§ 46-2. Definitions.
In this chapter:
(1)
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, 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 depicting or describing of "specified sexual activities" or "specified anatomical areas."
(2)
Adult bookstore or adult video store means a commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:
a.
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or
b.
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(3)
Adult cabaret means a nightclub, bar, restaurant, or similar commercial establishment which:
a.
Regularly features persons who appear in a state of nudity, semi-nudity or simulated nudity; or
b.
Regularly features live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
c.
Regularly features films, motion pictures, videocassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
d.
Is advertised either on or off the premises:
1.
As topless;
2.
As a gentleman's club, bar, or saloon;
3.
As adult entertainment;
4.
As X-rated; or
5.
By any other term calculated to attract patrons with nudity, semi-nudity or simulated nudity.
(4)
Adult motel means a hotel, motel or similar commercial establishment which:
a.
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, 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
b.
Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
c.
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.
(5)
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(6)
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(7)
Chief of police means the chief of police of the City of Irving or his designated agent.
(8)
Escort means a person who, for 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.
(9)
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.
(10)
Establishment means and includes any of the following:
a.
The opening or commencement of any sexually oriented business as a new business;
b.
The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
c.
The addition of any sexually oriented business to any other existing sexually oriented business; or
d.
The relocation of any sexually oriented business.
(11)
Heritage district means an area set aside for historical preservation by ordinance or resolution of the Irving City Council.
(12)
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.
(13)
Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(14)
Operates or causes to be operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
(15)
Nudity or a state of nudity means:
a.
The appearance of a human bare buttock, anus, male genitals, female genitals, or female breasts; or
b.
A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breasts.
(16)
Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(17)
Residential district means any R district as defined in the Irving Development Code, provided that a resident manager's dwelling unit shall not be considered a residential use for purposes of this chapter.
(18)
Residential use means a single-family, duplex, townhouse, multifamily, or mobile home use as defined in the Irving Development Code.
(19)
Semi-nude means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breasts, as well as portions of the body covered by supporting straps or devices.
(20)
Sexual encounter center means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
a.
Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b.
Activities between male and female persons and/or persons of the same sex when one (1) or more of the persons is in a state of nudity or semi-nude.
(21)
Sexually oriented business means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(22)
Specified anatomical areas means human genitals in a state of sexual arousal.
(23)
Specified sexual activities means and includes any of the following:
a.
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
b.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
c.
Masturbation, actual or simulated; or
d.
Excretory functions as part of or in connection with any of the activities set forth in a. through c. above.
(24)
Simulated nudity means a state of dress in which any device or covering, exposed to view, is worn that simulates any part of the genitals, buttocks, pubic region, or areolae of the female breasts.
(25)
Substantial enlargement of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five (25) percent, as the floor area exists on the date of passage of this chapter [June 23, 1994].
(26)
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
a.
The sale, lease, or sublease of the business;
b.
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
c.
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.
(Ord. No. 6441, § 6, 6-23-94)