28-01 777 Licensing for Sexually Oriented Business

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(z) (aa) (bb) (cc) (dd) (2) for which: less than two 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; or (B) less than five 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. (3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a spedfied criminal activity as defined in this section. SPECIFIED SEXUAL ACT~VTI'~ES means any of the following: (1) the fondling or other erotic touching of clothed or unclothed human genitals, pubic region, buttocks, anus, or female breasts; (2) sexual acts, normal or perverted, actual or simulated, including: intercourse, oral copulation, masturbation, and sodomy, or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification; or (3) excretory functions as a part of or in connection with any of the activities set forth in (1) or (2) above. STOCK IN TRADE means the individual items displayed in areas open to the public and offered for sale or rental in an establishment. V~DEO BOOTH means any private or semi-private booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures, videos, photographs, or similar images or photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, cd-rom, books, magazines or periodicals) for observation by patrons therein. A video booth shall not mean a theater, moviehoUse, playhouse or a room or enclosure or portion thereof which contains more than 150 square feet of floor space. V[EWING BOOTH means live viewing booth or video booth, and "V~EW[NG BOOTHS" means live viewing booths, video booths, or any combination thereof. TRANSFER OF OWNERSHIP OR CONTROL" of a Sexually Oriented BuSiness shall mean of the following: (l) 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 which 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. Page 8 of 24