Skip to main content
Loading…

Article 18-2 DEFINITIONS

This article is included in your selections.

Adult arcade” means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the exhibiting of specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store or adult video store” means a commercial establishment which offers sexually explicit material for sale or rental for any form of consideration, and meets any one (1) or more of the following criteria:

1. That has thirty percent (30%) or more of its inventory, stock or merchandise on hand at any time that is comprised of sexually explicit material; or

2. That derives thirty percent (30%) or more of its gross income for any one (1) calendar month from the sale or rental, for any form of consideration, of sexually explicit material; or

3. That at any time displays sexually explicit material either in a display area that is thirty percent (30%) or more of its total display area or on a floor area equal to at least two hundred (200) square feet. For purposes of calculating the floor area, the business premises shall be viewed from above in two (2) dimensions and all areas that are reserved for foot traffic shall be included; or

4. That regularly excludes minors from the premises because of the sexually explicit nature of the items sold, rented or displayed on the business premises.

Adult cabaret” means a nightclub, bar, topless bar, restaurant or similar commercial establishment which during any part of any two (2) or more days within any thirty (30) day period features, exhibits or displays:

1. Persons who appear in a state of nudity or semi-nudity; or

2. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

3. Films, motion pictures, videocassettes, video reproductions, slides or other reproductions offered in photographic, electronic, magnetic, digital or other imaging medium or other visual representations which are characterized by an emphasis on matters that depict or exhibit specified sexual activities or specified anatomical areas.

Adult motel” means a hotel, motel or similar commercial establishment which:

1. Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, video reproductions, slides, or other reproductions offered in photographic, electronic, magnetic, digital or other imaging medium or other visual presentations which are distinguished or characterized by specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of “adult,” “nude,” “sex,” or “XXX” movies, videos, films or similar 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.

Adult motion picture theater” means a commercial establishment that features, exhibits, or displays during any part of any two (2) or more days within any continuous thirty (30) day period, for any form of consideration, films, motion pictures, videocassettes, video reproductions, slides, or similar reproductions offered in photographic, electronic, magnetic, digital or other imaging medium or other visual representations that are distinguished or characterized by an emphasis on matters that depict or exhibit specified sexual activities or specified anatomical areas.

Adult theater” means a theater, concert hall, auditorium, or similar establishment that features, exhibits, or displays during any part of any two (2) or more days within any continuous thirty (30) day period, for any form of consideration, persons who appear in a state of nudity or semi-nudity, or live performances that expose or exhibit specified anatomical areas or specified sexual activities.

Nothing in this chapter shall be construed or apply to the nonobscene presentation, showing 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 sex for the purpose of advancing the economic welfare of a commercial or business enterprise.

Employee” means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

Erotic entertainer” means any employee who appears either semi-nude or in a state of nudity on the premises of a sexually oriented business.

Escort” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts for a fee, tip or other consideration.

Establishment” means and includes any of the following:

1. The opening or commencement of any sexually oriented business as a new business;

2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

3. The addition of any sexually oriented business to any other existing sexually oriented business; or

4. The relocation of any sexually oriented business.

Licensee” means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and, in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

Nude model studio” means any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly exhibited before other persons who pay money or any form of consideration. “Nude model studio” shall not include a proprietary school licensed by the State of Arizona or a college, community college or university supported entirely or in part by public taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or a university supported entirely or partly by taxation; or a structure:

1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

2. Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

3. Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.

Nudity or a state of nudity” means:

1. The showing of the human anus, male genitals, female genitals, or female breasts; or

2. A state of dress which fails to opaquely cover a human anus, male genitals, female genitals, or female breasts.

Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Semi-nude or in a semi-nude condition” means a state of dress that shows the female breast below a horizontal line across the top of the areola at its highest point, that shows the covered male genitals in a discernibly turgid state, or that shows the male or female buttocks. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

Sexual encounter center” means a business or commercial enterprise that offers for any form of consideration or features, displays, exhibits, or permits:

1. Physical contact in the form of wrestling or tumbling between two (2) or more persons when one (1) or more of the persons is in a state of nudity or is semi-nude; or

2. Two (2) or more persons engaging in specified sexual activities or exposing specified anatomical areas.

Sexually explicit material” means books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, videocassettes, video reproductions, slides or other products offered in photographic, electronic, magnetic, digital or other imaging medium, or other visual representations that are distinguished or characterized by an emphasis on matters that depict, describe or exhibit specified sexual activities or specified anatomical areas, or instruments, devices, or paraphernalia, excluding condoms and other birth control and disease prevention products that are designed for use in connection with specified sexual activities.

Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

Specified anatomical areas” means:

1. The human genitals in a state of arousal; or

2. The appearance of the cleft of the buttocks, anus, male or female genitals, or areola of the female breast; or

3. A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male or female genitals, or areola of the female breast.

Specified criminal activity” means any of the following offenses:

1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

2. For which:

a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.

3. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

Specified sexual activities” means any of the following:

1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

3. Excretory functions as part of or in connection with any of the activities set forth in subsections (1) and (2) of this definition.

Substantial enlargement” (of a sexually oriented business) means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this chapter takes effect.

Transfer of ownership or control” (of a sexually oriented business) means and includes any of the following:

1. The sale, lease, or sublease of the business;

2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

3. The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. [Prior code Art. 18-2.]