The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means any commercial establishment in which is offered for sale any book or publication, film, video, or other medium which depicts sexually explicit nudity or sexual conduct.

Adult movie house means any movie theater which on a regular, continuing basis shows films rated "X" by the Motion Picture Coding Association of America or any movie theater which presents for public viewing on a regular, continuing basis so-called "adult films" depicting sexual conduct.

Explicit media outlet means any commercial establishment which has an inventory of goods that is composed of at least 50 percent of books, pamphlets, magazines, or other printed publications, films, or other media which depicts sexually explicit nudity or sexual conduct.

Sexual conduct means acts of masturbation, homosexuality, sodomy, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is female, breast which, to the average person, applying contemporary community standards, taken as a whole, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient interest, that is, a shameful, or morbid interest in nudity or sex.

Sexually explicit nudity means a state of undress so as to expose the human male or female genitals or pubic area with less than a full opaque covering or the depiction of covered or uncovered male genitals in a discernibly turgid state which, to the average person, applying contemporary community standards, taken as a whole, lacks serious literary, artistic, political, or scientific value and predominantly appeals to the prurient interest, that is, a shameful, or morbid interest in nudity or sex.

(Ord. No. OA-2023-04, 7-10-2023)

Any person, firm, or corporation violating this article shall be guilty of a misdemeanor. Each day of operation shall be deemed a separate offense.

(Ord. No. OA-2023-04, 7-10-2023)

All adult bookstores, explicit media outlets, and adult movie houses shall be located only in commercial or industrial zoned districts; provided, however, that no adult bookstore, explicit media outlet or adult movie house shall be located within 1,000 feet of any school building, school grounds, college campus, public place of worship, or area zoned primarily for residential purposes. As used in this article, the term "school building" shall only apply to public or private school buildings. In determining the distance requirement provided in this chapter, the measurement shall be from the closest property line of the adult bookstore, explicit media outlet or adult movie house to the closest property line on which any school building, school grounds, college campus, public place of worship, or area zoned primarily for residential purposes, is located.

(Ord. No. OA-2023-04, 7-10-2023)