§ 21.2-150. Findings and definitions.

(a)

Findings.

(1)

The operation of a business for purposes of providing the opportunity to engage in, or the opportunity to view, live sex acts is declared to be a disorderly house and a public nuisance per se which should be prohibited.

(2)

The operation of a live sex act business contributes to the spread of sexually transmitted diseases.

(3)

The operation of a live sex act business is found to be contrary to the public health, safety, welfare and morals.

(4)

Evidence in support of these findings may be found in the Sex Clubs, Factual Record and the Sexually Oriented Businesses, Factual Record, Supplement.

(b)

In this article, unless the context otherwise requires:

(1)

Consideration means the payment of money or the exchange of any item of value for:

a.

The right to enter the business premises, or any portion thereof; or

b.

The right to remain on the business premises, or any portion thereof; or

c.

The right to purchase any item permitting the right to enter or remain on the business premises, or any portion thereof; or

d.

The right to a membership permitting the right to enter or remain on the business premises, or any portion thereof.

(2)

Live sex act means any act whereby one or more persons engage in a live performance or live conduct which contains sexual contact, oral sexual contact or sexual intercourse.

(3)

Live sex act business means any business in which one or more persons may view, or may participate in, a live sex act for a consideration.

(4)

Operate and maintain means to organize, design, perpetuate or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.

(5)

Oral sexual contact means oral contact with the penis, vulva or anus.

(6)

Sexual contact means any direct or indirect touching, or manipulating of any part of the genitals, anus or female breast by any part of the body or by any object or causing a person to engage in such contact.

(7)

Sexual intercourse means penetration into the penis, vulva or anus by any part of the body or by any object or manual masturbatory contact with the penis or vulva.

(Ord. No. 2059, § 2, 1-26-99; Ord. No. 2076, § 1, 5-11-99)