8-4-1 Definitions.
For the purposes of this Section:
A. “Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to regularly show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
B. “Adult bookstore,” “adult novelty store” or “adult video store” means a commercial establishment that, regardless of any other purposes it may have, and as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe specified sexual activities or specified anatomical areas; or
2. Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
C. “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
1. Persons who appear in a state of nudity or semi-nudity;
2. Live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities;
3. Films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
D. “Adult motel” means a hotel, motel or similar commercial establishment that offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; and
1. Offers a sleeping room for rent for a period of time that is less than twenty-four (24) hours; or
2. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than twenty-four (24) hours.
E. “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
F. “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.
G. “Adult vending machine” means any mechanical device that, regardless of any other purposes it may have, regularly publicly dispenses for any form or consideration any books, magazines, periodicals or other printed matter, or photographs, films, motion pictures video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
H. “Employee” means a person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the said person is paid a salary, wage, commission or other compensation by the operator of said business. A person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, as well as a person exclusively on the premises as a patron or customer is not an employee within the meaning of this article.
I. “Escort” means a person who, for pecuniary or other consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
J. “Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
K. “Establishment” means and includes any of the following:
1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. The addition of any sexually oriented business to any other existing sexually oriented business;
4. The relocation of any sexually oriented business; or
5. A sexually oriented business or premises on which the sexually oriented business is located.
L. In assessing whether a particular business is a “family-oriented entertainment business,” the town clerk shall consider the following factors related to the business:
1. Whether a primary business purpose is related to the sale of food or food services;
2. Whether a primary business purpose relates to the sale or use of entertainment or educational products, services, facilities or activities;
3. The age of patrons for or by which the services, facilities or activities of the business are primarily appropriate and utilized; and
4. Whether the business is primarily a retail establishment.
A business determined to be primarily retail or a food services establishment is presumed to not qualify as a family-oriented entertainment business unless articulable reasons to the contrary are established by the town clerk.
M. “Licensee” means a person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
N. “Nude model studio” means any place where a person who appears in a state of nudity or displays specified anatomical areas is regularly provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration. For the purposes of this Section, “Nude model studio” does not include any business, school, institute or organization which regularly offers classes or workshops of photographic and fine art techniques and materials led by instructors trained or experienced in art techniques and materials handling, which employs or provides nude or seminude models for classes, workshops and open studio sessions, so long as such classes, workshops and sessions constitute no more than fifty (50%) of the combined annual total of instructional and open studio session hours provided.
O. “Nudity” or a “state of nudity” means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a full opaque covering of any part of the nipple; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
P. “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
Q. “Premises” means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, use or supervision of the licensee, as described in the application for a business license pursuant to this article.
R. “Principal Business Purpose” means anything greater than 10% of the floor area and greater than 5% of revenues attributable to sexually oriented business.
S. “Regularly,” “regularly features,” or “regularly shown” shall be construed to apply the provisions of this article only activities that take place outside the context of some larger form of expression.
T. “School” means a child care facility licensed pursuant to the Arizona Revised Statutes, title 36, chapter 7.1, or any public or private institution established for the purposes of offering instruction to pupils in programs for preschool children with disabilities, kindergarten programs or any combination of grades one through twelve, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools; schools includes the school ground but does not include the facilities used primarily for another purpose and only incidentally as a school.
U. “Semi-nude” or “semi-nudity” means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breasts, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
V. “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration for:
1. Physical contact in the form of wrestling or tumbling between any two persons of the opposite sex when one (1) or more of the persons is in a state of nudity or semi-nudity; or
2. Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
W. “Sexually oriented business” means an adult arcade, adult vending machine, adult bookstore, adult novelty store or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, adult novelty store and sexual encounter center.
X. “Specified anatomical area” means:
1. The human male genitals in a discernibly turgid state, even if fully and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
Y. “Specified criminal activity” means any of the following offenses:
1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any sex-related offenses similar to those described under the criminal code of Arizona, other states, or other countries;
2. For which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense;
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a felony offense; or
c. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
Z. “Specified sexual activities” means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
AA. “Substantial enlargement” of a sexually oriented business means the increase in floor area occupied by the business by more than five (5%) percent.
BB. “Transfer of ownership or control” of a sexually oriented business means and includes any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possession the ownership or control. ((O)05-36, 10/05/2005)