§ 6.54.010. Definitions.

For the purpose of this chapter, the words and phrases used in this chapter shall have the following meanings, unless otherwise clearly indicated by the context:

A.

"Aggravated rape" means as defined in the Tennessee Code Annotated Section 39-13-502.

B.

"Aggravated sexual battery" means as defined in the Tennessee Code Annotated Section 39-13-504.

C.

"Booth" means any booth, cubicle, stall, room or compartment which is designed, constructed or used to hold or seat patrons/customers and is designed such that the booth is separated from the common areas of the premises and is used for presenting sexually oriented entertainment including, but not limited to viewing sexually oriented moving pictures or viewing sexually oriented publications by any photographic, electronic, magnetic, digital or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, cd-rom, books, magazines or periodicals) for observation by patrons therein. "Booth" shall not mean a room or enclosure that is designed, constructed and regularly used to seat more than ten persons.

D.

"Crimes of a sexual nature" means the crimes of rape, aggravated rape, aggravated sexual assault, public indecency, statutory rape, rape of a child, sexual exploitation of a minor, indecent exposure, prostitution, patronizing prostitution, promoting prostitution, or crimes committed in a jurisdiction other than Tennessee which, if committed in this state, would have constituted the crimes listed above. In the event that a felony from a jurisdiction other than Tennessee is not a named felony in this state, the elements of the offense shall be used to determine what classification the offense is given.

E.

"Current entertainer" means an entertainer performing sexually oriented entertainment within the metropolitan area as of March 1, 1999.

F.

"Employee" means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of a sexually oriented business.

G.

"Entertainer" means any person who provides live entertainment within a sexually oriented business as defined in this section, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.

H.

"Existing sexually oriented business," means a sexually oriented business that is operating within the metropolitan area as of March 1, 1999.

I.

"Indecent exposure" means as defined in the Tennessee Code Annotated Section 39-13-511.

J.

"Location" means a single site for which only one use and occupancy permit would be required.

K.

"Metropolitan area" means the general services district of the Metropolitan Government of Nashville and Davidson County.

L.

"Metropolitan council" means the legislative body of the Metropolitan Government of Nashville and Davidson County, Tennessee.

M.

"New entertainer" means an entertainer not performing sexually oriented entertainment within the metropolitan area as of March 1, 1999.

N.

"New sexually oriented business" means a sexually oriented business not in operation as of March 1, 1999.

O.

"Operator" means any person, partnership, limited partnership, joint venture, corporation or any other type of business entity operating, conducting or maintaining a sexually oriented business.

P.

"Patronizing prostitution" means as defined in the Tennessee Code Annotated Section 39-13-512.

Q.

"Principal business purpose" means a business purpose for which any one of the following applies:

(1)

At least thirty-five percent (35%) of the business's displayed merchandise consists of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations, which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas";

(2)

At least thirty-five percent (35%) of the wholesale value of the business's displayed merchandise consists of the foregoing enumerated items;

(3)

At least thirty-five percent (35%) of the retail value of the business's displayed merchandise consists of the foregoing enumerated items;

(4)

At least thirty-five percent (35%) of the business's revenues derive from the sale or rental, for any form of consideration, of the foregoing enumerated items;

(5)

At least thirty-five percent (35%) of business's interior business space is used for the display, sale, or rental of the foregoing enumerated items;

(6)

The business regularly features the foregoing enumerated items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering "adult" or "XXX" or "x-rated" or "erotic" or "sexual" or "pornographic" material on signage visible from a public right-of-way.

R.

"Promoting prostitution" means as defined in the Tennessee Code Annotated Section 39-13-512.

S.

"Prostitution" means as defined in the Tennessee Code Annotated Section 39-13-512.

T.

"Public indecency" means as defined in the Tennessee Code Annotated Section 39-13-511.

U.

"Rape" means as defined in the Tennessee Code Annotated Section 39-13-503.

V.

"Rape of a child" means as defined in the Tennessee Code Annotated Section 39-13-522.

W.

"Sexual battery" means as defined in the Tennessee Code Annotated Section 39-13-505.

X.

"Sexual exploitation of a minor" means as defined in the Tennessee Code Annotated Sections 39-17-1003, 39-17-1004 and 39-17-1005.

Y.

"Sexually oriented" when used to modify film, movie, motion picture, videocassette, slides, or other photographic reproductions means a film, movie, motion picture videocassette, slides or other photographic reproduction that regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas" offered for observation by the patron(s) on the premises of a sexually oriented business.

Z.

"Sexually oriented business/establishment" means any commercial establishment which for a fee or incidentally to another service, regularly presents material or exhibitions distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section for observation by patrons therein.

1.

"Sexually oriented bookstore" means an establishment which, as one of its principal business purposes, offers for sale books, magazines, other periodicals, or any other items which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section for observation of the patrons therein; or in conjunction therewith has facilities for the presentation of sexually oriented entertainment, including but not limited to sexually oriented movies, sexually oriented videos, sexually oriented films, or sexually oriented live entertainment, for observation by patrons therein.

2.

"Sexually oriented nightclub" means a theater, concert hall, auditorium, nightclub, bar, restaurant, or similar commercial establishment which regularly features live performances that are characterized by any actual or simulated performance of "specified sexual activities" or the exposure of "specified anatomical areas," as defined in this section.

3.

"Sexually oriented theater" means an enclosed building in which films, motion pictures, videocassettes, slides, or other photographic reproductions that are distinguished or characterized by an emphasis on depictions of "specified sexual activities" or "specified anatomical areas," as defined in this section, are regularly presented for observation by patrons therein.

4.

"Sexually oriented video store" means a commercial establishment which, as one of its principal business purposes offers the sale or rental, or presentation for a fee or incidentally to another service, "sexually oriented videos," as defined in this section; or in conjunction therewith, regularly presents on the premises sexually oriented motion pictures or sexually oriented films, "sexually oriented videos," or sexually oriented live exhibitions which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section for observation by patrons therein.

a.

"Sexually oriented videos" means a video, CD, laser disk, or similar medium with a cover that depicts "specified sexual activities" or "specified anatomical areas" or a transparent or less than opaque cover through which "specified sexual activities" or "specified anatomical areas" can be viewed.

AA.

"Sexually oriented entertainment" means the regular presentation, for a fee or incidentally to another service, of material or exhibitions distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined in this section for observation by patrons therein.

BB.

"Sexually oriented material" means "sexually oriented entertainment" and/or any material, including films, movies, motion pictures, videocassettes, slides, or other photographic reproductions, which regularly depicts material which is distinguished or characterized by an emphasis on matter depicting or describing "specified sexual activities" or "specified anatomical areas" offered for observation by the patron(s) on the premises of a sexually oriented business.

CC.

"Specified anatomical areas" means:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region,

b.

Buttocks,

c.

Female breasts below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely opaquely covered.

DD.

"Specified sexual activities" means:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy;

3.

Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.

EE.

"Statutory rape" means as defined in the Tennessee Code Annotated Section 39-13-506.

(Amdt. 1 to Ord. BL2009-538 § 2, 2009; Ord. BL2009-538 § 2, 2009; Ord. BL99-61 §§ 1—5, 2000; Ord. 99-1814 §§ 1—5, 1999; Amdt. 1 § 1 with Ord. 99-1503 §§ 1—3, 1999; Ord. 97-1022 § 1, 1997; amended during 9-97 supplement; Amdt. 7 (part) and Amdt. 3 §§ 1 and 2 with Ord. 97-796 § 2 (part), 1997)