§ 41-1701.6. Adult entertainment businesses.
As used in this article, the term "adult entertainment businesses" means any one (1) of the following:
(1)
Adult arcade. The term "adult arcade" as used in this chapter, is an establishment where, for any form of consideration, one (1) or more still or motion picture projectors, or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer generated images, motion pictures, video cassettes, slides or other photographic reproductions [that] regularly feature, but in no event more than twenty (20) per cent of the number of which, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(2)
Adult bookstore. The term "adult bookstore" as used in this chapter, is an establishment that regularly features, but in no event has more than twenty (20) per cent of its stock in trade in books, magazines, periodicals or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and or specified anatomical areas.
(3)
Adult cabaret. The term "adult cabaret" as used in this chapter, means a cabaret, restaurant, or similar business establishment which: (1) regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features live performances by persons who appear semi-nude.
(4)
Adult hotel/motel. The term "adult hotel/motel" as used in this chapter, means a hotel or motel or similar business establishment offering public accommodations for any form of consideration which, (1) provides patrons with closed-circuit television transmissions, films, computer generated images, motion pictures, video cassettes, slides, or other photographic reproductions that regularly feature, but in no event more than twenty (20) per cent of the number of which, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and (2) rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.
(5)
Adult motion picture theater. The term "adult motion picture theater" as used in this chapter, is a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and regularly feature, but in no event more than twenty (20) per cent of the number of which, are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(6)
Adult theater. The term "adult theater" as used in this chapter, means a legitimate theater, concert hall, auditorium, or similar establishment primarily devoted to theatrical performances which, for any form of consideration regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.
(7)
Modeling studio. The term "modeling studio" as used in this chapter, means a business which meets the definition of a figure modeling studio pursuant to article IV of chapter 12 of this Code or which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display "specified anatomical areas" to be observed, sketched, photographed, painted, sculpted or otherwise depicted by persons paying such consideration. "Modeling studio" does not include schools maintained pursuant to standards set by the state board of education. "Modeling studio" further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available "specified sexual activities."
(Ord. No. NS-2373 § 8, 12-7-98)