Gulfport Code of Ordinances § 5-340 Definitions.
Sec. 5-340. - Definitions.
Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
Adult bookstore, adult novelty store or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas;" or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities." This does not include items used for birth control or for prevention of sexually transmitted diseases.
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 an 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 of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas." A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
Adult cabaret means a nightclub, bar, restaurant, cafe, or similar commercial establishment that regularly, commonly, habitually, or consistently features:
(a) Persons who appear in a state of nudity or seminudity;
(b) Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities";
(c) Films, motion pictures, video cassettes, slides, photographic reproductions, closed-circuit television transmissions, cable television transmissions, subscriber programming, any disk, diskette or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, fiber optic line, cable, satellite transmission or other method, which is characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(d) Persons who engage in "exotic" or erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
Adult entertainment business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center. The term adult entertainment business shall not be construed to include:
(1) Any business operated by or employing a licensed psychologist, licensed physical therapist, licensed masseuse, licensed vocational nurse, registered nurse, licensed athletic trainer, licensed cosmetologist, or licensed barber engaged in performing the normal and customary function authorized under the license;
(2) Any business operated by or employing a licensed physician or licensed chiropractor engaged in practicing the healing arts;
(3) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and that does not exhibit merchandise on live models.
Adult motel means a hotel, motel or similar commercial establishment that:
(a) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, cable television transmissions, subscriber programming, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, fiber optic line, cable, satellite transmission or other method, films, motion pictures, video cassettes, slides, or other photographic reproductions that 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 that advertises the availability of this adult type of photographic reproductions;
(b) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(c) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
Adult motion picture theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, any disk, diskette, or other physical medium that allows an image to be displayed on a computer or other video screen and any image transmitted to a computer or other video screen by telephone line, fiber optic line, cable, satellite transmission or other method, are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or seminudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
Employee means a person who performs any service whatsoever to the customers of an adult entertainment business or who works in or about an adult entertainment business and who receives compensation for such service or work form the operator or owner of the adult entertainment business or from the customers therein. "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, nor does "employee" include a person exclusively on the premises as a patron or customer.
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.
Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Establishment means and includes any of the following:
(a) The opening or commencement of any adult entertainment business as a new business;
(b) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;
(c) The additions of any adult entertainment business to any other existing adult entertainment business;
(d) The relocation of any adult entertainment business; or
(e) An adult entertainment business or premises on which the adult entertainment business is located.
Licensed day-care center means a facility licensed by the state, whether situated within the city or not, that provides shelter and personal care for more than five (5) children under thirteen (13) years of age, where such children are not related within the third degree computed according to the civil law to the operator of the facility, for any part of the twenty-four-hour day, regardless of whether or not the facility is operated for a profit or charges for the services it offers.
Licensee means a person in whose name a license has been issued, as well as the individual listed as an applicant, owner or licensee on the application for a license.
Live theatrical performance means a play, skit, opera, ballet, concert, comedy, or musical drama.
Misdemeanor means that upon conviction a fine not more than one thousand dollars ($1,000.00) and/or imprisonment for a term not exceeding ninety (90) days shall be imposed at the discretion of the municipal court.
Nude model studio means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.
Nudity or a state of nudity means the:
(1) Appearance of a human bare buttock, vulva, anus, anal cleft or anal cleavage, pubic area, male genitals or female genitals, with less than a fully opaque covering; or
(2) A state of dress which fails to completely and opaquely cover a human buttock, vulva, anus, mail genitals, female genitals or any part of the female breast or breasts that is situated below a point immediately above the top of the areola of the female breast.
Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.
Premises means the real property upon which the adult entertainment business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult entertainment business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to division 4 of this article.
Regularly means featuring, promoting, permitting to occur or advertising a happening or occurrence on a recurring basis.
Seminude or seminudity means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. 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.
Sexual encounter center means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(a) Physical contact in the form of specified sexual activities between persons of the opposite sex and/or persons of the same sex; or
(b) Activities between persons of the opposite sex and/or persons of the same sex when one or more of the persons is in a state of nudity.
Specified anatomical areas means:
(a) Human genitals in a state of sexual arousal or simulated to be in a state of sexual arousal, even if completely and opaquely covered; or
(b) Any of the following, or any combination of the following, when less than completely and opaquely covered:
1. Any human genitals, pubic region, or pubic hair;
2. Any buttock; or
3. Any portion of the female breast or breasts that is situated below a point immediately above the top of the areola.
Specified criminal activity means any of the following offenses:
(a) 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; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this state, other states, or other countries.
(b) For which:
1. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the last conviction, whichever is the later date, if the convictions are for two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period;
(c) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
Specified sexual activities means and includes any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation, actual or simulated; or
(d) Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (c) above.
Substantial enlargement of a adult entertainment business means the increase in floor areas occupied by the business by more than twenty-five (25) percent, as the floor areas existed on the date of adoption of this article.
Transfer of ownership or control of an adult entertainment business means and includes any of the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. No. 2679, § 2(Exh. A, art. II), 6-22-10)