Athens City Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore means an establishment having as a substantial or significant portion of its stock and trade in books, films, video cassettes, or magazines and other periodicals which are distinguished or characterized by the emphasis on matter depicting, describing or relating to specified anatomical areas, as defined in this section for observation by patrons therein.

Adult cabaret means an establishment which features, as a principal use of its business, entertainers and/or waiters and/or bartenders who expose to public view of the patrons within the establishment, at any time, the bare female breast below a point immediately above the top of the areola, human genitals, pubic region, or buttocks, even if partially covered by opaque material or completely covered by translucent material, including swimsuits, lingerie, or latex covering. The term "adult cabaret" shall include commercial establishments which feature entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling, or any other personal service offered customers.

Adult mini motion picture theater means an enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult-oriented establishment includes, but shall not be limited to, adult bookstores, adult motion picture theaters, adult mini motion picture establishments, or adult cabarets and further means any premises to which the public or patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainments are held, conducted, operated or maintained for a profit, direct or indirect. The term "adult-oriented establishment" further includes, without being limited to, any adult entertainment studio or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

Employee means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.

Entertainer means any person who provides entertainment within an adult-oriented establishment, as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.

Operator means any person, partnership, or corporation operating, conducting, or maintaining an adult-oriented establishment.

Specified anatomical areas means:

1. (1) Less than completely and opaquely covered:
   1. (a) Human genitals, pubic region;
   2. (b) Buttocks;
   3. (c) Female breasts below a point immediately above the top of the areola area; and
2. (2) Human male genitals in a discernibly turgid state, even if completely opaquely covered.

Specified sexual activities means:

1. (1) Human genitals in a state of sexual stimulation or arousal;
2. (2) Acts of human masturbation, sexual intercourse, or sodomy;
3. (3) Fondling or erotic touching of human genitals, pubic region, buttock, or female breasts.

(Code 1995, § 9-1002; Ord. No. 843, § 1, 4-21-1998)