“Adult arcade” means a business which:

“Adult bookstore,” “adult novelty store” or “adult video store” means a business which:

“Adult business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, or escort service.

“Adult cabaret” means a business which:

“Adult motel” means a business which:

“Adult motion picture theater” means a business:

“Adult theater” means a business which:

“Business license official” means the city’s business license officer or his designee.

“Business premises” means the real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon, including but not limited to the sexually oriented business, the grounds, private walkways, and parking lots and/or parking areas adjacent thereto, under the ownership, control or supervision of the licensee, as described in the application for a business license.

“Controlling interest” means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote twenty percent or more of any class of voting securities of a business. The ownership, control, or power to vote twenty percent or more of any class of voting securities 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 on” means the dominant or principal theme of the object described by such a phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis on” 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.

“Employee” means a person who performs any service on the premises or renders any services directly related to the operation of any sexually oriented business on a full time, part time, contract basis, or independent basis, whether or not the person is denominated as an employee, independent contractor, agent, or otherwise, whether or not on a temporary or permanent basis, and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. “Employee” shall also include a licensee’s designated agent. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does “employee” include a person exclusively on the premises as a patron or customer.

“Escort” means any person who, for consideration, accompanies other persons to or about social affairs, entertainments or places of amusements or consorts with others about any place of public resort or within any private quarters, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person, or provides transportation to such places or events.

“Escort service” means a business, contractor, agency, or person which:

“Establish” or “establishment” means any of the following:

“Hearing officer” means as appointed by the city administration.

“Lewdness” means, if in a public place or place open to public view, any of the following acts: sexual intercourse or sodomy, an intentional exposure of male or female genitals, pubic area, buttocks, or the female breast, engaging in trespassing voyeurism, urination or defecation, or performing any other act of lewdness under circumstances which he or she should know will likely cause affront or alarm. As used in this section, “public place” means any place to which the public or a substantial group of the public has access. It includes commercial establishments and any place to which admission is gained by payment or a membership or admission fee, however designated, notwithstanding its designation as a private club or by words of like import. For this definition, exposure of genitals, pubic area or buttocks means less than a fully opaque covering, or a showing of the female breast below a point immediately above the top of the areola.

“Licensee” means 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.

“Nudity” or “state of nudity” means a state of dress in which the areola of the female breast, or male or female genitals, pubic region, or anus, is covered by less than the covering required in the definition of “semi-nude.”

Obscene. Any material or performance is obscene if:

“Opaque” means impervious, having capacity to block out or obstruct the visual image of an object.

“Operator” means the manager or other natural person principally in charge of a sexually oriented business.

“Park” means public land which has been designated for park or recreational activities, including but not limited to a park, playground, state parks, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities, including but not limited to the following existing parks and facilities: Midvale City Park and Union Park and its related facilities, such as, but not limited to, trails, parking lots, playgrounds, and ball fields.

“Pecuniary compensation” means any commission, fee, salary, tip, gratuity, profit, reward, or any other form of consideration.

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

“Place open to public view” means an area capable of observance by persons from the general community, where an expectation for privacy is not reasonably justified, and includes a dedicated roadway, sidewalk, a parking lot, any public way, a theater, a restaurant, a movie theater, any room in a hotel or motel other than a guest room, or any other place where an expectation for privacy is not reasonably justified.

“Principal purpose” means a business which (1) maintains an area in excess of ten percent of the retail floor space for the sale of one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, DVDs, Blu-ray discs, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes sexual activities or specified anatomical areas; or instruments, devices or paraphernalia which are designated for use in connection with specified sexual activities, except for legitimate medically recognized contraceptives; or (2) derives at least twenty-five percent of the gross revenue of the business from the sale or rental of such items.

“Protected uses” means churches, public libraries, public parks or parkways, public recreation centers, public and private schools, and any residence or residential district.

“Regularly featured” 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 of the sexually oriented business.

“Semi-nude” means a state of dress in which opaque clothing covers no more than the nipple and areola of the female breast, and the male or female genitals, pubic region and anus are covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back which does not taper to less than one inch wide at the narrowest point.

“Semi-nude entertainment business” means a business, including an adult theater:

“Sexually oriented business” means semi-nude entertainment businesses and adult businesses as defined by this chapter.

“Specified anatomical areas” means the human male or female pubic area, genitals, or anus with less than a full opaque covering, or the human female breast from the beginning of the areola, papilla or nipple to the end thereof with less than full opaque covering.

“Specified criminal activity” means any of the following offenses as they are defined by applicable Utah State statute:

“Specified sexual activity” means any of the following:

“Transfer of ownership or control of a sexually oriented business” means any of the following:

“Viewing room” means a room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, DVD, Blu-ray, or other video production. (Ord. 8/24/2010O-8 § 1; Ord. 10/6/2009O-18 § 2 (part))