Sec. 24-233. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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 (5) or fewer persons each, are regularly 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.
Adult bookstore, adult novelty shop, and adult video store means a commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising to the sale, rental or viewing, 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."
2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
3. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty shop or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty shop or adult video store, so long as one of its principal business purposes is the offering for sale, rental or viewing, for any form of consideration, the specified materials which depict or describe" specified anatomical areas" or "specified sexual activities."
Adult cabaret means a nightclub, bar, restaurant "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
1. Persons who appear nude or in a state of nudity or semi-nudity;
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."
Adult motel means a motel, hotel or similar commercial establishment which:
1. Offers public accommodations, for any form of consideration, which 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 which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets, leaflets, radio or television; and
2. Offers a sleeping room for rent for a period of time less than ten (10) hours or allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.
Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude, in a state of nudity or semi-nudity, or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities."
Escort means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
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.
Employee means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
Establishment means and includes any of the following:
1. The opening or commencement of any such sexually oriented business as a new business;
2. The conversion of an existing business, regardless of whether it currently exists as a sexually oriented business, to any of the sexually oriented businesses defined in this article;
3. The addition of any of the sexually oriented businesses defined in this article to any other existing sexually oriented business; and
4. The relocation of any such sexually oriented business.
Knowledge or knowledge of means having knowledge of the content and character of the patently offensive sexual conduct which appears in the lewd matter.
Lewd matter means any matter which:
1. The average person finds, when applying contemporary community standards and when considered as a whole, appeals to the prurient interest; and
2. Depicts or describes patently offensive representations simulated; ultimate sexual acts, normal, perverted, or actual; or masturbation, excretory functions, or the exhibition of the genitals or genital area.
Nothing in this definition is intended to include or proscribe any matter which, when considered as a whole and in the context in which it is used, possesses serious literary, artistic or political scientific value.
Live entertainment means a person who appears nude, semi-nude, or a performance which is characterized by the exposure of specified anatomical areas or by specified sexual activities.
Massage parlor means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of, or in connection with, "specified sexual activities," or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in or by any licensed hospital, licensed physician, surgeon, chiropractor, osteopath, or any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, or by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program, or by any person so licensed to perform such activities.
Matter means a motion picture film or a publication, or both.
Motion picture film means any:
1. Film or plate negative or positive; or
2. Film designed to be projected on a screen for exhibition;
3. Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
4. Video tape or any other medium used to electronically reproduce images on a screen.
Nude model studio means any place where a person who regularly appears in a state of nudity or displays "specified anatomical areas" for money or any form of consideration and is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
Nudity or state of nudity means:
1. The appearance of bare human buttocks, anus, male or female genitals, or the areola or nipple of the female breast; or
2. A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
Operator means and includes the owner, permit holder, custodian, manager, operator or other person in charge of any permitted or licensed premises.
Permitted premises or licensed premises means any premises that requires a license and/or permit for operation and that is classified as a sexually oriented business.
Permittee or licensee means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
Place means and includes, but is not limited to, any building, structure or place, or any separate part or portion thereof, whether permanent or not, or the ground itself.
Public building means any building owned, leased or held by the United States, the State of Indiana, the County of Lake, the Town, any special district, school district, or any other agency or political subdivision of the State of Indiana or the United States, which building is used for governmental purposes.
Public park or recreation area means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or other similar public land within the Town which is under the control, operation, or management of the Town Park and Recreation authorities.
Publication means any books, magazine, article, pamphlet, writing, painting, illustration, picture, sound recording, or motion picture film which is offered for sale or exhibition in a coin-operated machine.
Regularly means the featuring of a continuous presentation of sexual material including, but not limited to, films, movies, videos, and the like, depicting specified sexual activities or displaying specified anatomical areas as one of the very objectives of the commercial enterprise.
Religious institution means any church, synagogue, mosque, temple or other building, which is used primarily for religious worship and related religious activities.
Sale means a passing of title or right of possession from a seller to a buyer for valuable consideration and shall include, but is not limited to, any lease, rental arrangement or other transaction wherein and whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
School means any public or private educational facility including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities and includes the school grounds, but does not include facilities used primarily for another purpose which are only incidentally used as a school.
Semi-nude or semi-nudity means a state of dress in which clothing covers no more than the genitals, anus, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
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 (2) or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities or the exposure of specified anatomical areas, or activities when one or more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses 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.
Sexually oriented business means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or nude model studio.
Specified anatomical areas means any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities means any of the following:
1. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts;
2. Sexual acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence; or
5. Excretory functions as part of, or in connection with, any of the activities set forth in subsections (1) through (4) of this definition.
Substantial enlargement of a sexually oriented business means an increase in the floor areas occupied by a sexually oriented business by more than fifteen (15) percent, as the floor areas exist on the date this chapter takes effect.
Transfer of ownership or control of a sexually oriented business means 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 devise, which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.