Chapter 125 – Sexually Oriented Businesses

A. The opening or commencement of any sexually oriented business as a new business; B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; C. The additions of any sexually oriented business to any other existing sexually oriented business; or D. The relocation of any sexually oriented business. 11. “Licensed day-care center” means a facility licensed by the State, whether situated within the City or not, that provides care, training, education, custody, treatment or supervision for more than twelve (12) children under fourteen (14) years of age, where such children are not related by blood, marriage or adoption to the owner or operator of the facility, of less than twenty-four (24) hours a day, regardless of whether or not the facility is operated for a profit or charges for the services it offers. 12. “Nude model studio” means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration. 13. “Nudity” or “state of nudity” means the appearance of a human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque, complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. 14. “Permittee” means a person in whose name a permit to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit. 15. “Semi-nude” means a state of dress in which clothing covers no more than the human bare buttock, anus, male genitals, female genitals, or female breast without a fully opaque, complete covering of the breast below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. 16. “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or is semi-nude. 17. “Sexually oriented business” means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center. 18. “Specified anatomical areas” means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals. 19. “Specified sexual activities” means and includes any of the following: A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;