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(1) Adult Entertainment. Adult entertainment is defined as:

(a) Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance involves a person(s) who is unclothed or clothed in such costume, attire, or clothing as to expose any “specified anatomical areas” as defined in 17.37.020(4);

(b) Any exhibition, performance, or dance of any type conducted in a premises where such exhibition, performance, or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation of, or relation to, “specified sexual activities” as defined in 17.37.020(5); or

(c) Any exhibition, performance, or dance conducted in a premises where such exhibition, performance, or dance is performed for, arranged with, or engaged in with fewer than all patrons on the premises at that time, with separate consideration paid, either directly or indirectly, for such exhibition, performance, or dance where such exhibition, performance, or dance involves a person who is unclothed or clothed in such costume, attire or clothing as to expose any “specified anatomical areas” as defined in 17.37.020(4). For purposes of example and not limitation, such exhibitions, performances, or dances are commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing.

(2) Adult Entertainment Business. Adult entertainment business means the following establishments:

(a) Adult Arcade. An establishment containing any 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 similar machines, or other image producing machines are used to show films, motion pictures, video cassettes, slides, or other photographic reproduction of sexual conduct, or adult entertainment.

(b) Adult Cabaret. A nightclub, bar, restaurant, theater, or auditorium, or similar commercial establishment, whether or not alcoholic beverages are served, which presents adult entertainment.

(c) Adult Motel. A hotel, motel, or similar commercial establishment which:

(i) offers sleeping accommodation to the public for any form of consideration and, as a significant purpose of its business, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified anatomical areas” as defined in 17.37.020(4) or “specified sexual activities” as defined in 17.37.020(5) and are not rated G, PG, PG-13, NC-17, or R by the Motion Picture Association of America; or

(ii) does a significant business renting sleeping rooms for a period of time that is less than ten (10) hours; or

(iii) allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

A hotel or motel providing overnight accommodations is not considered an adult motel merely because it provides adult closed-circuit television programming in its rooms for its registered overnight guests.

(d) Adult Motion Picture Theater. A commercial establishment or drive-in theater where a significant portion of the films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown for any form of consideration and are characterized by the depiction or description of “specified anatomical areas” as defined in 17.37.020(4) or “specified sexual activities” as defined in 17.37.020(5) and are not rated G, PG, PG-13, NC-17, or R by the Motion Picture Association of America.

(e) Adult Retail Store. An enclosed building, or any portion thereof which, for money or any other form of consideration, devotes a significant or substantial portion of its stock in trade to the sale, exchange, retail, loan, trade, transfer, or viewing of “adult-oriented merchandise” as defined in 17.37.020(3). For purposes of this definition, a retail store devotes a significant or substantial portion of its stock in trade to adult-oriented merchandise if the sale, exchange, rental, loan, trade, transfer or viewing of such adult-oriented merchandise is clearly material to the economic viability of the business. It is rebuttably presumed that such adult-oriented merchandise is clearly material to the viability of the retail business if adult-oriented merchandise accounts for: (1) 30 percent or more of the display area of the store open to the public; (2) 30 percent or more of the retail dollar value of all merchandise displayed in the store; or (3) 30 percent or more of the store’s inventory (whether measured by retail dollar value or number of items). In no event shall a retailer whose transactions only incidentally or marginally relate to adult-oriented merchandise be considered an adult retail store.

(f) Other Adult Entertainment Establishment. Any commercial establishment to which any patron is invited or admitted and where adult entertainment is presented or sold as a substantial portion of its volume or trade, including, but not limited to, escort agencies, semi-nude or nude modeling studios, or similar establishments.

(3) Adult-oriented Merchandise. Any goods, products, commodities, or other ware including but not limited to videos, CD ROMs, DVDs, computer disks or other storage devices, magazines, books, pamphlets, posters, cards, periodicals or non-clothing novelties which depict, describe or simulate “specified anatomical areas” as defined in 17.37.020(4) or “specified sexual activities” as defined in 17.37.020(5).

(4) Specified Anatomical Areas. Specified anatomical areas means (a) human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered; (b) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(5) Specified Sexual Activities. Specified sexual activities means (a) human genitals in a state of sexual stimulation or arousal; (b) acts of human masturbation, sexual intercourse, or sodomy; (c) fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.