§ 28-251. Definitions.

As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

Conduct any business in an enterprise. Any person who does any one or more of the following shall be deemed to be conducting business in an enterprise:

(1)

Operates a cash register, cash drawer or other depository on the premises of the enterprise where cash funds or records of credit card or other credit transactions generated in any manner by the operation of the enterprise or the activities of the premises of the enterprise;

(2)

Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the premises of the enterprise;

(3)

Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the enterprise;

(4)

Acts as a door attendant to regulate entry of customers or other persons into the premises of the enterprise; or

(5)

Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the enterprise.

Customer. Any person who:

(1)

Is allowed to enter an enterprise or any portion of an enterprise in return for the payment of an admission fee, membership fee or any other form of consideration or gratuity;

(2)

Enters an enterprise or any portion of an enterprise and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

(3)

Is a member of and on the premises of an enterprise operating as a private or membership club or an enterprise that reserves any portion of the premises of the enterprise as a private or membership club.

Director. The director and such employee(s) of the department of administration and regulatory affairs as he may designate to perform the duties of the director under this article.

Employee. Any person who renders any service whatsoever to the customers of an enterprise, works in or about an enterprise or who conducts any business in an enterprise and who receives or has the expectation of receiving any compensation from the operator, or customers of the enterprise. By way of example, rather than limitation, the term includes the operator and other management personnel, clerks, dancers, models and other entertainers, food and beverage preparation and service personnel, door persons, bouncers, and cashiers. It is expressly intended that this definition cover not only conventional employer-employee relationships but also independent contractor relationships, agency relationships, and any other scheme or system whereby the 'employee' has an expectation of receiving compensation, tips, or other benefits from the enterprise or its customers in exchange for services performed.

Enterprise. An adult bookstore, adult cabaret, adult encounter parlor, adult lounge, adult modeling studio, adult movie theater or any establishment whose primary business is the offering of a service or the selling, renting or exhibiting of devices or any other items intended to provide sexual stimulation or sexual gratification to its customers, and which is distinguished by or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. The term "enterprise" shall include any premises for which a permit is required under either or both of articles II and III of this chapter. However, the term 'enterprise' shall not be construed to include:

(1)

Any business operated by or employing licensed psychologists, licensed physical therapists, licensed athletic trainers, licensed cosmetologists, or licensed barbers performing functions authorized under the licenses held;

(2)

Any business operated by or employing licensed physicians or licensed chiropractors engaged in practicing the healing arts; or

(3)

Any retail establishment whose major business is the offering of wearing apparel for sale to customers.

Entertainer. Any employee of an enterprise who performs or engages in entertainment.

Entertainment. Any act or performance, such as a play, skit, reading, revue, fashion show, modeling performance, pantomime, role playing, encounter session, scene, song, dance, musical rendition or striptease that involves the display or exposure of specified sexual activities or specified anatomical areas. The term "entertainment" shall include any employee or entertainer exposing any specified anatomical areas or engaging in any specified sexual activities whatever in the presence of customers.

Manager. Any person who supervises, directs or manages any employee of an enterprise or any other person who conducts any business in an enterprise with respect to any activity conducted on the premises of the enterprise, including any "on-site manager."

On-site manager. A person charged by an owner or operator of an enterprise with the responsibility for direct supervision of the operation of the enterprise and with monitoring and observing all areas of the enterprise to which customers are admitted at all times during which the enterprise is open for business or customers are on the premises of the enterprise.

Operator. The manager or other natural person principally in charge of an enterprise.

Owner or owners. The proprietor if a sole proprietorship, all general partners if a partnership, or the corporation if a corporation.

Permit. A current, valid permit issued by the director pursuant to the terms of this article.

Separate area. Any portion of the interior of an enterprise separated from any other portion of an enterprise by any wall, partition or other divider.

Specified anatomical areas:

(1)

Less than completely and opaquely covered:

a.

Human genitals, pubic region or pubic hair;

b.

Buttock;

c.

Female breast or breasts or any portion thereof that is situated below a point immediately above the top of the areola; or

d.

Any combination of the foregoing; or

(2)

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

Specified sexual activities:

(1)

Human genitals in a discernible state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy;

(3)

Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or

(4)

Any combination of the foregoing.

(Ord. No. 97-75, § 4, 1-15-97; Ord. No. 2010-721, § 13, 9-15-2010, eff. 10-4-2010)