Words, terms and phrases in this article shall be defined as follows:
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 video store or adult novelty store (“adult store”) means a commercial establishment which has a substantial portion of its stock-in-trade, or derives a substantial portion of its revenues or devotes a substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for sale or rental, for any form of consideration, any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser or compact discs, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas," or
(b) Instruments, devices, “adult toys” or other paraphernalia which are designed for use or marketed primarily for use in connection with “specified sexual activities”, stimulation of human genital organs or sadomasochistic use or abuse of the user or others.
(c) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental or material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe "specified sexual activities" or "specified anatomical areas" or if the business advertises the sale or rental of any such material in a way that can be seen or heard from the outside of the location.
Adult cabaret means a nightclub, bar, restaurant, café, or similar commercial establishment that regularly, commonly, habitually, or consistently features:
(a) Persons who appear in a state of nudity or semi-nudity; or
(b) Live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(c) Films, motion pictures, video cassettes, slides, photographic reproductions, or other image producing devices that are distinguished or 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 motel means a hotel, motel or similar commercial establishment that does any of the following:
(a) Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions that are distinguished or 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; or
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten 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 are regularly, commonly, habitually, or consistently shown that are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult store (see Adult bookstore, adult video store or adult novelty store)
Adult theater means a theater, concert hall, auditorium, or similar commercial establishment that regularly, commonly, habitually, or consistently features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are distinguished or characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of "specified anatomical areas" or "specified sexual activities."
Employee, employer, employment describes and pertains to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the 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, 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 sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(c) The additions of any sexually oriented business to any other existing sexually oriented business; or
(d) The relocation of any sexually oriented business; or
(e) A sexually oriented business or premises on which the sexually oriented business is located.
Expiration date shall mean 11:59 p.m. on the day prior to the one (1) year anniversary of the date the registration was issued.
Live theatrical performance means a play, skit, opera, ballet, concert, comedy, or musical drama.
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. Nude model studio shall not include a proprietary school licensed by the State of Nebraska; 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 an art studio or organization that is widely accepted and acknowledged by the community as such.
Nude, nudity or state of nudity means the showing or depiction of the human post-pubertal male or female genitals, pubic area or buttocks with less than a full opaque covering, the showing or depiction of covered male genitals in a discernibly erect state, or the showing or depiction of the female breast with less than a full opaque covering of any portion thereof below the top of the areola of the nipple.
Operate or cause to be operated means to cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or registrant of the business.
Person means an individual, proprietorship, partnership, limited liability company or partnership, corporation, association, or other legal entity.
Premises means all lands, structures, lodges, stores, offices, sales rooms, warehouses and the equipment and appurtenances connected or used therewith in any business, and also any personal property which is either affixed to or is otherwise used in connection with any such business within the city’s jurisdiction which is owned, leased or occupied by the business.
Principal business purpose (factors determining) means a primary factor which shall be considered in determining the “principal business purpose” and that factor shall be whether the business publicly advertises such material either through media or signs located on the exterior of its premises or signs located inside the business that can be seen from the exterior. Additional factors which may be considered are the gross income generated by adult materials compared to over-all gross income, and the amount of floor space, both retail and storage, devoted to adult materials.
Registrant means any person in whose name a registration has been issued, as well as the individual listed as an applicant on the application for a registration; and in the case of a manager, a person in whose name a registration had been issued authorizing employment as a manager in a sexually oriented business.
Regularly features or regularly shown means at least 25 percent of the gross floor space or retail floor space are devoted to the purpose, or at least 25 percent of the annual gross sales of the business are derived from that purpose.
Semi-nude or semi-nudity means the appearance 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.
Sexual encounter center means a business or commercial enterprise that offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex or persons of the same sex that is not sanctioned by a nationally recognized body of sport; 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 or semi-nudity.
Sexually oriented business means any business enterprise that:
(a) Regularly features or regularly shows the sale, display or rental of goods that are designed for use in connection with "specified sexual activities," or that emphasizes matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or
(b) Regularly features or regularly shows entertainment where the emphasis is on performances, live or otherwise, that depict, portray, exhibit or display "specified anatomical areas" or "specified sexual activities"; or regularly features services that provide "specified sexual activities" or "specified anatomical areas" ancillary to other pursuits, or allow participation in "specified sexual activities” ancillary to other pursuits,
Specified anatomical areas means:
(a) The human male genitals in a discernibly erect state, even if fully and opaquely covered;
(b) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
Specified criminal activity means any of the following offenses:
(a) Prostitution or promotion/solicitation 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; human sex trafficking; sexual abuse of a minor; incest; bestiality; 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) The fact that a conviction is being appealed shall have no effect on the disqualification of 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, bestiality 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 (a) through (c) above.
Substantial enlargement of a sexually oriented business means the increase in gross floor areas occupied by the business by more than 25 percent on the date this article takes effect or on the date of the issuance of a sexually oriented business registration.
Transfer of ownership or control of a sexually oriented business means and includes any of the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute 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.
Source: Ord. No. 5727, § 5, 04-19-2021;