§ 25-801. Definitions.

The definitions stated below shall apply:

(1)

Adult bookstore: An establishment having as a substantial or significant portion of its stock-in-trade books, photographs, magazines, films for sale or viewing on the premises by use of motion picture devices or other coin-operated means, or other periodicals which are distinguished or characterized by their principal emphasis on matters depicting, describing or relating to specified sexual activities, as said term is defined herein.

(2)

Adult entertainment facility: Any building, structure or facility which contains or is used for commercial entertainment, including theaters used for presenting live presentations, videotapes or films (predominantly distinguished or characterized by their principal emphasis) on matters depicting, describing, or relating to specified sexual activities, as said term is defined herein, and exotic dance facilities (regardless of whether the theater or facility provides a live presentation, videotape, or film presentation), where the patrons either (1) engage in personal contact with or allow personal contact by employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patrons or (2) observe any live presentation, videotape or film presentation of persons wholly or partially nude with their genitals or pubic region exposed or covered only with transparent or opaque covering or, in the case of female persons, with the areola and nipple of the breast exposed or covered only with transparent or opaque covering or to observe specified sexual activities, as said term is defined herein.

(3)

Bathhouse: An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the state.

(4)

Daycare facility: An establishment or business which provides supervision of facilities for preschool children or provides before or after [school] or summer care for school-age children.

(5)

Modeling studio: An establishment or business distinguished or characterized by their principal emphasis being the providing services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

(6)

Residential district: For the purpose of this section, areas zoned for residential use are defined as districts A, B, C-1, and C.

(7)

Residential building: A building which is primarily designed and devoted for human habitation, excluding motels and hotels.

(8)

Specified sexual activities: Sexual conduct, being acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such person be a female, her breast; sexual excitement, being the condition of human male or female sadomasochistic abuse, being flagellation or torture by or upon a person or the condition of being fettered, bound or otherwise physically restrained.

(Ord. No. 6479, § 2, 2-9-93; Ord. No. 96-45, § I, 6-25-96; Ord. No. 18-12, § I, 3-27-2018)