18.74.020 Definitions.
A. “Sexually oriented business” means any commercial premises that offers the sale, exchange, renting, loaning, trading, transferring or providing for viewing activities defined as adult entertainment or adult entertainment merchandise or which includes but is not limited to those businesses defined as follows:
1. “Adult bathhouse,” which means a commercial bathhouse that excludes minors (non-adults) by virtue of age from the premises; provided, that this definition shall not include facilities that offer “adult-only” sessions or programs as a part of their athletic or recreational programs or activities.
2. “Adult book and video establishment” means a commercial establishment that has 10 percent or more of the value of all its stock in trade, consisting of books, magazines, periodicals or other printed matter; and/or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas” as defined in this section.
3. “Adult cabaret,” which means a commercial establishment that presents dancers, strippers, male or female impersonators, or similar types of entertainment and which excludes minors (non-adults) by virtue of age from the premises.
4. “Adult entertainment facility,” which means any establishment where the business or activity of the facility includes adult entertainment, as defined in ACC 5.30.020, and/or includes any of the following:
a. Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance, or dance involves a person who is unclothed or in such costume, attire, or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
b. Any exhibition, performance, dance or conduct of any type conducted in a premises where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
i. Human genitals in a state of sexual stimulation or arousal;
ii. Acts of human masturbation, sexual intercourse or sodomy; or
iii. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
c. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which is conducted in a premises where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances or dances are commonly referred to as table dancing, couch dancing, taxi dancing or straddle dancing;
d. It is provided however that for the purposes of this chapter, adult entertainment activities do not include the following:
i. Plays, operas, musicals, or other dramatic works that are not obscene;
ii. Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or
iii. Exhibitions, performances, expressions or dances that are not obscene;
It is further provided that these exemptions shall not apply to the sexual conduct defined in ACC 5.30.020(O), or the sexual conduct described in RCW 7.48A.010(2)(b)(ii) and (iii).
5. “Adult live entertainment establishment” shall mean a commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment to a member of the public on a regular basis or as a substantial part of the premises activity.
6. “Adult massage parlor” means a commercial establishment in which massage or other touching of the human body is provided for a fee and which excludes minors (non-adults) by virtue of age from the premises.
7. “Adult motion picture theater” means an enclosed building or outdoor drive-in theaters used for presenting motion picture films, video cassettes, cable television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein, for observation by patrons therein.
8. “Adult retail establishment” means an establishment such as any bookstore, adult novelty store, adult video store, or other similar commercial establishment, business, service, or portion thereof, which, for money or any other form of consideration, provides adult entertainment material, as defined in this section, and which at least 10 percent of its stock-in-trade for sale, exchange, rental, loan, trade, transfer, and/or provision for viewing or use off the premises of the adult retail establishment as defined in this chapter. There shall be a rebuttable presumption that a business is an adult retail establishment if either: (1) the dollar value of on-site inventory of adult entertainment material equals at least 10 percent of the business’ entire inventory; (2) at least 10 percent of the establishment’s revenue is derived from adult entertainment material; or (3) at least 10 percent of the total floor area of the business is devoted to displaying and/or supporting the adult entertainment material. In determining whether or not the presumption is rebutted, the director may consider the following factors, which are not conclusive:
Whether minors are prohibited from access to the premises of the establishment due to the adult entertainment nature of the inventory;
Whether the establishment is advertised, marketed, or held out to be an adult merchandising facility;
Whether adult entertainment merchandise is an establishment’s primary or one of its principal business purposes; or
An establishment may have other principal business purposes that do not involve the offering for sale or rental of adult entertainment merchandise and still be categorized as an adult retail establishment. Such other business purposes will not serve to exempt such establishments from being categorized as an adult retail establishment so long as one of its business purposes is offering for sale or rental, for some form of consideration, the specified adult entertainment merchandise. The director shall have full discretion to give appropriate weight to the factors set forth above as well as other factors considered depending on the particular facts and circumstances of each application.
9. “Adult sauna parlor” means a commercial sauna establishment, which excludes minors (non-adults) by virtue of age from the premises.
10. “Panoram or peepshow” means any device which, upon the insertion of a coin or by any other means of payment, including membership fee or other charge, exhibits or displays a picture or view by film, video or other means, including observation of live performances depicting, describing or relating to “specified sexual activities” or “specified anatomical areas,” as defined herein.
B. “Adult entertainment material” means any books, magazines, cards, pictures, periodicals or other printed matter, or photographs, films, motion pictures, video tapes, slides, or other photographic reproductions, or visual representations, CD ROMs, DVDs, disks, electronic media, or other such media, or instruments, devices, equipment, paraphernalia, toys, novelties, games, clothing or other merchandise or material, which are characterized by an emphasis on the depiction, description or simulation of “specified anatomical areas” or “specified sexual activities,” as defined by this title. This includes any instrument, device, or paraphernalia that are designed for use in connection with any specified sexual activities.
C. “Adult uses” means any establishment meeting the definition of an adult entertainment establishment or any establishment that otherwise provides adult entertainment or adult entertainment merchandise as defined herein.
D. “Specified anatomical areas” means:
1. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
E. “Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast;
4. Excretory functions as part of or in connection with any of the activities set forth in this subsection. (Ord. 5835 § 1, 2004.)