Title 5 - Business Licenses and Regulations

1. A.
   "Adult Business" means any business:

   1. 1.
      that has as a substantial or significant purpose the sale or rental of merchandise that is intended for use in connection with "Specified Sexual Activities," or that emphasizes matters depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas"; or
   2. 2.
      that has as one of its regular and substantial business purposes:

      1. a.
         the providing of entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "Specified Anatomical Areas" or "Specified Sexual Activities"; or
      2. b.
         the providing of services that are intended to provide sexual arousal or excitement or that allow observation of "Specified Sexual Activities" or "Specified Anatomical Areas" ancillary to other pursuits, or allow participation in "Specified Sexual Activities" ancillary to other pursuits.
   3. 3.
      The definition of "Adult Business" also includes but is not limited to any and all of the following specific Adult Businesses, as defined herein:

      1. a.
         Businesses that offer merchandise for exchange, rental or sale.

         1. 1.
            "Adult Media Outlet" means a business engaging in the exchange, rental or sale of "Adult Media" if such business is not open to the public generally but only to one or more classes of the public, excluding any minor by reason of age, or if a substantial or significant portion of the business is devoted to the exchange, rental or sale of "Adult Media." For purposes of this subsection, it shall be presumed that a "substantial or significant" portion of a business is devoted to the exchange, rental or sale of "Adult Media" if any one or more of the following criteria is satisfied:

            1. a.
               forty (40) percent or more of the exchanges, rentals or sales, measured in dollars over any consecutive ninety-day period, is derived from such items;
            2. b.
               forty (40) percent or more of the number of transactions, measured over any consecutive ninety-day period, relate to such items;
            3. c.
               forty (40) percent or more of the dollar value of all merchandise displayed at any time is attributable to such items;
            4. d.
               forty (40) percent or more of all inventory consists of such items at any time;
            5. e.
               forty (40) percent or more of the merchandise displayed for sale consists of such items at any time;
            6. f.
               forty (40) percent or more of the floor area of the business (not including storerooms, stock areas, restrooms, basements or any portion of the business not open to the public) is devoted to such items at any time.

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            This presumption shall be rebuttable.

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         2. 2.
            "Adult Newsrack" means any coin- or card-operated device that offers for sale by dispensing printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."
         3. 3.
            "Adult Retail Establishment" means a business that displays or offers goods for sale, rental or exchange that meets any of the following tests:

            1. a.
               It displays or offers for sale, rental or exchange items from any two (2) of the following categories: "Sexually-Oriented Toys or Novelties"; clothing that graphically depicts any "Specified Anatomical Area"; or leather or other goods designed or marketed for use for sexual bondage or sadomasochistic practices; and the combination of such items constitutes:

               1. A.
                  ten (10) percent or more of the sales, rentals or exchanges, measured in dollars over any consecutive ninety-day period; or
               2. B.
                  ten (10) percent or more of the sale, rental or exchange transactions, measured over any consecutive ninety-day period; or
               3. C.
                  ten (10) percent or more of the dollar value of all merchandise displayed at any time; or
               4. D.
                  ten (10) percent or more of all inventory at any time, measured by the number of items; or
               5. E.
                  ten (10) percent or more of the merchandise displayed at any time, measured by the number of items; or
               6. F.
                  ten (10) percent or more of the sales floor area of the business (not including storerooms, stock areas, restrooms, or any portion of the business not open to the public) at any time;
            2. b.
               Five (5) percent or more of the sales, rentals or exchanges, measured in dollars over any consecutive ninety-day period, is derived from "Sexually-Oriented Toys or Novelties";
            3. c.
               Five (5) percent or more of the number of sale, rental or exchange transactions, measured over any consecutive ninety-day period, relate to "Sexually-Oriented Toys or Novelties";
            4. d.
               Five (5) percent or more of the dollar value of all merchandise displayed at any time is attributable to "Sexually-Oriented Toys or Novelties";
            5. e.
               Five (5) percent or more of all inventory, measured by the number of items, consists of "Sexually-Oriented Toys or Novelties" at any time;
            6. f.
               Five (5) percent or more of all merchandise displayed, measured by the number of items, consists of "Sexually-Oriented Toys or Novelties" at any time;
            7. g.
               Five (5) percent or more of the sales floor area of the business (not including storerooms, stock areas, restrooms, or any portion of the business not open to the public) is devoted to "Sexually-Oriented Toys or Novelties" at any time.

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      2. b.
         Businesses that provide entertainment.

         1. 1.
            "Adult Entertainment Business" means any business to which the public, Patrons or members are invited or admitted, and where providing "Adult Entertainment" is a regular and substantial portion of its business.
         2. 2.
            The definition of "Adult Entertainment Business" also includes, but is not limited to, any and all of the following specific Adult Entertainment Businesses, as defined herein:

            1. a.
               "Adult Motion Picture Theater" means an establishment with a screen or projection areas, where a regular and substantial portion of its business is the exhibition to Patrons of films, videotapes or motion pictures which is intended to provide sexual stimulation or sexual gratification to the Patrons or which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas."
            2. b.
               "Adult Theater" means an establishment where a regular and substantial portion of its business is providing live performances that are distinguished by or characterized by an emphasis on the exposure, depiction or description of "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities."
            3. c.
               "Adult Entertainment Cabaret" means (1) an establishment where a regular and substantial portion of its business is providing live entertainment that (i) is intended to provide sexual stimulation or sexual gratification to the Entertainer or the Patrons, and (ii) is distinguished by or characterized by an emphasis on matter depicting, simulating, describing or relating to "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities"; or (2) an establishment which regularly features entertainment of an erotic nature including exotic dancers, strippers, or similar Entertainers.
            4. d.
               "Adult Entertainment Studio" (includes the terms "rap studio," "exotic dance studio," "sensitivity studio," "body painting studio," or "encounter studio") means an establishment whose premises are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises, and where a regular and substantial portion of its business is providing entertainment which features materials or live performances characterized by an emphasis on or features materials relating to "Specified Sexual Activities" or the exhibition of "Specified Anatomical Areas."
      3. c.
         Businesses that provide services.

         1. 1.
            "Bath House" means an enterprise where a regular and substantial portion of its business is offering baths and/or showers with other Persons present who are "Nude" or displaying "Specified Anatomical Areas."
         2. 2.
            "Adult Motel" means an enterprise where a regular and substantial portion of its business is offering public accommodations for the purpose of viewing closed-circuit television transmissions, films, movies, motion pictures, video cassettes, video tapes, slides or other photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas" and which rents room accommodations for less than six hours at a time.

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   4. 4.
      The definition of "Adult Business" does not include, and this Ordinance shall not apply to, a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances covered by the definition of "Adult Business" were permitted or allowed as part of such art exhibits or performances.

Effective on: 1/1/1901