5.40.020 Definitions.
A. “Adult Arcade” shall mean an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, video disks or other photographic reproductions which are characterized by the depiction or description of “Specific Sexual Activities” or “Specific Anatomical Areas”.
B. “Adult Bookstore”, or “Adult Video Store” shall mean a commercial establishment which offers for sale or rental for some form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, video disks or other forms of reproduction the contents of which are characterized by the depiction or description of specific sexual activities or specific anatomical areas in any of the following described proportions or quantities:
1. An average value of inventory of products described in this subsection held by such establishment exceeding ten percent of the total average value of all inventory held by such establishment;
2. An average revenue received from the sales or rentals of products described in this subsection exceeding ten percent of the total average revenue received from all sales or rentals by such establishment;
3. An average floor space devoted to the display of products described in this subsection exceeding ten percent of the total floor space devoted to the display of all products held by such establishments; or
4. The display for sale or rental of more than twenty separate items meeting the definition of products set forth in this subsection.
C. “Adult Novelty Store” shall mean a commercial establishment which offers for sale or rental for some form of consideration, sexual devices, novelties or paraphernalia as defined in this section in any of the following described proportions or quantities:
1. An average value of inventory of sexual devices, novelties or paraphernalia held by such establishment exceeding ten percent of the total average value of all inventory held by such establishment;
2. An average revenue received from the sales or rentals of sexual devices, novelties or paraphernalia exceeding ten percent of the total average revenue received from all sales or rentals by such establishment;
3. An average floor space devoted to the display of sexual devices, novelties or paraphernalia exceeding ten percent of the total floor space devoted to the display of all products held by such establishment; or
4. The display for sale or rental of more than twenty separate items meeting the definition of products set forth in this subsection.
D. “Sexual devices, novelties or paraphernalia” shall include dildos and vibrators which graphically simulate the male sexual organ, artificial vaginas and anuses, sexual toys and enhancers, sexual restraints, collars, whips, harnesses and sexual products, novelties and paraphernalia similar to such listed items and categories of products.
E. “Specific anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
F. “Specific sexual activities” means:
1. Human genitals in a state of sexual stimulation; and/or
2. Acts of human masturbation, sexual intercourse or sodomy; and/or
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or the female breasts. (Ord. 1247 §3, 2005; Ord. 991 §1, 1994).