§ 18-2 — Definitions

18-2. - Definitions.

In this chapter, unless the context otherwise requires: Adult bookstore means a commercial establishment: Which, as one (1) of its principal business purposes, offers for sale or rental, for any form of consideration, books, magazines, periodicals, or other printed matter that depict or describe "specified sexual activities" or "specified anatomical areas"; or Which offers for sale or rental instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities," excluding condoms and other birth control and disease prevention products; or Which regularly excludes all minors from the premises or a section thereof because of the sexually explicit nature of the items sold, rented or displayed therein. Adult service means a dance, performance or other activity, including, but not limited to, service of food or beverages, modeling, posing, wrestling, singing, reading, talking, or listening conducted for any consideration in an adult service business by a person who is nude during all or part of the time that the person is providing the service. Adult service business means a commercial establishment where any adult service is provided to patrons in the regular course of business and as one (1) of the principal purposes of the establishment. Adult service provider or provider means any person who provides an adult service. Adult video facility means a commercial establishment where, for any consideration, films, motion pictures, video cassette projections, slides, photographs or other visual media characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown in the regular course of business and as a principal business purpose of the establishment. "Adult video facility" does not include a theater where all viewing occurs in a common area with seating for fifty (50) or more persons. Cabaret means a sexually oriented business licensed to provide alcoholic beverages pursuant to a license described in A.R.S. Title 4. Customer Services Manager, means the Customer Services Manager of the City or the designee of that person. Director means the Management Services Director of the City or Director's designee. Manager's station means an area within an adult service business or an adult video facility where a sexually oriented business manager is located in the normal course of operations. Nude means without opaque nonflesh-colored fabric fully covering the cleft of the buttocks, anus, pubic regions, male genitals, female genitals, and female breasts below the tops of the areola. Operate or causes to be operated means to cause to function or to put or keep in operation. Operator means any person who causes to function or who puts or keeps in operation a sexually oriented business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or permittee of the business. Patron means a person invited or permitted to enter and remain upon the premises of a sexually oriented business, whether or not for a consideration. Permit means the permit required by this chapter to engage in the activities of an adult service provider or sexually oriented business manager. Permittee means a person in whose name a permit has been issued to engage in the activities of an adult service provider or sexually oriented business manager. A "designated permit holder" is the person identified as the prospective permit holder in the permit application. Person means an individual, partnership, corporation, association, joint venture, business trust, limited liability company or other legal entity. Police Chief means the Chief of Police of the City or the designated agent of the Chief of Police. Sexually oriented business means an adult bookstore, an adult service business, an adult video facility, or any combination of the foregoing. Sexually oriented business manager or manager means a person on the premises of sexually oriented business who has overall supervisory authority over the operation of the business. Specified anatomical areas means the cleft of the buttocks, anus, pubic region, male genitals, female genitals, or female breast below the top of the areola that are less than completely and opaquely covered by nonflesh-colored fabric; or human genitals in a state of sexual arousal, even if completely and opaquely covered. Specified sexual activities means actual or simulated sexual intercourse, masturbation, oral copulation, sodomy, flagellation, bestiality, fondling or other erotic touching of human genitals, pubic region, buttocks, anus or the female breast, or any combination of the foregoing. Zoning Administrator means the person appointed and responsible for the enforcement of the Zoning Ordinance of the City of Chandler.

(Ord. No. 2412, § 1, 11-18-93; Ord. No. 3013, § 3, 10-28-99)