§ 8-131. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having as its stock in trade for sale, rent, lease, inspection or viewing, books, films, videocassettes, magazines, other periodicals, toys or other novelties which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, and, in conjunction therewith, have facilities for the presentation of adult entertainment, including adult-oriented films, movies or live performances for observation by patrons therein.

Adult cabaret means a cabaret which features topless dancers, strippers, male or female impersonators or similar entertainers.

Adult entertainment means any exhibition of any motion picture, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on any actual or simulated specified sexual activities or specified anatomical areas or the removal of articles of clothing or appearing partially or totally nude.

Adult mini-motion picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material having as its dominant theme, or is distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material having as its dominant theme or is distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

Adult-oriented establishment includes, but is not limited to, adult bookstores, adult motion picture theaters, adult mini-motion picture establishments or adult cabarets, and further means any premises to which public patrons or members are invited or admitted and which are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common area of the premises for the purposes of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

Operator means any person, partnership or corporation operating, conducting, maintaining or owning any adult-oriented establishment.

Specified anatomical areas means the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breasts below the point immediately above the top of the areola;

(2)

Human male genitals in a discernible turgid state, even if opaquely covered.

Specified sexual activities means the simulated or actual:

(1)

Showing of human genitals in a state of sexual stimulation or arousal;

(2)

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus;

(3)

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

(Code 1981, § 12.08(1))