§ 15-222. Definitions.

For the purpose of this division, the words and phrases herein shall have the following meanings:

Adult arcade means an establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors, or similar machines for viewing by five (5) or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult bookstore means a commercial establishment that, as one (1) of its principal business purposes, offers for sale or lease for any form of consideration, any one (1) or more of the following:

(1)

Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(2)

Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities."

Adult cabaret means an establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of "specified sexual activities or "specified anatomical areas."

Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type which has as a significant or substantial portion of such performance any actual or simulated performance of "specified sexual activities" or exhibition and viewing of "specified anatomical areas." Adult entertainment further includes the removal of articles of clothing or appearing unclothed in any way, pantomime, modeling session, or any other personal services offered patrons.

Adult entertainment establishment and/or business means any adult arcade, adult bookstore, adult cabaret, adult motel, adult motion picture theater, adult mini-motion picture theater, adult video store, or similar establishment which regularly features or depicts behavior which is characterized by the exposure of "specified anatomical areas," or where any employee, operator or owner exposes his/her "specified anatomical areas" for viewing by patrons.

Adult mini-motion picture theater means an enclosed building with a capacity of less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined below, for observation by patrons therein.

Adult motel means an establishment which includes the word "adult" in any name it uses or otherwise advertises the presentation of adult material offering public accommodation for any form of consideration, which provides patrons with closed-circuit televised transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by an emphasis upon the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult motion picture theater means an establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown and in which substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas."

Adult video store means a commercial establishment that, as one (1) of its principal business purposes, offers for sale or rental any form of consideration of any one (1) or more of the following:

(1)

Photographs, films, motion picture, video cassettes or video reproductions, slides or other visual representations which depict or describe "specific sexual activities or specified anatomical areas"; and

(2)

Instruments, devices or paraphernalia that are designed for use in connection with "specified sexual activities."

Council means the City Council of the City of Tupelo, Mississippi.

Employee means any and all persons, including independent contractors, who work in or at or render any services directly related to the operation of an adult-oriented establishment.

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

Major stockholder means an individual shareholder owning more than twenty-five (25) percent of the stock in a corporation.

Operator means any person, partnership or corporation operating, conducting or maintaining an adult-oriented establishment.

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

Principal business purpose means any such commercial establishment which:

(1)

Derives twenty-five (25) percent or more of its gross monthly revenues from the sale or rental of adult material in the following categories: Books, magazines, periodicals, other printed matter, slides, photographs, films, motion picture, videotapes, compact discs, computer digital graphic recordings, other visual representations, audio recordings and other audio matter; or

(2)

Has as twenty-five (25) percent or more of its stock in trade the inventory and/or materials described in subsection (1) above; or

(3)

Devotes twenty-five (25) percent or more of its interior business area to the sale or rental of the inventory and/or materials described in subsection (1) above; or

(4)

Devotes twenty-five (25) percent or more of its advertising to the sale or rental of the inventory and/or materials described in subsection (1) above.

Sexual activities as used in this division, is not intended to include any medical publications or films or bona fide educational publication or films, nor does it include any art or photography publications which devote at least twenty-five (25) percent of the lineage of each issue to articles and advertisements dealing with subjects of art or photography. Nor does this definition apply to any news periodical which reports or describes current events and which, from time to time, publishes photographs of nude or semi-nude persons in connection with the dissemination of the news. Nor does this definition apply to publications or films which describe and report different cultures and which, from time to time, publish or show photographs or depictions of nude or semi-nude persons when describing cultures in which nudity or semi-nudity is indigenous to the population.

Specified anatomical areas means less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernable turgid state even if completely or opaquely covered.

Specified sexual activities means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts; flagellation or torture in the context of a sexual relationship; masochism, erotic or sexually oriented torture, beating or the infliction of physical pain in the context of a sexual relationship; erotic touching, fondling or other such contact with an animal by a human being; or human excretion, urination, menstruation, vaginal or anal irrigation as a part of or in connection with any of the activities set forth in the Tupelo Adult Entertainment Licensing Ordinance.

(Ord. of 5-17-94, § 2; Ord. of 9-19-00)