6.64.020 Definitions.
For the purpose of this chapter the words and phrases used in this chapter, unless the context otherwise indicates, shall have the following meanings:
(a) "Adult entertainment" means:
(1) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation, or relation to the following specified sexual activities:
(A) Human genitals in a state of sexual stimulation or arousal;
(B) Acts of human masturbation, sexual intercourse or sodomy;
(C) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts; or
(3) Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted on a regular basis or as a substantial part of the premises activity. This includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid for, either directly or indirectly for such performance, exhibition or dance.
(b) "Adult cabaret" means any premises open to members of the public in which there is at any time an exhibition or dance constituting "adult entertainment" as defined herein, provided for the use or benefit of a member or members of the adult public, or advertised for the use or benefit of a member or members of the adult public; provided, that "adult cabaret" does not include any tavern or other business that maintains a liquor license.
(c) "Clerk" means the clerk-treasurer of the city who is designated by the mayor as licensing official under this chapter. It also includes his or her designee.
(d) "Employee" means any and all persons, including entertainers, who work in or at, or render any services directly or indirectly related to the operation of an adult cabaret.
(e) "Entertainer" means any person who performs any entertainment, exhibition or dance of any type within an adult cabaret, whether or not such person or anyone else charges or accepts a fee for such entertainment, exhibition, or dance.
(f) "Entertainment" means any exhibition or dance of any type, pantomime, modeling or any other performance.
(g) "Manager" means any person who manages, directs, administers or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any place offering adult entertainment and is licensed as a manager under this chapter.
(h) "Member of the public" means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult cabaret.
(i) "Operator" means all persons who own, operate, direct, oversee, conduct, maintain, or effectively exert management control or authority over an adult cabaret or its affairs, without regard to whether such person(s) owns the premises in which the adult entertainment cabaret does business.
An operator "effectively exerts management control or authority" when he or she actually does, or is in a position to, participate in the management, direction or oversight of an adult cabaret or its affairs, whether or not such person's name appears on any public record filed with any government agency in connection with an adult entertainment establishment or any parent company or affiliate.
An operator's "parent company or affiliate" means any other person which owns fifty percent or more of any class of an operator's stock, or which effectively exerts management control or authority over an operator.
(j) "Performance area" means a stage elevated at least eighteen inches above ground level and includes an area no larger than the area beginning six feet away from the nearest member of the public, and running parallel to, the front edge of a stage on which adult entertainment is permitted to occur, and which extends away from the front end of the stage no deeper than the depth of that stage.
(k) "Person" means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons, however organized. (Ord. 1645, § 2, 2005; Ord. 1190,, 1994.)