Chapter 17.142 — ADULT BUSINESS DEFINITIONS

The purpose of this chapter is to provide definitions for unique terms used throughout this title that relate to adult businesses. This chapter is enacted with reference to the findings made in section 17.86.010 . (Ord. No. 1000 § 4, 2022)

"Adult bookstore" means a commercial establishment which, as a regular and substantial part of its business, devotes inventory or product lines (the term "product line" refers to items which are all identical, such as numerous copies of the same book or periodical) or display, shelf, rack, table, stand, or floor area used for the display and sale of the following:

• Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, tapes, records, or other form of visual or audio representation which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and/or

• Instruments, artificial devices, or paraphernalia which are designed for use in connection with specified sexual activities.

"Adult cabaret" means a nightclub, bar, restaurant, or similar establishment during which a substantial portion of the total presentation time features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas and/or feature films, motion pictures, videocassettes, slides, or other

photographic reproductions which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.

"Adult entertainment establishment" means an adult entertainment establishment is any place of business in which one or more of the following activities are conducted:

• Adult motel or hotel. A hotel or motel, or similar commercial establishment offering public accommodations for any form of consideration which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas" for observation by patrons.

• Adult theater. A theater, concert hall, auditorium, or similar commercial establishment either indoor or outdoor in nature which, for any form of consideration, regularly features live performances, a substantial portion of the total presentation time of which is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for observation by patrons.

Establishment of an adult entertainment business. As used herein, to "establish" an adult entertainment business shall mean and include any of the following:

• The opening or commencement of operation of any such business as a new business.

• The conversion of any existing business, whether or not an adult entertainment business, to any adult entertainment business as described herein.

• The addition of any adult entertainment business as defined herein to any existing adult entertainment business if the addition results in enlargement of the place of business. For purposes of the paragraph, enlargement shall mean an increase in the size of the building within which the business is conducted by either construction or use of an adjacent building or any portion thereof, whether located on the same or an adjacent lot or parcel of land.

Specified anatomical areas. As used herein, the term "specified anatomical areas" means and includes any of the following:

• Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the tops of the areola; or

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

• Specified sexual activities. As used herein, the term "specified sexual activities" means and includes any of the following:

  • The fondling or other erotic touching, actual or simulated, of human genitals, pubic region, buttocks, or female breast; or

  • Sex acts, actual or simulated, including acts of sexual intercourse, oral copulation, sodomy, or bestiality; or

  • Masturbation, actual or simulated; or

  • Excretory functions as part of or in connection with any of the activities set forth in any of the above.

"Other adult entertainment business" means any other business or commercial establishment not herein defined:

• Wherein for any form of consideration the establishment provides entertainment to patrons in which a substantial portion of the total presentation time is characterized by an emphasis on depicting, describing, or relating to specified sexual activities or specified anatomical areas; or

• Which devotes more than 50 percent of the total area used for display of its stock in trade to items, instruments, and paraphernalia that are describing or relating to specified sexual activities.

• (Ord. No. 1000 § 4, 2022)