§ 21.2-4. Definitions.
Unless the context clearly indicates otherwise, any word, term or phrase defined in any section in this chapter shall have the same meaning throughout this chapter. The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Adult arcade: Any place to which the public is permitted wherein money-operated, token-operated or credit-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine in any viewing room of one hundred fifty (150) square feet or less 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.
Adult bookstore or novelty store: Any commercial establishment:
(a)
Which as one of its principal business uses offers for sale or rental, for any consideration, any of the following:
(1)
Books, magazines, periodicals or other printed materials, which depict or describe specified sexual activities or specified anatomical areas; or
(2)
Films, video cassettes or other video reproductions depicting specified sexual activities or specified anatomical areas; or
(3)
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding condoms and other birth control and disease prevention products; and
(b)
Which regularly excludes all minors from the premises because of the sexually explicit nature of the items sold, rented or displayed therein.
For purposes of this definition, twenty-five percent (25%) or more of the establishment's merchandise constitutes a principal business use.
Adult business or sexually oriented business: Any adult arcade, adult bookstore, adult cabaret, adult motel, adult theater, escort bureau, nude model studio, semi-nude business or topless bar.
Adult business license or sexually oriented business license: Any license issued pursuant to this chapter, including temporary or annual licenses for operators, managers and employees of any adult business.
Adult cabaret: Any nightclub, bar, restaurant or other commercial establishment which features live performances or activities on the business premises that are characterized by the exposure of specified anatomical areas or by specified sexual activities; provided that a nude model studio is not an adult cabaret. The term "adult cabaret" is intended to apply to businesses which emphasize and seek, through the conduct of any employee or performer, to arouse or excite the patron's sexual desires. Nothing in this definition shall be construed to apply to the presentation or performance of any play, drama or ballet in any theater, concert hall, fine arts academy, school, institution of higher education or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.
Adult cabaret performer: Any employee who provides live entertainment to patrons at an adult cabaret involving specified anatomical areas, specified sexual activities or semi-nudity.
Adult motel: Any hotel, motel or similar commercial establishment which:
(a)
Offers accommodations to the public for any consideration; provides patrons with closed-circuit television transmissions, 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 such photographic reproductions; or
(b)
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(c)
Allows a tenant or occupant of a sleeping room to rent the room for a period of time that is less than ten (10) hours.
Adult theater: Any business establishment, other than an adult arcade or adult motel, used regularly for the business of exhibiting films, video cassettes or other video reproductions depicting specified sexual activities or specified anatomical areas, and from which all minors are regularly excluded because of the sexually explicit nature of such films, cassettes or reproductions.
Consideration: Money or money's worth, in the form of any fee, charge, commission, salary, wage or other payment.
Contact: Any physical contact that occurs through clothing or by means of any other object.
Direct line of sight: A straight line between the observer and the object being observed unobstructed by any wall, curtain, partition or other physical barrier that materially obstructs a view of the object being observed.
Electronic benefit transfer card transaction (EBT) : The use of a credit or debit card service, automated teller machine or point-of-sale terminal or access to an online system for the withdrawal of cash assistance provided pursuant to A. R. S. Title 46, Chapter 2, Article 5, or for the processing of a payment for merchandise or a service from cash assistance provided pursuant to A.R.S. Title 46, Chapter 2, Article 5.
Employee: Any individual who is hired, engaged or authorized to perform any service for an adult business on a full-time, part-time or contract basis, whether the individual is designated an employee, independent contractor or otherwise. The term "employee" does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the licensee, nor an attorney, accountant or other person whose primary function is to provide professional advice and assistance to the licensee.
Escort: Any person who for any consideration is held out to the public as available for hire to consort with or to accompany another person to social affairs, places of amusement or entertainment, within any place of public resort, or within any private quarters.
Escort bureau: Any person who for any consideration furnishes, refers or offers to furnish or refer escorts, or provides or offers to introduce patrons to escorts.
Escort runner: Any person who is not an escort and who for any consideration, as the agent for either an escort bureau or an escort patron, contacts or meets with escort patrons or escort bureaus at any location other than the established open office.
Establish: The opening or commencement of any adult business as a new business; the conversion of any existing business to any adult business; the addition of any adult business to any other existing adult business; or the relocation of any adult business.
Knowingly: With respect to conduct or to a circumstance described in this chapter as an offense, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.
Licensee: Any person to whom an adult business license is issued.
Manager: Any person who exercises general control over an adult business while working at the premises of such business.
Manager's station: Any portion of an adult business designated by the operator as an area in which a manager shall be placed to observe employee and/or patron conduct.
Nonporous: Excludes any wood, plywood, composition board or other porous material.
Nude, nudity or state of nudity: The appearance of the cleft of the buttocks, anus, genitals or areola of the female breast; or a state of dress which fails to opaquely cover the cleft of the buttocks, anus, genitals or areola of the female breast.
Nude model: Any employee who appears nude or semi-nude at a nude model studio.
Nude model studio: Any place where a person appears nude or semi-nude, and is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons for any consideration. The term "nude model studio" does not include a proprietary school that is licensed by this state; a college, community college or university that is supported entirely or in part by taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college or university that is supported entirely or in part by taxation; or a structure to which all of the following apply:
(a)
A sign is not visible from the exterior of the structure and no other advertising appears on the premises indicating that a nude or semi-nude person is available for viewing;
(b)
The business does not otherwise advertise itself as an adult business;
(c)
Where in order to participate in a class, a student must enroll at least three days in advance of the class; and
(d)
Where no more than one nude or semi-nude model is on the premises at any one time.
Operator: Any natural person who owns an adult business or is required to be licensed under section 21.2-24 for any corporation, limited liability company, partnership, trust or other legal entity that owns an adult business.
Person: Any natural person, corporation, limited liability company, partnership, trust or other legal entity.
Recklessly: With respect to a result or to a circumstance described in this chapter as an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such a nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.
Semi-nude or semi-nudity: A state of dress which shows the female breast below a horizontal line across the top of the areola at its highest point, or which shows the male or female buttocks. This definition shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, leotard, bathing suit or other wearing apparel, provided that the areola is not exposed in whole or in part.
Semi-nude business: Any commercial establishment, other than an adult cabaret, nude model studio or topless bar, which features employees who appear semi-nude before customers on the business premises. The term "semi-nude business" is intended to apply to businesses which emphasize and seek, through the conduct of any employee or performer, to arouse or excite the patron's sexual desires. Nothing in this definition shall be construed to apply to the presentation or performance of any play, drama or ballet in any theater, concert hall, fine arts academy, school, institution of higher education or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion of exploitation of semi-nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.
Semi-nude business performer: Any employee of a semi-nude business who appears semi-nude at such business.
Specified anatomical areas: Human genitals in a state of sexual arousal; the appearance of the cleft of the buttocks, anus, genitals or areola of the female breast; or a state of dress which fails to opaquely cover the cleft of the buttocks, anus, genitals or areola of the female breast.
Specific sexual activities: Any of the following activities:
(a)
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(b)
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(c)
Masturbation, actual or simulated; or
(d)
Excretory functions as part of or in connection with any activities set forth in subsections (a) through (c) of this definition.
Tax and license manager: The person designated by the city to act as tax and license manager, regardless of such person's official Title with the city.
Topless bar: Any establishment which is required to hold a liquor license under Arizona law and which offers semi-nude performers as entertainment.
Topless bar performer: Any employee of a topless bar who appears semi-nude at such bar.
Viewing room: Any room, booth or area where a patron of an adult business would ordinarily be positioned while watching a film, video cassette or other video reproduction.
(Ord. No. 2076, § 1, 5-11-99; Ord. No. 2945, § 1, 6-23-15; Res. No. 4998, § 1(Exh. A), 6-23-15)