§ 22.04.543. Sexually-oriented businesses.

"Sexually-oriented businesses" means adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motion picture theaters, adult theaters, sexual encounter establishments, seminude model studios, escort agencies and adult motels.

"Sexually-oriented businesses" means those businesses defined as follows:

A.

"Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show 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.

B.

"Adult bookstore, adult novelty store, or adult video store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:

1.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

2.

An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.

3.

Video stores that sell and/or rent only video tapes or other photographic reproductions and associated equipment shall come within this definition if twenty percent or more of its stock-in-trade or revenues comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

C.

"Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features: (1) persons who appear nude or seminude; (2) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (3) 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.

D.

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

1.

Offers accommodation to the public for any form of consideration and 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 this adult type of photographic reproductions; or

2.

Offers a sleeping room for rent for a period of time that is less than twenty-four 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 twenty-four hours.

E.

"Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of specified anatomical areas or specified sexual activities are regularly shown for any form of consideration.

F.

"Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude or seminude, or live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities.

G.

"Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

H.

"Nude or seminude model studio" means any place where a person, who appears nude or seminude or displays specified anatomical areas, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons; provided however, the following uses shall be exempt from the provisions of this title:

1.

Persons appearing in a state of nudity or seminudity in a modeling class operated by:

a.

A proprietary school, licensed by the state of Washington; a college, junior college, or university supported entirely or partly by taxation;

b.

A private college or university approved by a national accrediting association, which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.

I.

"Sexual encounter establishment" means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas or activities when one or more persons is seminude. The definition of a sexually-oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

J.

Specific Anatomical Areas. "Specific anatomical areas" are defined as:

1.

Less than completely and opaquely covered human genitals, pubic region, buttocks and the female breasts below a point immediately above the top of the areola;

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

K.

Specific Sexual Activities. "Specific sexual activities" are defined as:

1.

Human genitals in a state of sexual stimulation; and/or

2.

Acts of human masturbation, sexual intercourse, or sodomy; and/or

3.

Fondling or other erotic touching of human genitals, pubic region, buttocks, or the female breast.

(Ord. 11274 § 2 (part), 1996)