§ 22-2. Definitions.

For purposes of this chapter, the words and phrases defined in the sections hereunder, whether or not the terms are capitalized in the text of the chapter, shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context:

Adult arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

Adult bookstore, adult novelty store, or adult video store means a commercial establishment that devotes fifty (50) percent or more of its interior sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:

(1)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;

(2)

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

The term "adult bookstore, adult novelty store, or adult video store" shall also include a commercial establishment which regularly maintains one (1) or more (Adult Arcades." Floor space shall be measured by dividing the floor space where patrons or customers of the establishment are permitted where the primary sales or displays are of materials described above by the total floor space where patrons or customers of the establishment are permitted regardless of the materials.

Adult cabaret means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which features persons who appear semi-nude. Regularity of appearances are not required for an establishment to constitute an adult cabaret; a single occasion of such appearance or appearances shall be sufficient to cause the establishment to be classified as an adult cabaret.

Adult motel means a motel, hotel, or similar commercial establishment which:

(1)

Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the depiction or description of (specified sexual activities" or (specified anatomical areas"; and which advertises the availability of such material by means of a sign visible from the public right-of-way, or by means of any on or off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(2)

Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(3)

Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

Adult motion picture theater means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.

Controlling interest means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote twenty (20) percent or more of any class of voting securities or ownership interests of a business. The ownership, control, or power to vote twenty (20) percent or more of any class of voting securities or ownership interests of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.

Distinguished or characterized by an emphasis upon means the dominant or principal theme of the object described by such phrase. For instance, when the phase refers to films (which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description of specified anatomical areas or specified sexual activities.

Dual purpose business means a commercial establishment that devotes at least ten (10) percent of its interior sales or display space to the sale or rental, for any form of consideration, of any one (1) or more of the following:

(1)

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 exhibition or description of specified sexual activities or specified anatomical areas;

(2)

Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others;

and which does not meet the definition of adult bookstore, adult novelty store or adult video store set forth above. Floor space shall be measured by dividing the floor space where patrons or customers of the establishment are permitted where the primary sales or displays are of materials described above by the total floor space where patrons or customers of the establishment are permitted regardless of the materials.

Employ, employee, and employment describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include an independent contractor or a person working for an independent contractor who performs any service on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises, or for the rendition of services incidental to the business of the establishment but not an integral part thereof, such as accounting or legal services.

Escort means a person who, for compensation, agrees or offers to engage in any of the following acts:

(1)

Act as a social companion, guide, or date for another person;

(2)

Privately model lingerie with the intention of and for the purpose of providing sexual stimulation or sexual gratification to the customer;

(3)

Privately disrobe for another person with the intention of providing sexual stimulation or sexual gratification to the customer;

(4)

Agree to come to a specified location for the purpose of disrobing and for the purpose of providing sexual stimulation or sexual gratification to the customer;

(5)

To perform a massage where one or more of the persons is nude, semi-nude or in a state of nudity or for the purpose of providing sexual stimulation or sexual gratification to the customer.

Escort agency means a person or business association who, whether on or off the licensed premises, furnishes, offers to furnish, or advertises to furnish escorts, as defined herein, for compensation.

Establish or establishment shall mean and include any of the following:

(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; or

(3)

The addition of any sexually oriented business to any other existing sexually oriented business.

Exotic dancer refers to a male or female dancer that performs semi-nude or nude for compensation.

Exotic dance service refers to any business or person who provides exotic dancers to perform at a private residence, business, or other location (other than an adult cabaret) within the city limits.

Licensee shall mean a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In case of an employee, it shall mean the person in whose name the sexually oriented business employee license has been issued.

Massage center refers to a commercial business which is not licensed by the State of Louisiana as a massage business and which allows its employees, for compensation, to manipulate soft tissue including effleurage (stroking), patrissage (kneading), tapotement (percussion), compression, vibration, friction, (active/passive range of motion), Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.

Massagist means a person that is not licensed by the State of Louisiana as a massage therapist, and who, for compensation, manipulates soft tissue including effleurage (stroking), patrissage (kneading), tapotement (percussion), compression, vibration, friction, (active/passive range of motion), Shiatsu, and acupressure, either by hand, forearm, elbow, foot, or with mechanical appliances for the purpose of body massage.

Nudity or a state of nudity means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

Operate or cause to operate shall mean to cause to function or to put or keep in a state of doing business.

Operator means any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. 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.

Person shall mean individual, proprietorship, partnership, corporation, association, or other legal entity.

Prostitute refers to a person who has been convicted of prostitution or prostitution by massage, or who engages in activities, that, if prosecuted, would constitute the criminal offense of prostitution or prostitution by massage under the Louisiana Revised Statutes; provided, however, that a person shall not be considered a prostitute if he or she is not currently engaging in activities, that, if prosecuted, would constitute the criminal offense of prostitution or prostitution by massage under the Louisiana Revised Statutes, and if

(1)

More than two (2) years have elapsed since the date of the conviction or the date of release from confinement imposed for such person's last conviction of prostitution or prostitution by massage, whichever is the later date, if the conviction was for a misdemeanor offense; or

(2)

More than five (5) years have elapsed since the date of the conviction or the date of release from confinement imposed for such person's last conviction of prostitution or prostitution by massage, whichever is the later date, if the conviction was for a felony offense.

Regularly features or regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business.

Semi-nude or state of semi-nudity shall mean a state of dress in which opaque clothing covers no more than the genitals, anus, anal cleft or cleavage, pubic area, vulva, and nipple and areola of the female breast, as well as portions of the body covered by supporting straps or devices. This definition shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided that the areola and nipple are not exposed in whole or in part.

Semi-nude model studio means any place where a person, who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

(1)

By a college, junior college, or university supported entirely or partly by taxation;

(2)

By a private college or university which maintains and operates educational programs in which credited are transferable to college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

b.

Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

Sexually oriented business means any establishment that is an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, massage center, exotic dance service, or semi-nude model studio as defined in this section, as well as any other establishment that regularly features or regularly shows any sexually oriented entertainment activity, including any dual purpose business.

Sexually oriented entertainment activity means the sale, rental, or exhibition for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances which are characterized by an emphasis on the exposure or display of specific sexual activity.

Sheriff means the Sheriff of the Parish of Webster or his or her designee.

Specified anatomical areas shall mean human genitals, anus, and/or the female breast areola or nipple.

Specified criminal activity means any of the following offenses:

(1)

La. R.S. 14:41-43.5 (rape and sexual battery offenses); La. R.S. 14:80-81.2 (sexual offenses affecting minors); La. R.S. 14:82-86 (offenses concerning prostitution); La. R.S. 14:104-6.1 (offenses concerning disorderly places and obscenity); La. R.S. 14:281-284 (operating places of prostitution, voyeurism); La. R.S. 40:971, et seq. (Uniform Controlled Dangerous Substances Law); engaging in organized criminal activity relating to a sexually oriented business, specifically La. R.S. 14:230 (money laundering) La. R.S. 33:2845 (tax evasion); criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses; or offenses in other jurisdictions that, if the acts would have been committed in Louisiana, would have constituted any of the foregoing offenses; for which:

a.

Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

b.

Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

c.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

(2)

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

Specified sexual activity means any of the following:

(1)

Sex acts, normal or perverted, including intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in subsection (1) above.

Transfer of ownership or control of a sexually oriented business shall mean any of the following:

(1)

The sale, lease, or sublease of the business;

(2)

The transfer of securities (including interests in a limited liability company or partnership) or other ownership interests which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Valid photographic ID refers to a driver's license, selective service card or other lawful federal or state issued photographic identification, which, on its face, establishes the age and identity of the bearer, and leaves no reasonable doubt as to the authenticity or correctness of the identification. No form of identification mentioned above shall be accepted as proof of age if it is expired, defaced, mutilated or altered. If the identification submitted is a duplicate, the person shall submit additional identification which contains the name, date of birth and photograph of the person. In addition, an educational institution identification card, check cashing identification card, or employee identification card shall not be considered as a valid photographic ID.

Video includes image reproduction and display by videotape or any other medium, such as digital video disk or compact disk, that produces moving or still images on a screen, wall, or other similar display.

Viewing room shall mean the room, booth, or area where a patron of sexually oriented business would ordinarily be positioned while watching a film, videocassette, or other video or visual production or reproduction.

(Ord. No. 975, § 1, 9-6-2005)