Section 5.72.050 Definitions

Chapter 5.72 BUSINESS REGULATION SEXUAL ORIENTED BUSINESS AND EMPLOYEES

For the purpose of this Chapter, the following words and phrases shall have the following meanings:

A. Adult bookstore or adult video store. Any commercial establishment:

1. Which as one of its principle purposes, offers for sale or rental, for any form of consideration, one or more of the following:

Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, DVD, or video reproductions, slides or other visual representations, the central theme of which depicts or describes "specified sexual activities" or "specified anatomical areas," instruments, devices or paraphernalia which are designated for use in connection with "specified sexual activities" except for legitimate medically recognized contraceptives. As used in this Section,"principle purposes" means 10% or more of the business's income, inventory, or floor space.

B. Adult Business: All adult bookstores, adult video stores, adult media theaters, and adult theaters.

C. Adult media theater: A commercial establishment which as one of it's principle purposes:

Shows for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, video streaming, or any other form of visual media which are primarily characterized by the depiction or description of "specified sexual activities", or "specified anatomical areas."

D. Adult theater: A facility which:

Holds itself out as such a business; or features persons who appear in live performances in a state of semi-nudity or which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

E. Business license authority: the City's Recorder.

F. Employ: Hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.

G. Escort: Any person who, for pecuniary compensation and in a state of semi-nudity, 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 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 greeting, or similar activities characterized by appearances in a public place, contracted by a party other than the person for whom the services is being performed and of a duration not longer than one hour.

H. Escort service: An individual or entity who, for pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

I. Escort service runner: Any third person, not an escort, who 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 City, whether or not such third person is employed by such escort service, escort patron, or by another business, or independent contractor of self employed.

J. Nude or state of nudity means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the areola; or human male genitals in a discernibly turgid state even if completely and opaquely covered. K. Out-call services: Services performed by a sexually oriented business employee while nude or semi-nude, away from the premises of a sexually oriented business including, but not limited to escorts, models, dancers, entertainers, and other similar employees, regardless of the location of the premises of the sexually oriented business employing the out-call employee.

L. Patron: Any person who contracts with or employs any escort services or escort or the customer of any sexually oriented business.

M. Pecuniary compensation: Any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.

N. Person: Any person, unincorporated association, corporation, partnership or other legal entity.

O. Semi-nude: A state of dress in which opaque clothing covers no more than the areola of the human female breast, and / or where the human male or female genitals, pubic region, and anus are fully covered by an opaque covering.

P. Semi-nude dancing agency: Any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, or engages the service of a professional dancer licensed pursuant to this Chapter for performance or appearance at a business licensed for semi-nude entertainment, semi-nude dancing bars, or adult theaters.

Q. Semi-nude entertainment bars: Any business which permits entertainment in a state of semi-nudity with the sale on the premises of non-alcoholic beverages.

R. Semi-nude entertainment business: Any business, including adult theater, where individuals in any form of employment or contractual relationship with the business perform or appear, in the presence of patrons of the business, in a state of semi-nudity. A business shall also be presumed to be a semi-nude entertainment business if the business holds itself out as such a business.

S. Sexually oriented business: All adult bookstores, adult video stores, adult media theaters, adult theater, escort services, outcall services, semi-nude entertainment business and semi-nude entertainment bars, as defined by this Chapter.

T. Sexually oriented business employees: means those employees who work on the premises of the sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, entertainers, escorts, models, and other similar employees whether or not hired as employees, agents, or as independent contractors. Employees does not include individuals whose work is unrelated to the sexually oriented portion of the business such as janitor, bookkeepers and similar employees. Sexually oriented business employees does not include cooks, serving person, bartenders, and similar employees; except where they are managers or supervisors of the business or where the employee will be required or chooses to appear in the sexually oriented business in a nude or semi-nude condition. All sexually oriented business employees making the "out-call" meetings under this Chapter, including escorts, models, entertainers, guard, escort runners, drivers, chauffeurs, and other similar employees are sexually oriented business employees, regardless of the location of the premises of the licensed business employing the out-call employee.

U. Specified anatomical areas: The human male or female pubic area or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla, or nipple to the end thereof with less than full opaque covering.

V. Specified criminal acts means any of the following offences:

1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states, or other countries.

2. For which:

a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;

c. Less than five (5) years have elapsed since thedate of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period;

3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. W. Specified sexual activities mean:

1. Acts of

a Masturbation;

b Human sexual intercourse;

c Sexual copulation between a person and a beast;

d Fellatio;

e Cunnilingus;

f Bestiality;

g Pederasty;

h Buggery;

i Anal intercourse; or,

j Any other act of sexual perversion.

2. Manipulating, caressing, or fondling by a person of:

a. The genitals of a human;

b. The pubic area of a human; or,

c. The uncovered female nipple or areola.

3. Flagellation or torture by or upon a person clad in undergarments, a mask, or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

(Ord. 2003-21, Add, 11/20/2003)