Section 5.04.400 Definitions.

Chapter 5.04 COMMERCIAL BUSINESS LICENCES

For the purpose of this article, the following words shall have the following meaning:

1. “Adult bookstore” or “adult video store” means a commercial establishment which:

a. Excludes minors from more than fifteen (15) percent of the retail floor or shelf space of the premises;

b. As one of its principal purposes, offers for sale or rental for any form of consideration, any one or more of the following: books, magazines, periodicals, printed matter, photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations; the central theme of which depicts or describes specified sexual activities or specified sexual anatomical areas or instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

2. “Adult business” means an adult motion picture theater, adult book store, or adult video store.

3. “Adult motion picture theater” means a commercial establishment which:

a. Excludes minors from the showing of two consecutive exhibitions (repeated showings of any single presentation shall be considered a consecutive exhibition);

b. As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of specified sexual activities or specified anatomical areas.

4. “Adult theater” means a theater, concert hall, auditorium or similar commercial establishment which:

a. Holds itself out as such a business;

b. Excludes minors from the showing of two consecutive exhibitions (repeated performance of the same presentation shall be considered a consecutive exhibition);

c. As its principal business, 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.

5. “Employ” means hiring an individual to work for pecuniary or any other form of compensation, whether such person is on the payroll of the employer, acts as an independent contractor or agent, or accepts any form of employment relationship.

6. “Escort” means any person who, for pecuniary compensation, 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 licensed 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 (12) hours and who provide a service not principally characterized as dating or as socializing. Escort shall also not be construed to include persons providing services such as singing telegrams, birthday greetings or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.

7. “Escort service” means an individual or entity who for a pecuniary compensation, furnishes or offers to furnish escorts, or provides or offers to introduce patrons to escorts.

8. “Escort service runner” means 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 contracting or meeting with escort services, escorts or patrons at any location within the County, whether or not such third person is employed by such escort service, escort, patron, or by another business, or is an independent contractor or self-employed.

9. “Nudity” means a state of dress in which the areola of the female breast, or the male or female genitals, pubic regions, or anus are covered by less than the covering required in the definition of semi-nude.

10. “Operator” means the manager or other natural person principally in charge of a sexually oriented business.

11. “Outcall services” means services of a type of performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business, including, but not limited to, escorts, models, dancers, topless or semi-nude maid services and other similar employees.

12. “Patron” means any person who contracts with or employs any escort services, escort, or the customer of any business licensed pursuant to this section.

13. “Pecuniary compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward or any other form of consideration.

14. “Person” means any person, unincorporated association, corporation, partnership, or other legal entity.

15. “Semi-nude” means a state of dress which opaque clothing covers no more than the areola of the female breast; and the male or female genitals, pubic region and anus shall be fully covered by an opaque covering no narrower than four inches wide in the front and five wide in the back.

16. “Semi-nude dancing agency” means any person, agency, firm, corporation, partnership or any entity or individual which furnishes bookings or otherwise engages or offers to furnish bookings, or otherwise engage the service of a professional dancer licensed pursuant to this chapter for performance or appearance at a business licensed for adult theaters.

17. “Semi-nude entertainment business” means a business, including adult theater, where employees 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.

18. “Sexually oriented business” means “semi-nude entertainment businesses,” sexually oriented “outcall services,” “adult businesses” and “semi-nude dancing agencies,” as defined in this article.

19. “Sexually oriented business employees” means those employees who work on the premises of a sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. All persons making outcall meetings under this chapter, including escorts, models, guards, escort runners, drivers, chauffeurs, topless or semi-nude maids and other similar employees shall be considered sexually oriented business employees. Employee shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers, and similar employees. Sexually oriented business employees shall not include cooks, serving persons and similar employees, except where they may be managers or supervisors of the business.

20. “Specified anatomical areas” means the human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.

21. “Specified sexual activities” means 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. Any anal copulation between a human male and another male, human female, or beast;

j. Manipulating, caressing or fondling by any person of the genitals of a human, the pubic area of a human, or the breast or breasts of a human female;

k. Flagellation, torture or sadomasochistic abuse 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 the one so clothed. (Amended during 2001 codification; Ord. 4-2000 Art. X(D))