§ 1701. Definitions.

In this chapter the following words and phrases shall have the meanings given herein.

A.

Chief of Police means the Chief of Police of the City of Tulsa or his designated agent.

B.

Establishment means and includes:

1.

The opening or commencement of any sexually oriented business as a new business;

2.

The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

3.

The addition of any sexually oriented business to any other existing sexually oriented business; or

4.

The relocation of any sexually oriented business.

C.

Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.

D.

Operates or Causes to be Operated means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.

E.

Person means an individual, proprietorship, partnership, corporation, association or other legal entity.

F.

Premises means the grounds and all buildings and appurtenances pertaining to the grounds including any adjacent premises if under the direct or indirect control of the licensee, and the rooms and equipment under the control of the licensee and in connection with or in furtherance of the business covered by a license.

G.

Sexually Oriented Businesses are defined as follows:

1.

Adult Amusement or Entertainment: Amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to Sexual Conduct or Specified Anatomical Areas, as defined herein, including, but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment;

2.

Adult Bookstore: An establishment having a significant or substantial portion of its stock in trade, or an establishment having as a significant or substantial aspect of its business, books, films, videos, magazines, periodicals, games, novelties or other materials which are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas; or an establishment with a significant or substantial section or segment devoted to the sale or display of such materials;

3.

Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than fifty (50) persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas;

4.

Adult Motel: A motel wherein material is presented, as part of the motel services, via closed circuit T.V. or otherwise, which is distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas;

5.

Adult Motion Picture Arcade: Any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas;

6.

Adult Motion Picture Theater: An enclosed building with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas;

7.

Model Studio: Any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display Specific Anatomical Areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity; and

8.

Sexual Encounter Center: Any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron.

H.

Specified Anatomical Areas mean:

1.

Human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; or

2.

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

I.

Sexual Conduct means:

1.

The fondling or other touching of human genitals, pubic region, buttocks or female breasts;

2.

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation and sodomy;

3.

Masturbation; or

4.

Excretory functions as part of or in connection with any of the activities set forth in 1 through 3, above.