§ 200. Definition, license, processing fee.

A.

Definition. Adult book store is defined as an establishment having as 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.

1.

Sexual conduct includes the following:

a.

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

b.

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

c.

Masturbation; and

d.

Excretory functions as part of or in connection with any of the activities set forth in subparagraphs "a" through "c," above.

2.

Specified anatomical areas include the following:

a.

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

b.

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

B.

License and Processing Fee. The license fee for an adult book store, shall be Two Hundred Dollars ($200.00) per year, payable in advance on or before September 1 of each year. In addition, a processing fee of Five Dollars ($5.00) shall be paid for the initial application.

(Ord. No. 17391)