PART XIV. SEXUALLY ORIENTED BUSINESSES

§1019.1. Definitions

As used in this Part, the following terms have the meaning ascribed as follows:

(1) "Adult arcade" means any place to which the public is permitted or invited in which coin-operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and in which the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

(2) "Adult bookstore," "adult novelty store," or "adult video store" means a commercial establishment that, for any form of consideration, has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental of any of the following:

(a) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

(b) Instruments, devices, or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others.

(3) "Adult cabaret" means a nightclub, bar, juice bar, restaurant, bottle club, gentleman's club, strip club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:

(a) Persons who appear in a state of nudity or seminudity for the purpose of enticing sexual arousal or otherwise sexually excite a patron or customer.

(b) Live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities.

(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

(4) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

(5) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or seminudity or live performances that are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

(6) "Employee" means any individual employed by a sexually oriented business for remuneration pursuant to a contract for hire but does not include an independent contractor.

(7) "Independent contractor" means an individual contracted to perform services for a sexually oriented business on a non-exclusive basis pursuant to a written agreement specifying that the individual is a contractor and not an employee of the sexually oriented business.

(8) "Nudity" means the exposure of the vulva, penis, testicles, anus, female nipples, or female areola with less than a fully opaque covering.

(9) "Operator" means any individual on the premises of a sexually oriented business authorized to manage the business, exercise overall operational control of the premises, or cause the business to function.

(10)(a) "Seminudity" means any of the following:

(i) Exposure of the female breast below a horizontal line across the top of the areola and extending across the width of the breasts at that point including the lower portion of the breasts.

(ii) Exposure of a majority of the male or female buttocks.

(iii) The outline of human male genitals when the penis is in a discernibly erect state, even if completely and opaquely covered.

(b) "Seminudity" shall not include any portion of the cleavage of the female breast exhibited by swim wear, dance wear, or clothing, provided that the areola is not exposed in whole or in part.

(11) "Sexually oriented business" means any business that is part of the sex industry that offers services that include the exposure of specified anatomical areas or specified sexual activities, or the purchase of erotic paraphernalia. Sexually oriented business includes any adult arcade, adult book store, adult novelty store, adult video store, adult cabaret, adult motion picture theater, or adult theater.

(12) "Specified anatomical area" means genitals, buttocks, or female nipple or areola.

(13)(a) "Specified sexual activity" means any of the following:

(i) Oral, anal, or vaginal sexual intercourse.

(ii) Fondling, oral touching, or other stimulation of the genitals, anus, or female breasts.

(iii) Masturbation.

(b) Emission is not necessary to constitute "specified sexual activity".

Acts 2018, No. 703, §1.