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(h)
<br />
<br />(i)
<br />
<br />(k)
<br />
<br />(g)
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<br />ADULT MOTZON PZCTURE THEATER means a commercial establishment occupying a
<br />building or portion of a building (including any portion of a building which contains more
<br />than 150 square feet) where, for any form of consideration, films, motion pictures, video
<br />cassettes, slides or similar photographic reproductions, or other projected images are
<br />regularly shown, if such establishment as a prevailing practice excludes minors by virtue of
<br />age, regardless of whether the minor is accompanied by a parent or guardian, or if, as a
<br />prevailing practice, the films, motion pictures, video cassettes, slides or similar photographic
<br />reproductions, or other projected images presented are characterized by an emphasis on
<br />the depiction or description of "specified sexual activities" or "specified anatomical areas"
<br />for observation by patrons therein.
<br />
<br />ADULT NOVELTY STORE means a business offering goods for sale or rent and that meets
<br />any of the following tests:
<br />
<br />O)
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<br />more than five percent (5%) of the stock in trade of the business consists of
<br />"sexually-oriented novelties or toys;" and more than five percent (5%) of the
<br />gross public floor area of the business is devoted to the display of "sexually-
<br />oriented novelties or toys;" or
<br />
<br />(2)
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<br />it offers for sale items from any two (2) of the following categories: "adult
<br />media," "sexually-oriented novelties or toys," apparel or other items marketed or
<br />presented in a context to suggest their use for sadomasochistic practices, and the
<br />combination of such items constitutes more than ten percent (10%) of the stock
<br />in trade of the business and occupies more than ten percent ([0%) of the gross
<br />public floor area of the business; or
<br />
<br />(3)
<br />
<br />which advertises or holds itself out in any forum as a sexually oriented business
<br />by use of such terms as "sex toys, "marital aids," ~X-rated," "XXX," "adult," "sex,"
<br />"nude," or otherwise advertises or holds itself out as a sexually oriented business.
<br />
<br />ADULT NOVELTY STORE shall not include any establishment which, as a substantial
<br />portion of its business, offers for sale or rental to persons employed in the medical, legal or
<br />education professions anatomical models, including representations of human genital
<br />organs or female breasts, or other models, displays, and exhibits produced and marketed
<br />primarily for use in the practice of medicine or law or for use by an educational institution.
<br />
<br />ADULT THEATER means a theater, concert hall, auditorium, or similar commercial
<br />establishment that as a substantial or significant portion of its business regularly features
<br />persons who appear in a state of nudity or semi-nudity, live performances which are
<br />characterized by an emphasis on the depiction or description of "specified anatomical
<br />areas," "specified sexual activities," or live entertainment of an erotic nature that is
<br />characterized by an emphasis on the depiction or description of "specified anatomical
<br />areas," or ~specified sexual activities".
<br />
<br />COVERZNG means any clothing or wearing appare[, including pasties, but does not include
<br />any substance that can be washed off the skin, such as paint or make-up, or any substance
<br />designed to simulate the appearance of the anatomical area beneath it.
<br />
<br />EMPLOYEE means a person who performs any service or work on the premises of a
<br />Sexually Oriented Business, including but not limited to providing entertainment, performing
<br />work of a management or supervisory nature,' or performing support functions, on a full-
<br />time, part-time or contract basis, whether or not the person is denominated an employee,
<br />independent contractor, agent or otherwise and whether or not said person is paid a salary,
<br />wage or other compensation by the operator of said business. Employee does not include a
<br />person on the premises exclusively for repair or maintenance of the premises or equipment
<br />on the premises, or for the delivery of goods to the premises.
<br />
<br />EMPLOYEE S'FATZON means an area on the premises of a Sexually Oriented Business
<br />designated for occupancy exclusively by one or more employees whose duties include
<br />assuring compliance with the provisions of this Chapter.
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<br />Pa~e 5 of 24
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