5.45.020 Definitions.

As used in this chapter:

(1)    “Adult entertainment enterprise” means an establishment including an adult arcade, adult bookstore, adult lounge, adult encounter center, adult lotion or massage parlor, adult modeling studio, adult motel, adult movie theater, adult video store, or any similar establishment to which customers are invited or permitted access and which, for consideration of any kind, offers adult materials to such customers when: (a) any live, video or film adult materials are displayed to customers while on the premises of the establishment; or (b) adult materials, constituting either fifty percent (50%) or more of the establishment’s stock in trade, as computed by items offered for sale, or fifty percent (50%) of gross revenue, are offered for the off-premises display to customers.

“Adult entertainment enterprises” include the following uses:

(a)    Adult Arcade. “Adult arcade” means an adult entertainment enterprise, or segment thereof, which provides rooms, booths or devices, whether referred to as arcades, panoramas, peep shows, preview rooms, reading rooms or viewing booths, and regardless of the method of activation or operation, in which or upon which are produced graphic displays or other pictorial or visual images of adult material for the on-premises display to five (5) or fewer customers at any one time;

(b)    Adult Bookstore. “Adult bookstore” means an adult entertainment enterprise, or segment thereof, which offers books, magazines, record or audio tape jackets, periodicals or other printed or pictorial matter constituting or containing adult material which is offered to customers;

(c)    Adult Encounter Center. “Adult encounter center” means an adult entertainment enterprise, or segment thereof, whether referred to as lotion studio, massage parlor, sexy reading room, spa, steam bath or sauna, wherein either employees or customers, or both, display and have direct physical contact with specified anatomical areas of one another or engage in specified sexual activities with or in the presence of one another;

(d)    Adult Lounge. “Adult lounge” means an adult entertainment enterprise, or segment thereof, including any bar, cabaret, lounge, tavern, theater, concert hall, auditorium or similar structure, regardless of whether such enterprise dispenses alcohol or is regulated by or under the authority of the state of Washington, wherein the live on-premises display of adult material either by employees or customers, or both, is provided or permitted;

(e)    Adult Modeling Studio. “Adult modeling studio” means an adult entertainment enterprise, or segment thereof, wherein models are provided who engage in or display adult material while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by customers;

(f)    Adult Motels. “Adult motels” means a commercial establishment, including hotel, motel or similar public accommodation which:

(i)    Displays a primary or secondary sign, visible from the public right-of-way, which advertises the establishment as being an “adult” facility or advertises the availability of services set forth in paragraphs (ii) or (iii) of this subdivision, and

(ii)    Offers sleeping rooms for rent at a reduced rate for a period of time that is less than ten (10) hours, or

(iii)    Provides to its customers facilities for on-premises viewing of adult material not transmitted over the airways.

Evidence that such establishment has, on more than three (3) occasions in any period of ten (10) consecutive days, engaged in conduct described in subsection (1)(f)(ii) of this section shall constitute prima facie evidence that such establishment is an adult motel;

(g)    Adult Movie Theater. “Adult movie theater” means an adult entertainment enterprise, or segment thereof, wherein motion picture films, video cassettes, cable television, or any other such visual media in which adult material constitutes a predominant theme are regularly displayed on-premises to more than five (5) customers at any one time;

(h)    Adult Video Store. “Adult video store” means an adult entertainment enterprise, or segment thereof, which offers still photographs, motion picture film, video cassettes or other recorded visual images or pictorial representations constituting or containing adult materials for off-premises display.

(2)    “Adult material” means any material, conveyed or communicated by live performance, still photograph, printed or pictorial matter, motion picture film, slide, video cassette, recorded graphic or visual imagery, human conduct, or any other medium which material is intended to provide sexual stimulation or sexual gratification and which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. “Adult material” also includes any instrument, device or paraphernalia designed for use in connection with specified sexual activities.

(3)    “Applicant” means the intended operator of the adult entertainment enterprise.

(4)    “Board” means the Clark County board of county commissioners.

(5)    “Church” means a permanently located building primarily used for religious worship.

(6)    “Establishment” means any business engaged in with the object of gain, benefit or advantage, direct or indirect, to the owner, operator or another person, including any business use, commercial use, home business or home occupation regulated under Title 40 of the Clark County Code, but excluding:

(a)    Churches, as defined in this section and in Section 40.100.070 of the Clark County Code;

(b)    Any private or public college or university, as defined in and regulated by RCW Title 28B;

(c)    Day care centers, as defined in Section 40.100.070 of the Clark County Code;

(d)    Health care professionals, as defined in RCW 18.120.020(1);

(e)    Hospitals, as defined in and regulated by RCW Title 70;

(f)    Any recognized historical society or museum, any college or university library, or any other archive or library under the supervision of the state, county, a municipality or other political subdivision;

(g)    Nursing homes, as defined in RCW 18.51.010(1);

(h)    Private or public schools, as defined in and regulated by RCW Title 28A;

(i)    Any facility operated by the state, county, a municipality or other political subdivision;

(j)    Vocational education programs, as defined in or regulated by RCW Title 28C or by Title 40.

(7)    Conduct Any Business. Any person who does any one or more of the following shall be deemed to be “conducting business”:

(a)    Operates a cash register, cash drawer or other depository on the premises of an establishment where cash funds, other instruments, or records of credit card or other credit transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept;

(b)    Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the premises of the establishment;

(c)    Delivers or provides to any customer any merchandise, goods, entertainment or other services offered on the premises of the establishment;

(d)    Acts as a door attendant to regulate entry of customers or other persons into the premises of the establishment; or

(e)    Supervises or manages other persons in the performance of any of the foregoing activities on the premises of the establishment.

(8)    “Contact” means the performance of any specified sexual activity or any touching, clothed or unclothed, direct or indirect, of specified anatomical areas.

(9)    “Customer” means any person eighteen (18) years of age or older who:

(a)    Is allowed to enter a regulated establishment, in return for the payment of an admission fee or any other form of consideration or gratuity;

(b)    Enters a regulated establishment and purchases, rents or otherwise partakes of any merchandise, goods, entertainment or other services offered therein; or

(c)    Is a member, guest or invitee of and on the premises of a regulated establishment operating as a private club.

(10)    “Day care center” means a building and premises in and on which individuals are cared for during some portion of a twenty-four (24) hour period, as further defined at Section 40.100.070 of the Clark County Code.

(11)    “Department” means the community development department.

(12)    “Display” means any performance or exposure of adult materials or the rendition of any services involving or relating to the performance or exposure of adult materials to customers for consideration of any kind when customers are allowed to read or view such material in its entirety or to inspect or handle such material outside of opaque sealed containers. The physical delivery of printed matter or of goods or merchandise in sealed containers, for any consideration, to customers without on-premises performance or exposure, or rendition of services, is not a display.

(13)    “Display surface” means the entire surface of a sign, on one side, devoted to exhibiting advertising. The “display surface” shall not include the sign frame and incidental supports thereto.

(14)    “Employee” means any person who renders any service whatsoever to the customers of an establishment or who works in or about an establishment or who receives compensation for such services or work from the operator or owner of the establishment or from any customer therein.

(15)    “Exterior portion” means any part of the physical structure of a regulated establishment, including a wall, veneer, door, fence, roof, roof covering, facia or window, which is visible from any public property, public way, or common area.

(16)    “Interior portion” means any part of the physical structure of a regulated establishment to which customers are invited or allowed access, including restrooms.

(17)    “Library” means any library of any college or university, any archive or library under the supervision of the state, county, a municipality or other political subdivision, including any recognized historical society or museum.

(18)    “License, adult entertainment license” means a current, valid document issued by the planning and development review manager of the Clark County department of public services pursuant to this chapter to an operator of an adult entertainment enterprise.

(19)    “Licensee” means the person or persons to whom an adult entertainment license is issued.

(20)    “Operator” means the manager or other natural person principally in charge of a regulated establishment.

(21)    “Owner” means the proprietor, if a sole proprietorship, all partners (general and limited) if a partnership, or all officers, directors, and persons holding ten percent (10%) or more of the outstanding shares if a corporation. The term “owner” shall not include any limited partner or shareholder who has given the operator a statement under oath that he or she does not desire to be listed on the license application and that he or she waives any right to any notice that is required or permitted to be given under this chapter.

(22)    “Park” means publicly owned real property dedicated to recreational uses.

(23)    “Planning manager” means the planning and development review manager of the Clark County department of public services.

(24)    “Regulated establishment” means any adult entertainment enterprise as defined in this chapter.

(25)    “Residential zone” means any real property zoned for urban or rural single-family or multifamily residential use pursuant to Title 40 of the Clark County Code.

(26)    “School” means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, stadia and other structures or grounds used in conjunction therewith. The term “school” is limited to public and private schools used for primary or secondary education, in which regular kindergarten or grades one (1) through twelve (12) classes are taught or special educational facilities in which students who have physical or learning disabilities receive specialized education in lieu of attending regular classes in kindergarten or any of the grades one (1) through twelve (12). The term “school” shall be construed to encompass all associated and adjoining real property which is then dedicated and used for school purposes.

(27)    “Sheriff” means the sheriff of Clark County.

(28)    “Sign,” in addition to the meanings prescribed in Chapter 40.310 of the Clark County Code, means any display, design, pictorial or other representation, which shall be so constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same is visible from the outside of a regulated establishment and that is used to seek the attraction of the public to any goods, services or merchandise available at such regulated establishment. The term “sign” shall also include such representations painted on or otherwise affixed to any exterior portion of a regulated establishment as well as such representations on or otherwise affixed to any other part of the tract upon which such a regulated establishment is situated.

(29)    “Specified anatomical areas” means:

(a)    Less than completely and opaquely covered:

(i)    Human genitals, pubic region or pubic hair,

(ii)    Buttock,

(iii)    Female breast or breasts below a point immediately above the top of the areola,

(iv)    Any combination of the foregoing listed in this subsection; or

(b)    Human male genitals in a discernibly erect state, even if completely and opaquely covered.

(30)    “Specified sexual activities” means:

(a)    Human genitals in a discernible state of sexual stimulation or arousal;

(b)    Acts of human masturbation, sexual intercourse or sodomy;

(c)    Fondling or other erotic touching of human genitals, pubic region or pubic hair, buttock or female breast or breasts; or

(d)    Any combination of the foregoing listed in this subsection. (Sec. 2 of Ord. 1990-08-03; amended by Sec. 1 of Ord. 2016-09-04)