Chapter 4.74 ADULT ENTERTAINMENT BUSINESSES


Section 4.74.020 Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings respectively prescribed to them by this section:
    1. "Adult entertainment businesses" means:
        a. Businesses which as a part of or in the process of delivering goods and services displays to its patrons specified sexual activities, specified anatomical areas through the use of adult media or male or female models, or offers for sale sexually oriented toys or novelties.   The following are examples of adult entertainment business but the list is not to be considered exclusive:  adult media store, adult motion picture theater, adult internet store, a sex shop, a video-viewing booth, a lingerie modeling studio or model studio.
        b. Escort service bureau.
    2. “Adult Internet Store” means a store that offers to its patrons with or without charge a computer with internet access for the purpose of accessing internet sites or that permits patrons to access internet sites that are characterized as displaying hard-core material or specified sexual activities.
    3. “Adult Media” means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material.
    4. “Adult Media Store” means an establishment that rents and/or sells media, and that meets any of the following three tests:
        a. 25 percent or more of the gross public floor area is devoted to adult media.
        b. 25 percent or more of the media stock-in-trade consists of adult media.
        c. It advertises or holds itself out in any forum as "XXX," "adult," "sex," or otherwise as a sexually oriented business other than an adult media store, or adult motion picture theater.
    5. “Adult Motion Picture Theater” means an establishment emphasizing or predominantly showing hard core material.
    6. "Escort" means any person who, for consideration paid by or for the person escorted:
        a. Accompanies other persons to, from or about social affairs, entertainments, places of public assembly or places of amusement located or situated within the city; or
        b. Accompanies other persons in or about any place of public or private resort or within any private quarters located or situated within the city; or
        c. Accompanies other persons in or about any business or commercial establishment, or part or portion thereof, located or situated within the city; or
        d. Assists persons to become socially acquainted or otherwise to assist persons to meet for social purposes at an introductory service.
    7. "Escort service bureau" means any business, agency, or self-employed or independent escort who, for consideration furnishes or offers to furnish escorts.
    8. “Establishment” means any business regulated by this ordinance.
    9. “Gross Public Floor Area” means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabaret or similar shows (including stage areas), plus aisles, hallways, and entryways serving such areas.
    10. “Hard-core Material” means media characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.  Hard core material also means media characterized by the display of specified anatomical areas or specified sexual activities.
    11. "Introductory service" means a service offered or performed by any person for consideration, the principal purpose of which is to aid persons to become socially acquainted or to otherwise assist persons to meet for social purposes, or which service is generally known or should be known by the offering or performing party to be used by the recipients thereof for the purpose of obtaining information about other persons to be used for social purposes and which involves sessions or other activities where materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to the persons paying such consideration or where models are used.
    12. “Lingerie Modeling Studio” means an establishment or business that provides the services of live models modeling lingerie to individuals, couples or groups of persons.
    13. “Media” means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures.
    14. "Model" means any person who for consideration or gratuity appears either nude or semi-nude: to be either viewed, photographed, sketched, drawn, sculptured: to dance; to provide reading or counseling sessions; for body painting; to deliver a service or in connection with the sale of merchandise; or to present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
    15. "Model studio" means any establishment where for any form of consideration on gratuity, models who display specified anatomical areas are provided to be observed, or subject to lawful tactile conduct, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, or where for any form of consideration or gratuity, nude or semi-nude dancing, readings, counseling sessions, body-painting and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.
    16. "Nude" or "semi-nude" means a state of dress displaying specified anatomical areas.
    17. "Place of worship" means a religious institution granted an exemption from payment of real property taxes pursuant to Chapter 427, Code of Iowa.
    18. “Sadomasochistic Practices” means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one clothed or naked.
    19. “Sex Shop” means an establishment offering goods for sale or rent and that meets any of the following tests:
        a. The establishment offers for sale items from any two of the following categories:
            (i) adult media,
            (ii) lingerie, or
            (iii) leather goods marketed or presented in a context to suggest their use for sadomasochistic practices; and the combination of such items constitutes more than 10 percent of its stock in trade or occupies more than 10 percent of its floor area.
        b. More than 5 percent of its stock in trade consists of sexually oriented toys or novelties.
        c. More than 5 percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.
    20. “Sexually Oriented Toys or Novelties” means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
    21. "Specified anatomical area" means any of the following:
        a. Less than completely and opaquely covered: (1) human genitals, pubic region, or pubic hair (2) buttock and (3) female breast below a point immediately above the top of the areola; and
        b. Human male genitals in a discernibly turgid state, even if completely opaquely covered.
    22. "Specified sexual activities" means any of the following conditions:
        a. Human genitals in a state of sexual stimulation or arousal;
        b. Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation or flagellation;
        c. Fondling or erotic touching of human genitals, pubic region, buttock or female breast;
        d. Excretory functions as part of or in connection with any activities set forth in a. through c. above.
    23. “Video-viewing Booth or Arcade Booth” means any booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to, film, video or magnetic tape, laser disc, cd-rom, books, magazines, or periodicals) for observation by patrons therein. (Ord. 2004-0094; 98/U-6822; 85/T-3910)