5.35.030 Definitions.
The definitions in this chapter are also adopted in AMC 19.12.020 and apply to AMC 19.44.090(B). For the purpose of this regulation, adult concessions are divided into two subcategories: (1) adult entertainment, and (2) adult retail for the purposes of zone assignments in AMC Title 19. As used in this chapter and AMC Title 19, and unless the context plainly requires otherwise, the following definitions are adopted:
“Adult concession” means any activity regulated under this chapter, but is not limited to:
1. Adult entertainment:
a. “Adult motion picture theater” means an enclosed theater with a projector screen video display to project or screen motion pictures or video material which is used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein;
b. “Adult panorama theater or arcade” means any place to which the public is permitted or invited and where coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons in booths or viewing rooms where the images so displayed depict or describe “specified sexual activities” or “specified anatomical areas.”
c. “Live adult entertainment establishment” means any building or portion of a building to which any member of the public is invited or admitted and where any employee or entertainer, conducts any exhibition, performance or dance of any type which contains:
i. Specified sexual activities;
ii. Any display of specified anatomical areas; or
iii. Any conduct intended to sexually stimulate any member of the public, including (but not limited to) any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid either directly or indirectly for such activity, and commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
2. “Adult retail” means a commercial establishment that, as its primary purpose, offers for sale or rental for any form of consideration one or more of the following “sexually oriented materials”:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
b. Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities”.
For the purpose of this definition, the term “primary purpose” shall mean the business purpose that constitutes fifty percent or more of the stock in trade of a particular business establishment. The city clerk shall determine that the stock in trade of a particular business establishment exceeds this threshold if either: (a) the retail dollar value of all sexually oriented materials compared to the retail dollar value of all non-sexually oriented materials readily available for purchase, rental, view, or use by patrons of the establishment, excluding inventory located in any portion of the premises not regularly open to patrons; or (b) the total volume of shelf space and display area reserved for sexually oriented materials compared to the total volume of shelf space and display area reserved for non-sexually oriented materials.
“Employee” means any and all persons, including managers, entertainers and independent contractors, who work in or at or render any services directly related to, the operation of an adult concession.
“Entertainer” means any person who provides live adult entertainment within an adult concession as defined in this section whether or not a fee is charged or accepted for entertainment.
“Entertainment” means any exhibition or dance of any type, pantomime, modeling or any other performance.
“License officer” means the director of planning, community and economic development.
“Manager” means any person who manages, directs, administers or is in charge of, the affairs or conduct of any portion of any activity involving adult entertainment occurring at any adult concession.
“Operator” means any person applying for or operating, conducting or maintaining any adult concession; and “operator control person” means all partners, corporate officers and directors and any other individuals in the operator’s business organization who hold a significant interest in the adult concession business, based on the responsibility for management of the adult concession business.
“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity or other entity or group of persons however organized.
“Public place” means any area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, motor vehicles, trailers and boats, whether moving or not.
“Sexual conduct” means any act of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;
2. Any penetration of the vagina or anus, however slight, by an object;
3. Any contact between persons, involving the sex organs of one person, whether clothed or unclothed, and the mouth or anus of another, whether clothed or unclothed;
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs, breasts or anus, whether clothed or unclothed, of oneself or of one person by another.
“Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse, or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
“Specified anatomical areas” means:
1. Less than completely or opaquely covered:
a. Human genitals, pubic hair, vulva;
b. Buttocks, anus;
c. Female breasts below a point immediately above the top of the areola; and
d. Human male genitals in a discernibly turgid state, even if completely or opaquely covered. (Ord. 2902 § 2, 2013)