§ 6.95.010. Definitions.

A "theater" is an edifice, structure or land development, used for the purpose of, and the business of engaging in, live, filmed, or electronically produced dramatic, operatic or other representations, plays, dances, concerts, performances or theatrical representations for admission to which entrance money, or other consideration is received. In addition to the above, "theaters" includes adult motion picture theaters, adult mini-motion picture theaters, adult entertainment cabarets, adult picture arcade theaters as defined herein and drive-in motion picture establishments and all other places offering such described entertainment or amusement which is offered to the public for an admission charge except those specific businesses licensed pursuant to other chapters of this code that are specifically exempted.

(a)

"Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used regularly and routinely for presenting material having as a dominant theme material 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.

(b)

"Adult mini-motion picture theater" means an enclosed building with a capacity for less than fifty persons used regularly and routinely for presenting material 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, including closed circuit television viewing.

(1)

Adult mini-motion picture theaters with a capacity for less than twenty-five persons shall have at least two doors that are not obscured by any curtain, door, wall or other enclosure from which the entire interior of the adult mini-motion picture theater and viewing area where the patron or customer is ordinarily positioned while watching a film, video, video viewing device are visible.

(c)

"Adult entertainment cabaret" means a public or private establishment which is licensed to serve alcoholic beverages, which features topless dancers, strippers, male or female impersonators, burlesque, or similar entertainers, which is not operated in conjunction with a resort hotel and a casino as defined in Section 8.04.310.

(d)

"Adult picture arcade theater" means any premises where there is maintained one or more machines or contrivances to show still or motion pictures or television sets designated for viewing by one or more customers used regularly and routinely for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," and for which any charge, consideration or payment is required. This definition includes "peep shows" which exhibit motion pictures by means of coin-operated projection machines.

(e)

"Specified sexual activities" means:

(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 region, buttock or female breast.

(f)

"Specified anatomical areas" means:

(1)

Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock and (c) female breast below a point immediately above the top of the areola; and

(2)

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

(g)

"Regularly and routinely" means five or more days per thirty-day period.

(Ord. 1644 § 1, 1994: Ord. 1596 § 1, 1994: Ord. 1568 § 1, 1994: Ord. 1484 § 1, 1993: Ord. 1457 § 1, 1992: Ord. 1311 § 2, 1991: Ord. 691 § 1 (part), 1980: Ord. 628 § 1 (part), 1979)