sexual contact shall be defined as provided in V.T.C.A., Penal Code § 21.01(2), which defines the term to mean, subject to the exceptions in V.T.C.A., Penal Code § 21.11, any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.
Sexual encounter center means a business or commercial enterprise that, as one (1) of its primary business purposes, offers for any form of consideration physical contact in the form of wrestling or tumbling between persons of the opposite sex or activities between male and female persons or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret or lounge, adult motel, adult motion picture theater, adult theater, nude model studio, strip club, any nightclub or bar or restaurant or other commercial business where the activities described in this chapter occur, or sexual encounter center.
Specified anatomical areas means human genitals in a state of sexual arousal.
Specified sexual activities means and includes any of the following:
(1)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3)
Masturbation, actual or simulated; or
(4)
Excretory functions as part of or in connection with any of the activities set forth in this definition.
Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five (25) percent, as the floor area exists on September 16, 2003.
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
(1)
The sale, lease, or sublease of the business;
(2)
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3)
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. No. 190, § 2, 9-16-2003)