§ 21-236. Definitions.

As used in this section, the following words shall have the meanings herein ascribed, unless the context of their use clearly indicates another meaning:

Adult arcade shall mean any "premises" to which members of the public or members of any club, group or association are admitted and permitted to use one or more arcade devices.

Adult arcade permit shall mean the original license issued to a duly authorized agent of an owner or operator of an adult arcade as lawful authority to operate an adult arcade.

Arcade device shall mean any coin, currency or slug operated or electronically or mechanically controlled machine or device that dispenses or effectuates the dispensing of "entertainment" that is intended for the viewing of five (5) or fewer persons in exchange for any payment or consideration.

Duly authorized agent shall mean an individual who has actual authority to file an application with the chief of police for an adult arcade permit on behalf of any association, corporation, individual, owner, operator, or person and who meets the requirements set forth in subsection 21-238(i) and is not disqualified per subsection 21-238(j) below.

Employee shall mean any person employed by an employer in consideration for monetary compensation or profit.

Entertainment shall mean: any live exhibition, display or performance; any still picture(s) or movie picture(s), whether mechanically, electrically or electronically displayed; or any combination of the foregoing, in which specified sexual activities are depicted.

Individual shall mean a natural person.

Manager shall mean any individual holding a position in an adult arcade with the responsibility for direct supervision of the operation of the adult arcade and for monitoring and observing the areas of the adult arcade to which customers or patrons are admitted at times during which the adult arcade is open for business; or, at times during which customers or patrons are on the premises of the adult arcade.

Manager's permit shall mean a license issued to an individual as lawful authority to act as a manager of an adult arcade.

Operator shall mean the "individual" who is principally in charge of the management of the "adult arcade."

Owner shall include, but not be limited to, any equitable owner, any person having a possessory right to the land or building or the person occupying it, any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety.

Premises shall mean a building; provided that if a building has been physically divided into separate units that each has its own individual means of ingress or egress to the exterior of the building and which are offered by lease or otherwise for separate use and control, then "premises" shall refer to each such separate unit.

Specified sexual activities or specified anatomical areas shall have the same meanings as proscribed in this article.

(Ord. No. 2012-12-06-0933, §§ 4, 6, 12-6-12)