The town council is concerned that the establishment of adult businesses could have a deleterious effect on the quality of town neighborhoods. Problems associated with adult businesses include prostitution, other crime and falling property values. The council finds in particular that the use of property for adult entertainment establishments is inconsistent with the character of the neighborhood around the community center playground.

(Ord. of 11-12-1992(1), § 12-300(a))

The adult businesses enumerated in section 110-498 are not permitted uses under this chapter within 1,000 feet of the community center playground. All measurements shall be made on the official tax maps, measuring from the nearest point on the lot line of the playground to the nearest point on the lot line of the parcel on which the adult business is located.

(Ord. of 11-12-1992(1), § 12-300(b))

For purposes of this section, an adult business is an adult book store, an adult motion picture theater, or a business which permits nudity on its premises.

(1)

An adult book store means an establishment having, as a substantial or significant portion of its stock in trade, books, magazines, other periodicals, videotapes or similar items which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" (as defined in this section), or an establishment with a segment or section devoted to the sale or display of such material.

(2)

An adult motion picture theater means an enclosed building used for presenting visual material distinguished or characterized by an emphasis on matter depicting specified sexual activities or specified anatomical areas, for observation by patrons therein.

(3)

A business which permits nudity on its premises means a business which allows any person to expose or be exposed to view by other persons that person's genitals, pubic region, or buttock, or, if a woman, her breast below a point immediately above the top of the areola.

(4)

Specified sexual activities means any of the following:

a.

Human genitals in a state of sexual stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse, or acts listed in Code of Virginia, § 18.2-361; or

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(5)

Specified anatomical areas means any of the following on a human:

a.

Less than completely and opaquely covered genitals or pubic region, buttock, female breast below a point immediately above the areola; or

b.

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

(Ord. of 11-12-1992(1), § 12-300(c))