9.60.020 Definitions | Provo City Code

9.60.020 Definitions.

For purposes of this Chapter, the following words and phrases shall have the meanings set forth below unless a different meaning is clearly indicated by the context.

“Adult Bookstore” or “Adult Video Store” means a commercial establishment which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides or simulated display, or other visual representations which are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas. For the purpose of this definition, “principal purpose” means the commercial establishment:

(a) has a substantial portion of its displayed merchandise which consists of said items, or

(b) has a substantial portion of the wholesale value of its displayed merchandise which consists of said items, or

(d) derives a substantial portion of its revenues from the sale or rental, for any form of consideration, of said items, or

(e) maintains a substantial section of its interior business space for the sale or rental or said items; or

(f) regularly features said items, and prohibits access by minors, because of age, to the premises, and advertises itself as offering “adult” or “xxx” or “x-rated” or “erotic” or “sexual” or “sensual” or “pornographic” material on signage visible from a public right of way; or

(g) maintains an adult arcade, which means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are characterized by their emphasis upon matter exhibiting specified sexual activities or specified anatomical areas.

“Adult Cabaret” means a nightclub, bar, juice bar, restaurant, bottle club, or other commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude and/or semi-nude.

“Adult Motel” means a motel, hotel, or similar commercial establishment which:

(a) offers accommodations to the public for any form of consideration; provides customers with closed-circuit television transmissions, films, motion pictures, video cassettes, other photographic reproductions, or live performances which are characterized by the display or simulated display of specified sexual activities or specified anatomical areas and which advertises the availability of such material by means of a sign visible from a public right-of-way, or by means of any on- or off-premise advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(b) offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(c) allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

“Adult Motion Picture Theater” means a commercial establishment where films, motion pictures, videocassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the display or simulated display of specified sexual activities or specified anatomical areas are regularly shown to more than five (5) persons for any form of consideration.

“Characterized by” means describing the essential character or quality of an item. As applied in this Chapter, no business shall be classified as a sexually-oriented business solely by virtue of showing, selling, or renting materials rated “NC-17” or “R” by the Motion Picture Association of America.

“City” means the City of Provo, Utah.

“Customer” means a patron of a business as defined in this Chapter.

“Employ,” “Employee,” and “Employment” describe and pertain to any person who performs any service on the premises of a business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

“Establish” and “Establishment” means any of the following:

(a) the opening or commencement of any sexually-oriented business as a new business;

(b) the conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business; or

“Finance Director” means the Provo City Finance Director or the Director’s designee.

“Hearing officer” means an attorney with an independent practice and not a full-time employee of Provo City, licensed to practice law in the State of Utah.

“Influential interest” means any of the following:

(a) the actual power to operate a sexually-oriented business or control the operation, management or policies of a sexually-oriented business or legal entity which operates a sexually-oriented business,

(b) ownership of a financial interest of twenty percent (20%) or more of a business or of any class of voting securities of a business, or

(c) holding an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates a sexually-oriented business.

“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. In the case of an employee, “licensee” means the person in whose name a sexually-oriented business employee license has been issued.

“Municipal Council” means the Municipal Council of the City of Provo, Utah.

“Nudity” or “A State of Nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft or cleavage with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola.

“Operate” or “Cause to Operate” means to cause to function or to put or keep in a state of doing business.

“Operator” means any person on the premises of a sexually-oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may operate or cause to be operated a sexually-oriented business whether or not that person is an owner, part owner, or licensee of the business.

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

“Premises” means the real property upon which a 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 garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in an application for a business license pursuant to Section 9.60.040 of this Chapter.

“Regularly” means the consistent and repeated doing of the act so described.

“Semi-nude” or “State of Semi-nudity” means the showing or the simulated showing of a female breast with less than a fully opaque covering below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition includes the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

“Semi-nude Model Studio” means a place where persons regularly appear in a state of semi-nudity for money or any form of consideration in order to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. This definition does not apply to any place where persons appearing in a state of semi-nudity do so in a modeling class operated:

(a) by a college, junior college, or university supported entirely or partly by taxation;

(b) by a private college or university which maintains and operates educational programs in which credits are transferable to college, junior college, or university supported entirely or partly by taxation; or:

(i) which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and

(ii) where, in order to participate in a class a student must enroll at least three (3) days in advance of the class.

“Sexual Device” means any three-dimensional object designed or marketed for stimulation of the male or female human genital organ or anus or for sadomasochistic use or abuse of oneself or others and shall include devices such as dildos, vibrators, penis pumps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include any device primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

“Sexual Device Shop” means a commercial establishment that regularly features sexual devices. Nothing in this definition shall be construed to include any pharmacy, drug store, medical clinic, or any establishment primarily dedicated to providing medical or healthcare products or services, nor shall this definition be construed to include commercial establishments which do not restrict access to any portion of their premises by reason of age.

“Sexual Encounter Center” means a business or commercial enterprise that, as one (1) of its principal business purposes, purports to offer for any form of consideration, physical contact in the form of wrestling or tumbling when one (1) or more of the persons is semi-nude.

“Sexually-oriented Business” means an adult bookstore or adult video store, an adult cabaret, an adult motel, an adult motion picture theater, a semi-nude model studio, sexual device shop, or a sexual encounter center.

“Simulated Showing” or “Simulated Display” means the utilization of a device or covering, exposed to view, that realistically appears to be any part of a specified anatomical area.

“Specified Anatomical Area” means and includes:

(a) less than completely and opaquely covered human genitals, pubic region, anus, anal cleft, buttock and female breast below a point immediately above the top of the areola; and

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

“Specified Criminal Activity” means:

(a) any of the following specified crimes for which less than five (5) years elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

(i) dissemination or distribution of obscenity or pornographic material;

(ii) distribution of a controlled substance;

(iii) engaging in organized criminal activity relating to a sexually-oriented business;

(iv) indecency with a child, including:

(A) unlawful sexual activity with a minor,

(B) sexual abuse of a minor, and

(v) indecent exposure or lewdness;

(vi) molestation of a child, including:

(A) rape of a child,

(B) object rape of a child,

(D) sexual abuse of a child, and

(E) aggravated sexual abuse of a child;

(vii) sexual exploitation of a minor;

(viii) prostitution or promotion of prostitution, including:

(A) patronizing a prostitute,

(B) aiding prostitution,

(D) aggravated exploitation of prostitution;

(ix) rape, including,

(A) object rape,

(B) forcible sodomy, and

(x) sale, distribution or display of harmful material to a minor, including:

(A) indecent public displays, and

(B) dealing in harmful material to a minor;

(xi) sexual assault or aggravated sexual assault;

(xii) sexual performance by a child;

(xiii) criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or

(xiv) any offense in another jurisdiction that, had the predicate act(s) been committed in Utah, would constitute any of the foregoing offenses; or

(b) any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses.

“Specified Sexual Activity” means any of the following:

(a) actual or simulated intercourse, oral copulation, masturbation or sodomy; or

(b) actual or simulated excretory functions as a part of or in connection with any of the activities described in (a) above.

“Substantial” means at least thirty-five percent (35%) of the item(s) or word(s) so modified.

“Transfer of Ownership or Control” of a sexually-oriented business means any of the following:

(a) the sale, lease, or sublease of the business;

(b) the transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or

(c) the establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

“Viewing Room” means the room, booth, or area where a customer of a sexually-oriented business would ordinarily be positioned while watching a film, videocassette, or other video reproduction.