§ 8-93. Definitions.

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

Adult entertainment establishment means the premises on which defined establishments operate and on which defined activities occur shall constitute adult entertainment establishments. Adult entertainment establishments include, but are not limited to:

Adult bookstore means a business or establishment having a substantial or significant portion of its stock in trade, books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material, or five percent of its net sales consisting of printed material which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Adult business means either:

a.

Any business or establishment which is conducted exclusively for the patronage of adults and as to which minors are specifically excluded from patronage thereat either by law or by the operators of such business or establishment;

b.

Any business or establishment to which the public or any portion thereof is permitted where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or

c.

Any other business or establishment to which the public or any portion thereof is permitted which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, discussing or relating to specified sexual activities or specified anatomical areas. Adult businesses include, but are not specifically limited to, the following:

Adult dancing establishment means a business or establishment that features live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Adult motion picture theater means a business or establishment that is used for presenting material distinguished or characterized by an emphasis on matter depicting describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein, including a business or establishment wherein coin- 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 and where the images so displayed are distinguished or characterized by an emphasis on, depicting or describing specified sexual activities or specified anatomical areas.

Adult video store means a business or establishment having a substantial or significant portion of its stock in trade in video tapes or movies or other reproductions, for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical area or an establishment with a segment or section, comprising five percent of its total floor space, devoted to the sale or display of such material, or five percent of its net sales consisting of reproduced materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

Bath house or massage parlor means a business or establishment in which services offered include some form of physical contact between employee and patron and in which services offered are characterized by an emphasis on specified sexual activities.

Encounter center or rap establishment means a business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble or associate for the primary purpose of engaging in, describing or discussing specified sexual activities, or exposing specified anatomical areas.

Erotic entertainment/dance establishment means a business or establishment including, but not limited to, a nightclub, theater, or other establishment which features live performances by topless and/or bottomless dancers or entertainers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

Lingerie modeling studio means a business or establishment whose primary business activity consists of live performers exhibiting or modeling lingerie or similar undergarments and are characterized or distinguished by an emphasis on specified sexual activities or specified anatomical areas.

Church means a place where persons regularly assemble for religious worship; a body of congregants gathered into church order united under one form of government by the profession of the same faith and the observance of the same ritual and ceremonies; congregation, or organization assembled for religious purposes.

Conviction means adjudication of guilt, pleas of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of what is commonly called the State of Georgia First Offender Act.

Distance and measurement means the measurement of linear feet from the nearest point of the property line of the proposed premises of an adult entertainment establishment to the nearest property line of any church, library, school, college, public park, residence, or hospital. A radius shall be measured from the property line of the proposed premises to the nearest property line of any church, library, school, college, public park, residence or hospital.

Employee means any person engaged to provide or in fact providing services for an adult entertainment establishment to patrons on a regular basis whether for legal considerations or otherwise. Independent contractors whose main purpose is to provide entertainment or other services to patrons, including, but not limited to, dancers and waitresses, employed or hired by an adult entertainment establishment shall be considered as employees.

Good moral character means, although not limited to, having no convictions of a felony or crime of moral turpitude within the previous five years. Conviction shall include pleas of nolo contendere or bond forfeiture when charged with such crime.

Minor means any person who has not attained the age of 18 years.

Parcel of land means any quantity of land capable of being described by location, and boundaries, designated and used or to be used as a unit.

Park means any land or facility owned, operated, controlled or managed by county, city, state or federal government or any governmental entity or agency in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.

Residence means a house, apartment, mobile home, boarding or roominghouse, duplex, or other multifamily housing, used as a dwelling for humans, or any properties owned therefor.

School means a state, county, city, church, school, or other school, public or private, that teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post high school learning centers, kindergartens and daycare centers for persons of any age.

Specified sexual activities mean and include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually oriented acts or conduct; sodomy, cunnilingus, fellatio, pedophilia, lesbianism, homosexuality;

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3)

Use of a human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

(4)

Fondling of the human genitals, pubic region, buttocks or female breasts so as to arouse or excite the sexual desires of a patron;

(5)

Sexually oriented torture; or

(6)

Fondling or other sexual contact with an animal so as to arouse or excite the sexual desires of a patron.

Specified anatomical areas mean any of the following:

(1)

Less than completely and opaquely covered human genitals, pubic region, or anus; or female breast below a point immediately above the top of the areola; or

(2)

Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

(Code 2004, § 115.02; Ord. No. 376, 11-14-2005; Am. Ord. No. 479, 1-26-2015)