Sec. 13-351.  Definitions.


Words, terms and phrases in this article shall be defined as follows:


Sexually oriented business means any business enterprise that:


(a)    Regularly features or regularly shows the sale, display or rental of goods that are designed for use in connection with "specified sexual activities," or that emphasizes matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or


(b)    Regularly features or regularly shows entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities"; or regularly features services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities” ancillary to other pursuits


Specified anatomical areas means:


(a)    The human male genitals in a discernibly erect state, even if fully and opaquely covered;


(b)    Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.


Specified criminal activity means any of the following offenses:


(a)    Prostitution or promotion/solicitation of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; human sex trafficking; sexual abuse of a minor; incest; bestiality; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states, or other countries.


(b)    The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.


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, whether covered or uncovered;


(b)    Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, bestiality or sodomy;


(c)    Masturbation, actual or simulated; or


(d)    Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above.


Source:  Ord. No. 5727, § 1, 4-19-21;