§ 8-118. 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 arcade/adult video arcade/adult movie arcade means any place or establishment containing one or more arcade devices, or any other establishment which regularly offers still or motion pictures, video displays or games to which the public is invited, wherein coin operated, slug operated or electronically, electrically or mechanically operated still or motion picture machines, projectors or other image producing devices controlled by the permittee are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer or which images depict, describe or relate to specified sexual activities or specified anatomical areas.

Adult bookstore/adult video store means a commercial establishment which regularly offers for sale or rents for off-premises use, books, magazines, films or videotapes, periodicals or other printed or pictorial materials which are distinguished by or characterized by an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer or which depict, describe or relate to specified sexual activities or specified anatomical areas and where a substantial or significant portion of its stock in trade consists of such offerings.

Adult cabaret means a commercial establishment which regularly offers live entertainment which is distinguished by or characterized by an emphasis on matter, physical displays 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 encounter parlor/business means a commercial establishment which regularly provides off-premises services, on-premises services or premises where customers either congregate, associate or consort with employees and such conduct is intended to provide sexual stimulation or sexual gratification to the customer or where such conduct is intended to provide sexual stimulation or sexual gratification to the customer or where employees engage in specified sexual activities or display specified anatomical areas in the presence of such customers.

Adult lounge means a commercial establishment which regularly offers live entertainment which is distinguished by or characterized by an emphasis on matter, physical displays or entertainment depicts, describes or relates to specified sexual activities or specified anatomical areas and which is a permitted or licensed premises under state law, where alcoholic beverages may be served or sold.

Adult modeling studio/nude studio/love parlor means a commercial establishment which regularly provides models who engage in specified sexual activities or display specified anatomical areas or appear "nude" or "in a state of nudity" while being observed or painted, painted upon, sketched, drawn, sculptured, photographed or otherwise depicted.

Adult motel means a hotel, motel or similar commercial establishment which regularly:

(1)

Offers accommodations to the public for any form of consideration and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which has a sign visible from the public right-of-way which advertises the availability of such material;

(2)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

Adult movie theater means a commercial establishment containing a room with seats facing a screen or projection area, which regularly exhibits motion pictures which are distinguished by or characterized by an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer or which motion pictures depict, describe or relate to specified sexual activities or specified anatomical areas.

Adult novelty shop means a commercial establishment which regularly sells products which are distinguished or characterized by an emphasis on matter intended to provide sexual stimulation or sexual gratification to the customer or which products depict, describe or relate to specified anatomical areas.

Applicant means the applicant for a permit shall be all of the owners of the business applying for a permit.

Arcade device means any coin-operated, slug-operated or electronic, electrical or mechanical device controlled by the permittee, that dispenses or effectuates the dispensing of displays, still or motion pictures or video displays featuring matter intended to provide sexual stimulation or sexual gratification to the customer or which matter depicts, describes or relates to specified sexual activities or specified anatomical areas and that show images to five or fewer persons in exchange for the payment of any consideration.

Child care facility means a building used as a day nursery, children's boarding home, child placing agency or other place for the care or custody of children under 15 years of age.

Church means a building in which persons regularly assemble for religious worship and which is intended primarily for purposes connected with such worship or for propagation of a particular form of religious belief.

Conducts business. A person "conducts business" if that person:

(1)

Operates a cash register, cash drawer or other depository on business premises where cash funds or records of credit card or other credit transactions generated in any matter by the operation of the establishment or the activities conducted therein are kept;

(2)

Displays or takes orders from any person for any merchandise, goods, entertainment or other services offered on the business premises;

(3)

Delivers or provides to any person any merchandise, goods, entertainment or other services offered on the business premises;

(4)

Acts as a door attendant to regulate entry of persons into the business premises; or

(5)

Supervises or manages other persons in the performance of any of the foregoing activities on the business premises.

Customer/patron means any person who is on the premises of a regulated establishment:

(1)

In return for the payment of an admission fee or any other form of consideration or gratuity; and

(2)

Purchases, rents or otherwise utilizes any merchandise, goods, entertainment or other services offered therein; or

(3)

Operated as a private club and is a member of such club.

Employee means any person who conducts business in or renders any service whatsoever to any person in a regulated establishment or who works in or about such a regulated establishment and who receives compensation for such service or work from the operator or owner of the regulated establishment or from the customers therein. The term "employee" includes an independent contractor. A person is an employee if that person is an employee of the owner of a regulated establishment and is at any time on the premises of such regulated establishment whether working or not.

Entertainment means any act or performance, such as a play, skit, reading, revue, pantomime, scene, song, dance, musical rendition or striptease, whether performed by an owner, employee or customer, intended to provide sexual stimulation or sexual gratification to a customer. The term "entertainment" shall also mean an owner, employee or customer engaging in specified sexual activities or exposing specified anatomical areas in the presence of a customer.

Escort means a person who for consideration agrees or offers to act as a companion, guide or date for a person, and who agrees to privately model lingerie or to privately expose specified anatomical areas or appear "nude" or "in a state of nudity" for that person or requests that person to expose specified anatomical areas or appear "nude" or "in a state of nudity."

Escort agency means a commercial establishment which furnishes, offers to furnish or advertises to furnish an escort to a person for a fee, tip or other consideration.

Individual means a natural person.

Manager means an owner, manager, employee or other individual appointed by the owner to manage, direct and control the premises and operations of the sexually oriented business. A manager is an individual principally in charge of a regulated establishment at any time and who is responsible for the conduct of the business.

Model means any person who poses to be observed, viewed, sketched, painted, painted upon, sculpted, drawn, photographed or otherwise depicted while engaging in specified sexual activities or displaying specified anatomical areas or while appearing "nude" or "in a state of nudity."

Nude or state of nudity means a state of dress, that less than completely and opaquely covers:

(1)

A live human in full nudity;

(2)

Human genitals;

(3)

A human pubic region or pubic hair;

(4)

The crevice of the human buttocks;

(5)

Portions of the post puberty female breast or breasts below a point beginning immediately above the top of the areola and continuing downward to the lowest portion of the breast; or

(6)

Any combinations of the above.

Owner means the proprietor, if a sole proprietorship; all general partners and all limited partners with 20 percent or more of the investment in the partnership, if a partnership; or all officers, directors and any persons holding 20 percent or more of the outstanding shares, if a corporation.

Permit means a current, valid permit issued by the town pursuant to the terms of this article to the owner of a sexually oriented business.

Premises means a tract of land occupied by a regulated establishment, provided, however, if a building has been physically divided into separate units such that each unit has its own individual means of ingress or egress to the exterior of the building and which units are offered by lease or otherwise for separate use and control, then the term "premises" shall refer to each such separate unit.

Regulated establishment means any sexually oriented business regulated under the provisions of this article.

Residential property means a residential estate, one-family dwelling, townhouse dwelling, multiple dwelling, travel, trailer park, mobile home park, mobile home subdivisions or apartment house, the primary purpose of which serves as residential accommodations.

Sexually oriented business means an adult cabaret, adult lounge, nude studio, adult modeling studio, love parlor, adult bookstore, adult movie theater, adult video arcade, adult movie arcade, adult video store, adult motel, adult novelty shop, adult arcade, adult encounter parlor, escort agency or other commercial enterprise the primary business of which is the regular offering of a service or the selling, renting or exhibition of devices or any other items intended to provide sexual gratification to the customer or which regularly sells, rents or exhibits pictures, whether motion or still, or sells, rents or exhibits devices or any other items distinguished or characterized by an emphasis on matter depicting, describing or relation to specified sexual activities or specified anatomical areas.

Specified anatomical areas mean a less than completely and opaquely covered human genitals, pubic region, anus or portions of the post puberty female breast or breasts below a point beginning immediately above the top of the areola and continuing downward to the lowest portion of the breast or human genitals in a state of sexual stimulation or arousal or covered male genitals in a discernibly turgid state.

Specified sexual activities mean any of the following:

(1)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.

(2)

Sex acts, actual or simulated, including intercourse, oral copulation or sodomy.

(3)

Masturbation, actual or simulated.

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (3) of this definition.

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 cumulative transfer of securities which constitute a 20 percent or more interest in the business, whether by sale, exchange or other similar means.

(3)

The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except where the only effect is to change the form of ownership and not any part of the effective or beneficial ownership or control.

(4)

The transfer by bequest or other operation of law upon the death of the person possessing ownership or control.

(Ord. No. 2003-02, § 2, 9-17-2003)