Legal Documents of Maryville

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:

1. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, 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, adult novelty store or adult video store" means a commercial establishment which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
   1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, computer software or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas;" or
   2. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."

   A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one (1) of the principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

3. "Adult cabaret" means a nightclub, bar, restaurant, or similar establishment which regularly features:
   1. Persons who appear in a state of nudity or semi-nude;
   2. Live performances which are characterized by "specified sexual activities" or by the exposure of any of the "specified anatomical areas," even if partially covered by opaque material or partially or completely covered by translucent material, including swim suits, lingerie, or latex covering; or
   3. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area."
4. "Adult entertainment" means any exhibition of any adult-oriented motion picture, live performance, display or dance of any type, which has a significant or substantial portion of such exhibition any actual or simulated performance of "specified sexual activities" or the viewing of "specified anatomical areas."
5. "Adult motel" means a hotel, motel or similar commercial establishment which:
   1. Offers sleeping room accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, 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
   2. Offers a sleeping room for rent for a period of time that is less than ten (10) hours.
6. "Adult motion picture theater" means a commercial establishment where, as one (1) of the principal purposes, and for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
7. "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
8. "Codes department" means the department or division of the city which is authorized to enforce building codes and other provisions of this code of ordinances.
9. "Employee" means a person who performs any service on the premises of a sexually-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
10. "Entertainer" means any person who provides entertainment within a sexually-oriented business 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.
11. "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.
12. "Massage parlor" means an establishment or place primarily in the business of providing massage or tanning services for the purposes of sexual stimulation or where one (1) or more of the employees exposes to public view of the patrons within said establishment, at any time, "specified anatomical areas."
13. "Nude model studio" means a commercial establishment where a person appears semi-nude or in a state of nudity, or displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio," as defined herein, shall not include a proprietary school licensed by the State of Tennessee or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or a structure:
    1. That has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing;
    2. Where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and
    3. Where no more than one (1) nude or semi-nude model is on the premises at any one (1) time.
14. "Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
15. "Operator" means a person operating, conducting or maintaining a sexually-oriented business, or a person who is identified in any report filed with the city as the operator of a sexually-oriented business.
16. "Sauna" means an establishment or place primarily in the business of providing for the purposes of sexual stimulation:
    1. A steam bath or dry heat sauna; or
    2. Massage services.
17. "Semi-nude" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
18. "Sexual conduct" means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttocks or female breast of a person for the purpose of arousing or gratifying the sexual desire of that person or another person.
19. "Sexual encounter center" means a business or commercial enterprise that, as one (1) of its principal business purposes, offers for any form of consideration:
    1. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
    2. For purpose of sexual stimulation, 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.
20. "Sexually-oriented business" includes, but is not limited to, an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio, sexual encounter center, massage parlor, or sauna, and further means any premises to which patrons or members of the public 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 entertainment, when such is held, conducted, operated or maintained for a profit, direct or indirect.
21. "Sexual stimulation" means to excite or arouse the prurient interest, or to offer to solicit acts of "sexual conduct" as defined in this chapter.
22. "Specified anatomical areas" means:
    1. Less than completely and opaquely covered:
       1. Human genitals;
       2. Pubic region;
       3. Buttocks; and
       4. Female breast below a point immediately above the top of the areola.
    2. Human male genitals in a discernible turgid state, even if completely opaquely covered.
23. "Specified criminal activity" means any of the following offenses: prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; rape; sexual assault; molestation; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of this state or other states or countries, for which:
    1. Less than five (5) years have elapsed since the date of conviction or plea of nolo contendere, or the date of release from confinement imposed, whichever is the later date, if the conviction or plea is for a misdemeanor offense;
    2. Less than ten (10) years have elapsed since the date of conviction or plea of nolo contendere, or the date of release from confinement imposed, whichever is the later date, if the conviction is of a felony offense; or
    3. Less than ten (10) years have elapsed since the date of conviction or plea of nolo contendere, or the date of release from confinement imposed, for the last conviction or plea, whichever is the later date, if the convictions or pleas are for two (2) or more misdemeanor offenses, or combination of misdemeanor offenses occurring within any twenty-four (24) month period; provided further, that the fact that a conviction is being appealed shall have no effect whatsoever on the provisions of this chapter.
24. "Specified services" means massage services, private dances, private modeling, or acting as an "escort" as defined in this chapter.
25. "Specified sexual activities" means:
    1. Human genitals in a state of sexual arousal;
    2. Acts of human masturbation, oral copulation, sexual intercourse or sodomy; or
    3. Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts. (1999 Code, § 9-802)