Abandon or abandoned or abandonment shall mean that an owner or occupant has voluntarily vacated a building or structure and has left the building or structure unoccupied for a continuous six (6) month period.
Adult or sexually oriented businesses shall mean any one of the following, and each shall constitute a separate adult or sexually oriented business even if operated in conjunction with another adult or sexually oriented business at the same establishment:
(1) Adult arcade shall mean an establishment where, for any form of consideration, one or more electrically, electronically, or mechanically controlled still or motion picture machines or projectors, video or laser disc players, computers, or other image producing devices, are used for viewing by five (5) or fewer persons per machine at any one time, and are used to show films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides or other photographic reproductions, thirty (30) percent or more 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 or adult video store shall mean a commercial establishment that, as a regular and substantial course of conduct, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides, or other visual representations which are distinguished or characterized by an emphasis upon the depiction of description of specified sexual activities or specified anatomical areas.
(3) Adult cabaret shall mean a nightclub, restaurant, dancehall, dance club 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 persons who appear semi-nude; and/or (3) shows films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including, but not limited to, compact disc [CD] or digital video disc [DVD]), slides, or other photographic reproductions thirty (30) percent or more 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.
(4) Adult motion picture theater shall mean a business establishment where, for any form of consideration, films, computer generated images, motion pictures, video cassettes or video reproductions, any material in digital form (including but not limited to, compact disc [CD] or digital video disc [DVD]), slides or similar photographic reproductions are shown, and thirty (30) percent or more 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.
(5) Adult novelty store shall mean a commercial establishment that, as a regular and substantial course of conduct, offers for sale or rental, for any form of consideration, sexually oriented devices.
(6) Adult theater shall mean a theater, concert hall, auditorium, or similar establishment 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 shall mean a business 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.
(8) Sexual encounter center shall mean a business enterprise that, as one of its principal purposes offers, for any form of consideration, live entertainment by way of physical contact in the form of dancing, wrestling or tumbling between individuals, one or more of whom is in a state of nudity or a semi-nude condition.
Adult or sexually oriented business operator (hereinafter "operator") shall mean a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises on which an adult or sexually oriented business is located or the conduct or activities occurring on the premises thereof.
Applicant shall mean any person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of an adult or sexually oriented business.
(Ord. No. 1094, Exh. B; Ord. No. 1234, § 2.)
