5.30.020 Definitions.
A. “Adult entertainment establishment” means any panoram or peepshow or business or commercial premises to which any member of the public is invited or admitted and where a performer provides live adult entertainment to any member of the public.
B. “Adult entertainment” means:
1. Any exhibition, performance or dance 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 portions 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 stage, even if completely and opaquely covered; or
2. Any exhibition, performance or dance 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:
a. Human genitals in a state of sexual simulation or arousal;
b. Acts of human masturbation, sexual intercourse or sodomy; or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
3. Any exhibition, performance or dance intended to sexually stimulate any patron and 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.
C. “Applicant” means the individual or entity seeking an adult entertainment establishment license in the city of Auburn.
D. “Applicant control persons” means all partners, owners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the adult entertainment establishment business, based on responsibility for management of the adult entertainment establishment business.
E. “Business license clerk” means such city employees or agents as the mayor shall designate to administer this chapter, or any designee thereof.
F. “Employee” means any and all persons, including managers, performance and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment establishment.
G. “Performer” means any person who provides adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment.
H. “Liquor” means all beverages defined in RCW 66.04.200.
I. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at any adult entertainment establishment, and includes assistant managers working with or under the direction of a manager to carry out such purposes.
J. “Operator” means any person operating, conducting or maintaining an adult entertainment establishment.
K. “Panoram” or “peepshow” shall mean any device which, upon 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.
L. “Panoram premises” means any premises or portion of a premises on which a panorama is located and which is open to the public, including through membership.
M. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
N. “Member of the public” means any customer, patron, club member, or person, other than an employee as defined in this section, who is invited or admitted to an adult entertainment establishment.
O. “Sexual conduct” means acts of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
2. Any penetration of the vagina or anus, however slight, by an object; or
3. Any contact between persons involving the sex organs of one person and the mouth or anus or another; or
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touch of the sex organs or anus, whether clothed or unclothed, of oneself or one person by another for the purpose of sexual gratification of the person touched, being touched or any third party. (Ord. 5897 § 14, 2005; Ord. 5835 § 2, 2004; Ord. 4887 § 3, 1996.)