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As used in this chapter, the following words and terms shall have the meanings set forth in this section:

“Knowledge” or “knowledge of such nuisance” means having:

(a) Knowledge of the contents and character of the patently offensive sexual or violent conduct which appears in the lewd matter; or,

(b) Knowledge of the acts of lewdness or prostitution which occur on the premises; or,

(c) Knowledge that controlled substances identified in Article II of Chapter 69.50 RCW and not authorized by that chapter, are manufactured, delivered, or possessed, or where any such substance not obtained in a manner authorized by Chapter 69.50 RCW is consumed by ingestion, inhalation, or injection, or any other means.

“Lewd matter” is synonymous with “obscene matter” and means any matter:

(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(b) Which explicitly depicts or describes patently offensive representations or descriptions of:

(i) Ultimate sexual acts, moral or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or

(iii) Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and

(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.

“Lewdness” shall have and include all those meanings which are assigned to it under the common law.

“Live performance” means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more, in person or by electronic transmission, with or without consideration.

“Matter” shall mean a live performance, a motion picture film, or a publication or any combination thereof.

“Motion picture film” shall include any:

(a) Film or plate negative;

(b) Film or plate positive;

(c) Film designed to be projected on a screen for exhibition;

(d) Film, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen;

(e) Videotape or any other medium used to electronically reproduce images on a screen.

“Person” means any individual, partnership, firm, association, corporation, or other legal entity.

“Place” includes, but is not limited to, any building, structure, or places or any separate part or portion thereof, whether permanent or not, or the ground itself.

“Prurient” means that which incites lasciviousness or lust.

“Publication” shall include any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or coin-operated machine.

“Sale” means a passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter. [Ord. 3485 § 2, 2001; Code 1970 § 9.11.010.]