5.32.020 Definitions.
For the purposes of this chapter certain terms and words are defined as follows:
“City” means the city of Stanwood, Washington.
“Clerk” means the city clerk, or designee.
“Employee” means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any business offering adult entertainment, adult theater, or adult use establishments, whether or not such person is paid compensation by the operator of said business.
“Entertainer” means any person who provides sexually oriented entertainment in an adult cabaret whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment.
“Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
“Establishment” means and includes any of the following:
(a) The opening or commencement of any sexually oriented business as a new business; or
(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business defined herein;
(c) The addition of any of the sexually oriented businesses defined herein to any other existing sexually oriented business; or
(d) The relocation of any such sexually oriented business.
“Manager” means any person who manages, directs, administers, or is in charge of, the affairs and/or the conduct of an adult cabaret.
“Nude or state of nudity” means the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast.
“Operator” means and includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
“Permitted and/or licensed premises” means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
“Permittee and/or licensee” shall mean a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
“Person” means any individual, firm, joint venture, copartnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver or any other group or combination acting as a unit.
“Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
“Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, sexual encounter establishment, semi-nude model studio, escort agency, or adult motel.
“Sexually oriented businesses” means those businesses defined as follows:
(a) “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are used to show films, motion pictures, video cassettes, slides, or other photographic or computer generated reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(b) “Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:
(i) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”;
(ii) An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing “specified sexual activities” or “specified anatomical areas,” and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe “specified anatomical areas” or “specified sexual activities”; or
(iii) Video stores that sell and/or rent only video tapes or other photographic or computer generated reproductions, and associated equipment, shall come within this definition if 20 percent or more of its stock-in-trade or revenues comes from the rental or sale of video tapes or other photographic reproductions or associated equipment which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(c) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment, whether or not alcoholic beverages are served, which features:
(i) Persons who appear nude or semi-nude;
(ii) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(iii) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(d) “Adult motel” means a hotel, motel, or similar commercial establishment which has the primary function of:
(i) Offering accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and
(ii) Offering a sleeping room for rent for a period of time that is less than 20 hours; or
(iii) Allowing a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 20 hours.
(e) “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of “specified anatomical areas” or “specified sexual activities” are regularly shown for any form of consideration.
(f) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities.”
(g) “Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(h) “Nude or semi-nude model studio” means any place where a person, who appears nude or semi-nude or displays “specified anatomical areas,” is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
“Sexually oriented entertainment” means a live performance at an adult cabaret which is characterized by the performer’s exposure of “specified anatomical areas.”
“Specified anatomical areas” means and includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of areolae; or
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
“Specified criminal acts” means any conviction of acts which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity or material harmful to minors, prostitution or pandering.
“Specified sexual activities” means and includes any of the following:
(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; or
(c) Masturbation, actual or simulated; or
(d) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(e) Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (d) of this definition.
“Transfer of ownership or control of a sexually oriented business” means and includes any of the following:
(a) The sale, lease or sublease of the business; or
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift or other similar legal devise which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
“Youth-oriented business or activity” means a business utilizing a permanent building or facility where children under the age of 18 years are invited onto the business premises in conjunction with such business activity and at least 50 percent of the business revenue is generated from their patronage. (Ord. 1521 § 2 (Exh. A), 2023).