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4-24-205 ADULT-ORIENTED BUSINESSES.

    “Adult-oriented businesses” means any of the following:

    (a)   Adult Arcade. An establishment where, for any form of consideration, one or more still or motion picture projectors or similar machines, for viewing by five (5) or fewer persons each, are used to show films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

    (b)  Adult Bookstore. An establishment that has as a substantial portion of its stock books, magazines, periodicals, or other printed matter, or of photographs, films, motion pictures, video cassettes, slides, tapes, records, or other form of visual or audio representations which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities and/or specified anatomical areas. Items sold over the Internet shall be included in determining the substantial portion.

    (c)   Adult Cabaret. A nightclub, restaurant, or similar business establishment which:

    (1)  Regularly features live performances which are distinguished or characterized by an emphasis upon the display of specified anatomical areas or specified sexual activities; and/or (2) which regularly features persons who appear seminude; and/or (3) shows films, computer-generated images, motion pictures, video cassettes, slides, or other photographic reproductions, a substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

    (d)  Adult Hotel/Motel. A hotel, motel or similar commercial establishment which:

    (1)  Offers accommodations to the public for any form of consideration; provides patrons with dosed-circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic reproductions which 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 which advertises the availability of this adult type of photographic reproductions; or

    (2)  Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

    (3)  Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

    (e)   Adult Motion Picture Theater. A business establishment where, for any form of consideration, films, computer-generated images, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, a substantial portion of which are distinguished or characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

    (f)   Adult Theater. A theater, concert hall, auditorium, or similar establishment which, for any form of consideration, regularly features live performances which are distinguished or characterized by an emphasis on the display of specified anatomical areas or specified sexual activities.

    (g)   Modeling Studio. A business which provides, for pecuniary compensation, monetary or other consideration, hire or reward, figure models who, for the purposes of sexual stimulation of patrons, display “specified anatomical areas” to be observed, sketched, photographed, painted, sculpted, or otherwise depicted by persons paving such consideration. “Modeling studio” does not include schools maintained pursuant to standards set by the State Board of Education. “Modeling studio” further does not include a studio or similar facility owned, operated, or maintained by an individual artist or group of artists, and which does not provide, permit, or make available “specified sexual activities.”