5.20.040 Definitions.
Except as otherwise expressly declared or clearly apparent from the context in which used, the following definitions shall be applied to this chapter:
“Adult arcade” means a commercial establishment containing individual viewing areas or booths, where for any form of consideration, including a membership fee, one or more still or motion picture projectors, slide projectors, or other similar image-producing machines are used to show films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Adult cabaret” means a nightclub, bar, restaurant, tavern, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features adult entertainment.
“Adult entertainment” means:
(a) Any exhibition, performance or dance conducted in an adult entertainment facility where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
(b) Any exhibition, performance, or dance intended to sexually stimulate any patron and any conduct in an adult entertainment facility where such exhibition, performance or dance is performed for, arranged with, or engaged in with fewer than all patrons in the adult entertainment facility at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance. For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.
(c) Any exhibition, performance, display, dance, presentation, or dance of any type conducted in an adult entertainment facility and involving a person who is unclothed or in such attire, costume, or clothing as to expose to view any specified anatomical area, or who touches, caresses or fondles any specified anatomical area of themselves or other persons, or permits touching, caressing or fondling of any of their own specified anatomical areas.
“Adult entertainment facility” means a commercial establishment defined herein as an adult arcade, adult cabaret, adult motel, adult motion picture theater, adult retail establishment, adult nude photography shop, body painting shop, or other adult entertainment facility.
“Adult entertainment facility business license” means a license issued by the City Clerk under this chapter to the owner or operator of an adult entertainment facility.
“Adult mini motion picture theater” means a commercial establishment with a capacity for less than 50 persons, where for any form of consideration motion pictures, films, video cassettes, slides or similar visual or sensory representations are shown that are distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas.
“Adult motel” means a hotel, motel, or similar commercial establishment which:
(a) Offers sleeping accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas, and that has a sign visible from a public right-of-way that advertises the availability of such sexually-oriented materials; or
(b) Offers a sleeping room for rent for a period of time that is less than 10 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 10 hours.
“Adult motion picture theater” means a commercial establishment or drive-in theater, where for any form of consideration motion pictures, films, video cassettes, slides, or other similar visual or sensory representations are regularly shown that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Adult nude photography shop” means a commercial establishment used for the business of allowing customers to photograph any specified anatomical areas of a person or persons, or for the customer to be so photographed with or without other persons.
“Adult retail establishment” means a commercial establishment such as a bookstore, video store, or novelty shop in which any one or more of the following constitute more than 20 percent of the establishment’s stock-in-trade, for sale or rent, for any form of consideration:
(a) Books, magazines, periodicals or other printed materials, or photographs, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas; or
(b) Instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
“Applicant” means a person or persons applying for a license under this chapter.
“Body painting shop” means a commercial establishment used for the business of allowing customers to paint the body of a person or persons, or to allow the customer’s body to be painted.
“Business day” means the normal business hours of the adult business within a 24-hour period.
“Business establishment” means any business that excludes any person by virtue of age from all or any part of the premises and which engages in adult entertainment business on any portion of the premises.
“City” means the City of Pasco, Washington.
“Employee” means any and all persons, including managers, waitpersons , entertainers and independent contractors, who work for or work at or render any services directly related to the operation of an adult entertainment business, whether or not such person is paid compensation by the owner or operator of the adult entertainment facility.
“Entertainer” means any person who provides live adult entertainment in an adult entertainment facility during which the person exposes any specified anatomical areas or performs any specified sexual activities, whether or not the person is an employee of the adult entertainment facility, and whether or not a fee is charged or accepted for such entertainment.
“Entertainer’s license” means a license issued by the City Clerk under this chapter to an entertainer in an adult entertainment facility.
“Licensee” means a person or persons in whose name a license to operate an adult entertainment facility has been issued under this chapter, as well as the individual listed as an applicant on the application for a license, and in the case of a manager, assistant manager or entertainer, a person in whose name a license has been issued authorizing employment or entertainment in an adult entertainment facility.
“Manager” means any person who manages, directs, or administers the affairs or conduct of a portion of the activity within an adult entertainment facility, including assistant managers working with or under the direction of a manager to carry out such purposes.
“Manager’s license” means a license issued by the City Clerk under this chapter to a manager or assistant manager of an adult entertainment facility.
“Nude” means the appearance of less than complete and opaque covering of the human anus, human male genitals, human female genitals, or the areola or nipple of the human female breast. The opaque covering shall be made of material or fabric but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque covering.
“Other adult entertainment facility” means any commercial establishment not defined herein where adult entertainment or sexually oriented materials are regularly conducted, displayed, or available in any form, for any type of consideration and which represent more than 20 percent of the business’s stock-in-trade; provided, however, that a public library and a school, university, or similar educational or scientific facility shall not be considered an adult entertainment facility. In addition, a commercial establishment that offers access to telecommunications networks as its principal business purpose shall not be considered an adult entertainment facility unless the access is provided for the primary purpose of displaying or presenting materials or visual or sensory images that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas.
“Owner-operator” means any person operating, conducting or maintaining an adult entertainment facility.
“Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized.
“Public place” means any area generally visible or open to the general public and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and automobiles whether moving or stationary.
“Sexually oriented materials” means any books, magazines, periodicals or other printed materials, or any photographs, films, motion pictures, video cassettes, slides, or other visual or sensory representations that are distinguished or characterized by a predominant emphasis on matters depicting, describing, or simulating any specified sexual activities or any specified anatomical areas. The term “sexually oriented materials” includes any instruments, devices, or paraphernalia designed for use in connection with any specified sexual activities.
“Significant interest” means principal responsibility for management or operation of an adult entertainment facility.
“Specified anatomical areas” means and includes any of the following:
(a) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(b) Less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola.
“Specified criminal offense” means an offense for prostitution or promotion of prostitution, sale or distribution of obscenity, sale or display of materials harmful to minors, public lewdness, indecent exposure, or transactions involving controlled substances (as that term is defined in Chapter 69.50 RCW) for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a misdemeanor offense; or
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is later, if the conviction is of a felony offense; or
(c) Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the last conviction, whichever is later, if the convictions are of two or more misdemeanor offenses occurring within a 24-month period.
“Specified sexual activities” means and includes any of the following:
(a) Act of human masturbation, actual or simulated;
(b) Sex acts, normal or perverted, actual or simulated, including sexual intercourse, oral copulation, or sodomy;
(c) Caressing, fondling, or other erotic touching of human genitals, pubic region, anus, buttocks, or female breast;
(d) Human genitals in a state of sexual stimulation or arousal; or
(e) Excretory functions as part of, or in connection with, any of the sexual activities specified in this definition.
“Stock-in-trade” means all books, magazines, posters, pictures, periodicals, other printed material, items, products, equipment, pre-recorded video tapes, discs or other similar materials readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons.
“Viewing booth” means the area where a patron or customer would be positioned while watching a film, motion picture, video, photographic reproduction, or other visual or sensory representations or reproductions.
“Waitperson” means any person who on occasion greets or waits on persons or serves food or drink within an adult entertainment business. [Ord. 3262 § 3, 1997; Code 1970 § 5.27.040.]