§ 16-237. Definitions.

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

Adult service means dancing, service of food or beverages, modeling, posing, wrestling, singing, reading, talking or listening, or other performances or activities conducted for any consideration in an adult service business by a person who is nude or semi-nude during all or part of the time that the person is providing the service.

Adult service business means a business establishment or premises where any adult service is provided to patrons in the regular course of business and as one of its principal business purposes.

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, or other visual media characterized by depiction of "specified sexual activities" or "specified anatomical areas" are shown in the regular course of business 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.

Booth means a partitioned area, in which coin or token operated video machines, projectors or other electronically or mechanically controlled devices are used in the regular course of business to produce still or moving picture images characterized by depiction of specified sexual activities or specified anatomical areas.

Cabaret means a sexually oriented business licensed to provide alcoholic beverages pursuant to a license described in A.R.S. § 4-209(B).

Director means the Customer Service Director of the City of Scottsdale or the director's designee.

Electronic benefit transfer card transaction means the use of a credit or debit card service, automated teller machine or point-of-sale terminal or access to an online system for the withdrawal of cash assistance provided pursuant to A.R.S. Title 46, Chapter 2, Article 5, or for the processing of a payment for merchandise or a service from cash assistance provided pursuant to A.R.S. Title 46, Chapter 2, Article 5.

Electronic visual media means films, motion pictures, video cassettes, slides, digital video disks and other similar electronic digital or mechanical image productions, characterized by an emphasis on the display of specified sexual activities or specified anatomical areas.

Employee means any person hired, engaged or authorized to perform any service on the premises of an adult service business, including an adult service provider, whether denominated as an employee, independent contractor or otherwise.

Enterprise means a corporation, association, labor union or other legal entity, as provided in A.R.S. § 13-105.

General manager means the General Manager of Financial Services of the City of Scottsdale or the general manager's designee.

License means the license required by this article as a condition to conducting a sexually oriented business.

Licensee means a person or enterprise holding a sexually oriented business license issued under this article, including those persons required to provide information under section 16-240(c) of this article.

Manager's station means a permanently designated area marked accordingly within a sexually oriented business where a sexually oriented business manager is located in the normal course of operations.

Nude means a state of dress in which the genitals, pubic hair, vulva, mons veneris, anus, and the nipple and areola of the female breast are covered with less than the covering described in the definition of "semi-nude."

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 article to engage in the activities of an adult service provider or sexually oriented business manager.

Semi-nude means a state of dress in which opaque, non-flesh colored material covers at least and no more than the genitals, pubic hair, vulva, mons veneris, anus, and the nipple and areola of the female breast.

Sexually oriented business means an adult service business or an adult video facility.

Sexually oriented business manager or manager means a person on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business.

Specified anatomical areas mean human genitals, pubic hair, vulva, mons veneris, anus, cleft of the buttocks, female breasts below the top of the areola or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activity means:

(1)

Intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions in connection with any of the activities in (1) above.

(3)

Intentionally or knowingly touching the anus, vulva, genitals, or female breast of any other person with the intent to sexually arouse or excite. This definition is not intended to include incidental touching or physical contact between the buttocks of an adult service provider and the lap of a patron.

Viewing room means the room, booth, or area where a patron of a sexually oriented business would be positioned while watching electronic visual media.

(Ord. No. 2521, § 1, 6-15-93; Ord. No. 2644, § 1, 2-28-94; Ord. No. 2804, § 1, 6-19-95; Ord. No. 3747, § 1(Exh. 1), 7-10-07; Ord. No. 4202, § 7, 5-12-15)