Adult entertainment businesses, because of their nature, are recognized as having objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Regulation of the location of these businesses is necessary to insure that their adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. The primary purpose of this chapter is to prevent the concentration or clustering of these businesses in any one (1) area.

   a.   Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this section for the purpose of this Article.

      Adult Entertainment Businesses shall be defined as follows:

      1.   Adult Bookstore. An "adult bookstore" is an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such materials.

      2.   Adult Motion Picture Theater. An "adult motion picture theater" is an enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

      3.   Adult Mini Motion Picture Theater. An "adult mini motion picture theater" is an enclosed building with a capacity for less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

      4.   Adult Hotel or Motel. An "adult hotel or motel" is a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

      5.   Adult Motion Picture Arcade. An "adult motion picture arcade" is any place to which public is permitted or invited whereto coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

      6.   Cabaret. "Cabaret" is a nightclub, theater or other establishment which features live performances by topless and/or bottomless dancers, "go-go" dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

      7.   Massage Parlor. "Massage parlor" is any establishment licensed as a massage parlor pursuant to Chapter 518-2 where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs.

      8.   Model Studio. "Model studio" is any business where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

      9.   Sexual Encounter Center. "Sexual encounter center" is any business, agency or person who, for any form of consideration or gratuity, provides a place where three (3) or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas.

      10.   Other. Any other business or establishment which offers its; patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

      Specified Sexual Activities shall mean and be defined as follows:

      1.   Actual or simulated sexual intercourse, oral copulation, and intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

      2.   Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or

      3.   Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or

      4.   Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or

      5.   Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or

      6.   Erotic or lewd touching, fondling or other contact with an animal by a human being; or

      7.   Human excretion, urination, menstruation, vaginal or anal irrigation.

      Specified Anatomical Areas shall be defined as follows:

      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; or

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

   a.   Restrictions. In land use zoning districts where the adult entertainment businesses regulated by this section would otherwise be permitted uses, it shall be unlawful to establish any such adult entertainment business if the location is:

      1.   Within five hundred (500') feet of any area zoned for residential use; or

      2.   Within one thousand (1,000') feet of any other "adult entertainment" business; or

      3.   Within one thousand (1,000') feet of any public or private school, park, playground, public building, church, any noncommercial establishment operated by a bona fide religious organization, or any establishment likely to be used by minors.

   b.   Establishment. For the purposes of this section, the establishment of any adult entertainment business includes the opening of such a business as a new business, the relocation of such business, or the conversion of an existing business location to any adult entertainment business use.

   a.   Granting. Land use permits to modify the location provisions contained in subsection 32-106.3 may be granted in accordance with Section 2-8 and Section 32-3. To the extent applicable, the planning agency, before granting any permit, shall make the finding required by Section 2-8.