§ 4-122. Definitions.

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 entertainment means:

(1)

Persons who appear nude or seminude; or

(2)

Live performances that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult entertainment establishment means any licensed premises under this chapter that features or provides any adult entertainment.

Adult establishment employee means any individual, including any entertainer, who works in or at, or renders any services directly related to the operation of, any adult entertainment establishment; provided, however, that an adult establishment employee shall not include any person delivering goods, materials, food or beverages or performing maintenance or repairs to the licensed premises.

Adult establishment patron means any individual, other than an adult establishment employee, present in or at any adult entertainment establishment at any time when such adult entertainment establishment is open for business; provided, however, that an adult establishment patron shall not include any person delivering goods, materials, food or beverages or performing maintenance or repairs to the licensed premises.

Cabaret stage means any one or more stages or platforms permanently anchored to the floor of an adult entertainment establishment.

Nude means any state of dress or undress that exposes to view:

(1)

Less than completely and opaquely covered human genitals, pubic region, anus or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areolae is not exposed; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

Seminude means any state of dress or undress in which clothing covers no more than the human genitals, pubic region, anus and areolae of the female breast, as well as any portion of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves and socks.

Specified anatomical area means any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areolae is not exposed; or

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.

Specified sexual activity means any of the following:

(1)

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(2)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(3)

Masturbation, actual or simulated;

(4)

Human genitals in a state of sexual stimulation, arousal or tumescence; or

(5)

Excretory functions as part of or in connection with any of the activities set forth in subsections (1) to (4), inclusive, of this definition.

Straddle dance means the use by an adult establishment employee of any part of his body to touch the genitals, pubic region, buttock, anus or female breast of any adult establishment patron or any other person, or the touching of the genitals, pubic region, buttock, anus or female breast of an adult establishment employee by any adult establishment patron, regardless of whether the "touch" or "touching" occurs, while displaying or exposing any specified anatomical area, whether the "touch" or "touching" is direct or through a medium, including any such conduct commonly referred to by the slang terms "lap dance," "table dance" and "face dance."

(Code 1977, § 3.5.2)