HomeMy WebLinkAbout2858 Exhibit A EXHIBIT A- Definitions.
For the purposes of this ordinance, "adult entertainment facility" is defined as set forth in
paragraph F belovy, and includes any "other adult entertainment facility" defined in paragraph N
beloNy. Other definitions are also set forth beloNy.
A. "Adult arcade" means a commercial establishment containing individual vieNving
areas or booths Nyhere, for anv form of consideration, including a membership fee, one (1) or
more still or motion picture projectors, slide projectors, or other similar image producing
machines are used to shoNy films, motion pictures, video cassettes, slides, or other visual
representations that are distinguished or characterized by a predominant emphasis on matters
depicting, describing, or simulating any specified sexual activities or anv specified anatomical
areas.
B. "Adult business license" means a license issued by the Citv Cleric under this
chapter to the oN-,ner or operator of an adult entertainment facility.
C. "Adult cabaret" means a nightclub, bar, restaurant, tavern, or other similar
commercial establishment, Nyhether or not alcoholic beverages are served, that regularly features:
1. Persons N-,-ho appear nude or semi-nude; or
2. Live performances Nyhich are distinguished or characterized by a
predominant emphasis on matters depicting, describing, or simulating any specified
anatomical areas or any specified sexual activities.
D. "Adult drive-in theater" means a drive-in theater used for presenting motion
picture films, video cassettes, cable television, or any other such visual media distinguished or
characterized by an emphasis on matters depicting, describing or simulating any specified sexual
activities or anv specified anatomical areas.
E. "Adult entertainment" means:
1. Any exhibition, performance or dance conducted in an adult
entertainment facility N-,-here such exhibition, performance or dance is distinguished or
characterized by a predominant emphasis on matters depicting, describing, or simulating
any specified sexual activities or anv specified anatomical areas; or
2. Any exhibition, performance or dance intended to sexually stimulate any
patron and conducted in an adult entertainment facility N-,-here such exhibition,
performance or dance is performed for, arranged Nyith, or engaged in Nyith feNver than all
patrons in the adult entertainment facility at that time, N ith separate consideration paid,
either directIv or indirectly, for such performance, exhibition or dance. For purposes of
example and not limitation, such exhibitions, performances or dances are commonly
referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or
straddle dancing.
F. "Adult entertainment facility" means a commercial establishment defined herein
as an adult arcade, adult cabaret, adult drive-in theater, adult motel, adult motion picture theater,
adult retail store, adult sauna parlor, escort agency, nude or semi-nude model studio, or other
establishment Nyhere adult entertainment is offered, including but not limited to private
membership clubs.
G. "Adult motel' means a hotel, motel, or similar commercial establishment Nyhich:
1. Offers sleeping accommodations to the public for any form of
consideration and provides patrons Nyith closed-circuit television transmissions, films,
motion pictures, video cassettes, slides, or other visual representations that are
distinguished or characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any specified anatomical
areas, and that has a sign visible from the public right-of-Nyay that advertises the
availability of this type of sexually oriented materials; or
2. Offers a sleeping room for rent for a rental fee period of time that is less
than ten(10) hours; or
3. AlloNys a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than ten(10)hours.
H. "Adult motion picture theater" means an enclosed commercial establishment
Nyhere, for anv form of consideration, motion pictures, films, video cassettes, slides, or other
similar visual media are regularly shoN-,n that are distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating any specified sexual activities or anv
specified anatomical areas.
L "Adult retail store" means a commercial establishment such as a bookstore, video
store, or novelty shop Nyhich as its principal business purpose offers for sale or rent, for any form
of consideration, any one or more of the folloN ing:
1. Books, magazines, periodicals or other printed materials, or photographs,
films, motion pictures, video cassettes, slides, or other visual representations that are
distinguished or characterized by a predominant emphasis on matters depicting,
describing, or simulating any specified sexual activities or any specified anatomical
areas; or
2. Instruments, devices, or paraphernalia designed for use in connection
Nyith any specified sexual activities.
For the purpose of this definition, the term "principal business purpose" shall mean the business
purpose that constitutes fifty percent (50%) or more of the stock in trade of a particular business
establishment. The stock in trade of a particular business establishment shall be determined by
examining either: (i) the retail dollar value of all sexually oriented materials compared to the
retail dollar value of all non-sexualIv oriented materials readily available for purchase, rental,
vievy, or use by patrons of the establishment, excluding inventory located in any portion of the
premises not regularly open to patrons; or (ii) the total volume of shelf space and display area
reserved for sexually oriented materials compared to the total volume of shelf space and display
area reserved for non-sexually oriented materials.
J. "Adult sauna parlor" means a commercial sauna parlor Nyhich excludes any
person by virtue of age from all or any portion of the premises.
K. "Nude" means the appearance of less than complete and opaque covering of the
human anus, human male genitals, human female genitals, or the areola or nipple of the human
female breast. The opaque covering shall be made of material or fabric, but shall not include any
liquid substance, including mud, Nyater, lotion, Nyhipping cream, or other similar substances that
are easily broken doN-,n or removed and do not offer the covering intended for an opaque
covering.
L. "Nude or semi-nude model' means a person Nyho, for any form of consideration,
agrees or offers to appear nude or semi-nude in a nude or semi-nude model studio.
M. "Nude or semi-nude model studio" means any place Nyhere a person appears nude
or semi-nude for money or anv other form of consideration, to be observed, sketched, dravm,
painted, sculptured, photographed, or similarly depicted by another person. The folloNving uses
are exceptions to the definition of a"nude or semi-nude model studio":
1. A proprietary school licensed by the State of Washington;
2. A junior college, college, or university supported partly or entirely by
public funds;
3. A private college or universit�T that maintains and operates educational
programs in Nyhich credits are transferable to a junior college, college, or university
supported partly or entirely by public funds; and
4. A place housed in a structure: (a) that has no advertising visible from the
exterior of the structure that indicates a nude or semi-nude model is available for
vieNving; and (b) Nyhere, in order to participate in a class, a student must enroll at least
three(3) days in advance of the class.
N. "Other adult entertainment facility" means anv commercial establishment not
defined herein Nyhere adult entertainment or sexualIv oriented materials is regularly conducted,
displayed, or available in any form, for any type of consideration. Provided hoNvever, that a public
librarv, and a school, university, or similar educational or scientific facility shall not be
considered an adult entertainment facility. In addition, a commercial establishment that offers
access to telecommunications networks as its principal business purpose shall not be considered
an adult entertainment facility unless the access it provides is for the primary purpose of
displaying or presenting visual images that are distinguished or characterized by a predominant
emphasis on matters depicting, describing, or simulating any specified sexual activities or anv
specified anatomical areas.
O. "Semi-nude" means a state of dress in Nyhich the clothing completely and
opaquely covers no more than the genitals, pubic region, and areola and nipple of the female
breast, as Nyell as portions of the body covered by supporting straps or devices.
P. "SexualIv oriented materials" means any books, magazines, periodicals or other
printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other
visual representations, that are distinguished or characterized by a predominant emphasis on
matters depicting, describing, or simulating any specified sexual activities or anv specified
anatomical areas. The term "sexualIv oriented materials" includes any instruments, devices, or
paraphernalia designed for use in connection Nyith any specified sexual activities.
Q. "Specified anatomical areas" means and includes anv of the folloNving:
1. Less than completely and opaquely covered human genitals, pubic
region, anus, buttocks, or female breast below the top of the areola; or
2. The human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
R. "Specified sexual activities" means and includes any of the folloNving:
1. The caressing, fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts; or
2. Sex acts, normal or perverted, actual or simulated, including but not
limited to intercourse, oral copulation, or sodomy, or
3. Masturbation, actual or simulated; or
4. Excretory functions as part of, or in connection Nvith, any of the sexual
activities specified in this definition.
5. Violent or destructive sexual behavior, including but not limited to
human or animal mutilation, dismemberment, rape or torture.