§ 8-69. 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 bookstore means an establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

Adult mini-motion picture theatre means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas for observation by patrons therein.

Adult motion picture theatre means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical area for observation by patrons therein.

Cabaret means any place wherein food and any type of alcoholic beverages are sold or given away on the premises and the operator thereof holds a tavern license from the state to sell such beverages by the glass, and where the patrons are provided with entertainment or space for dancing.

Cabaret operator means any person, licensed by the state liquor control commission, or such person's agent or employee, operating any cabaret, club cabaret or group D cabaret.

Cabaret sponsor means any person that engages in, sponsors, or conducts the operation of any cabaret, club cabaret or limited cabaret.

Club cabaret means any association of persons over the age of 18 years, organized as a nonprofit corporation or lodge, which shall have a listed membership with regular fees for support of its operation or annual dues. Such corporation shall be licensed by the state liquor control commission as a club with established bylaws, officers and directors and shall be engaged in operating a cabaret.

Group D cabaret means a cabaret that features topless dancers, strippers, male or female impersonators or similar entertainers.

Specified anatomical areas means:

(1)

Anatomical areas being less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttocks; and

c.

Female breasts below a point immediately above the top of the areola.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

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 breasts.

(Code 1977, § 4-70; Ord. No. 168, § 4-60, 2-27-1989)