For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. 

 

(a)        Adult arcade, as used in this chapter, means and includes:

 

(1)        Any building or structure which contains or is used for commercial entertainment where the patron directly or indirectly is charged a fee to view from an enclosed or screened area or booth a series of live dance routines, strip performances or other gyrational choreography, which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas; or

 

(2)        Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas. 

 

(b)        Adult bookstore, Adult Novelty Store or Adult Video Store means an establishment having at least twenty-five percent (25%) of: its retail floor space used for the display of adult products; or stock in trade consisting of adult products; or weekly revenue derived from adult products, for any form of consideration, of any one or more of the following:

 

(1)        Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, digital video discs, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of “specified sexual activities” or “specified anatomical areas;”

 

(2)        Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.

 

(c)        Adult Cabaret means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

 

 

(2)        Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or

 

(3)        Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas.”

 

(d)        Sexually Oriented Business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio, or sexual encounter center.

 

(e)        Adult Motel means a hotel, motel, or similar commercial establishment, which:

 

(1)        Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas;” and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either

 

(2)        Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

 

(3)        Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

 

(f)         Adult Motion Picture Theater, as used in this chapter, means and includes:

 

(1)        An enclosed building with a capacity of more than five (5) but less than fifty (50) persons, used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to the showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein; or

 

(2)        An enclosed building with a capacity of fifty (50) or more persons used for presenting films, motion pictures, video cassettes, slides or similar photographic reproductions in which a preponderance of the total presentation time is devoted to showing of materials which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

 

(g)        Adult Theater, as used in this chapter, means and includes:

 

(1)        A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

 

(2)        An open lot or part thereof, with appurtenant facilities, devoted primarily to the presentation of motion pictures, films, theatrical productions, and other forms of visual productions, for any form of consideration, to persons in motor vehicles or on outdoor seats in which a preponderance of the total presentation time is devoted to the showing of materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons. 

 

(h)        Distinguished or Characterized by an Emphasis Upon means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas,” the films so described are those whose dominant or principal character and theme are the exhibition or display of “specified anatomical areas” or “specified sexual activities.”

 

(i)         Employee, Employ, and Employment describe and pertain to any person who performs any service on the premises of a Sexually Oriented Business on a full-time, part-time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.

 

(j)         Enforcement Officer shall mean the Department of Metropolitan Development or such person as may be designated by the Director of the Department of Metropolitan Development.

 

(k)        Escort means a person who, for consideration, and for another person, agrees or offers:

 

(1)        To act as a companion, guide, or date;

 

(2)        To privately model lingerie; or

 

(3)        To privately perform strip shows or other gyrational choreography, which performances are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas.

 

(l)         Escort Agency means a person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.

 

(m)       Establish or Establishment means and includes any of the following:

 

(1)        The opening or commencement of any Sexually Oriented Business as a new business;

 

(2)        The conversion of an existing business, whether or not a Sexually Oriented Business, to any Sexually Oriented Business;

 

(3)        The addition of any Sexually Oriented Business to any other existing Sexually Oriented Business; or

 

 

(n)        Licensee means a person in whose name a license to operate a Sexually Oriented Business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a Sexually Oriented Business.

 

(o)        Nude, Nudity or a State of Nudity means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

 

(p)        Operate or Cause to Be Operated means to cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a Sexually Oriented Business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a Sexually Oriented Business regardless of whether that person is an owner, part owner, or licensee of the business.

 

(q)        Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

 

(r)        Regularly Features or Regularly Shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the Sexually Oriented Business. 

 

(s)        Semi-nude or in a Semi-nude Condition means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

 

(t)         Semi-nude Model Studio means a commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the State of Indiana or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

(u)        Sexual Encounter Center means a business or commercial establishment that as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of “specified sexual activities.” The definition of sexual encounter establishment or any Sexually Oriented Businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

             

(v)        Specified Anatomical Areas means:

 

(1)        The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

 

(2)        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. 

 

(w)       Specified Sexual Activities means any of the following:

 

(1)        Human genitals in a state of sexual stimulation or arousal;

 

(2)        Acts of human masturbation, sexual intercourse or sodomy;

 

(3)        Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts;

 

(4)        Masochism, erotic or sexually oriented torture, beating or the infliction

           

(5)        Flagellation or torture in the context of a sexual relationship; of pain;

 

(6)        Erotic touching, fondling or other such contact with an animal by a human being; or

 

(7)        Human excretion, urination, menstruation, vaginal or anal irrigation as part of or in connection with any of the activities set forth in (1) through (6) above. 

 

(x)        Substantial Enlargement of a Sexually Oriented Business means the increase in floor areas occupied by the business by more than twenty-five (25) percent, as the floor areas exist on the date this Ordinance takes effect.

 

(y)        Transfer of Ownership or Control of a Sexually Oriented Business means and includes any of the following:

 

(2)        The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

 

(3)        The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.