§ 78-321. Definitions.  


Latest version.
  • (a)

    The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    Church means a place where persons regularly assemble for religious worship.

    Conviction means adjudication of guilt, plea of guilty, plea of nolo contendere or the forfeiture of a bond when charged with a crime, but shall not include a discharge under provisions of what is commonly called the State of Georgia First Offender Act.

    Distance and measurement mean the measurement in lineal feet from the center of any door of customer entry of the proposed premises of an adult entertainment establishment (or, if not on ground level, then the beginning point for measuring the distance shall be the point at ground level determined by measuring from the center of any door of customer entry perpendicular to the ground level) to the nearest property line of any church, library, school, college, public park, residence or hospital. A radius shall be measured from the center of any door of customer entry of the proposed premises to the nearest property line of any church, library, school, college, public park, residence or hospital.

    Hospital means building or portion thereof designed and used for therapeutic treatment of bed patients who are physically or mentally ill.

    Legal alien means a person who is recognized by the United States government as being a legal alien.

    Minor means any person who has not attained the age of 18 years.

    Park means any lands or facility owned, operated, controlled or managed by any county, city or federal government or any governmental entity in and upon which recreational activities or places are provided for the recreation and enjoyment of the general public.

    Premises means the real property upon which the adult entertainment establishment is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult entertainment establishment, 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 the application for the license herein.

    Residence means a house, apartment, mobile home, boardinghouse or roominghouse, duplex or other multifamily housing for human dwelling, or any property zoned therefor.

    School means state, county, city, church or other schools, public or private, as teach the subjects commonly taught in the common schools of this state, and vocational schools, colleges, post-high-school learning centers, kindergartens and day care centers for persons of all ages.

    (b)

    As used in this division, the following words or phrases shall have the following meanings, and the premises on which defined establishments operate or on which defined activities occur shall constitute adult entertainment establishments. None of the definitions contained in this section shall be construed to permit any act that is in violation of county or state law:

    Adult bookstore means an establishment having 25 percent or more of its stock in trade, books, printed material, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section, comprising 25 percent or more of its total floorspace, devoted to the sale or display of such material, or with 25 percent or more of its net sales consisting of printed material which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

    Adult dancing establishment means any establishment or facility where adult entertainment is regularly sponsored, allowed, presented, sold or offered to the public.

    Adult entertainer means any person employed by an adult entertainment establishment who exposes his or her specified anatomical areas on the premises of the establishment. For purposes of this division, adult entertainers include employees as well as independent contractors.

    Adult entertainment means live conduct characterized by the display of specified anatomical areas.

    Adult hotel or motel means a hotel or motel whose primary purpose along with lodging is the presentation of material which is distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas.

    Adult mini-motion picture theater means an enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

    Adult motion picture arcade means any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specified sexual activities or specified anatomical areas.

    Adult motion picture theater means an enclosed building with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

    Adult video store means an establishment having, 25 percent or more of its stock in trade, videotapes or movies or other reproductions, whether for sale or rent, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section, comprising 25 percent or more of its total floorspace, devoted to the sale or display of such material, or which derives more than 25 percent or more of its net sales from videos which are characterized or distinguished by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or 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 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.

    Erotic entertainment/dance establishment means a nightclub, theater or other establishment which features live performances by topless or bottomless dancers or entertainers, go-go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified anatomical areas.

    Seminude means the exposure of one or more, but not all, of the following: human genitals or pubic region, buttocks, or female breasts below a point immediately above the top of the areola.

    Specified anatomical areas shall include any of the following:

    (1)

    Less than completely and opaquely covered human genitals or pubic region, buttock or female breast below a point immediately above the top of the areola; or

    (2)

    Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

    Specified criminal activities shall include any of the following specified crimes for which less than ten years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

    (1)

    Rape, child molestation, sexual assault, sexual battery, aggravated sexual assault, aggravated sexual battery, or public indecency;

    (2)

    Prostitution, keeping a place of prostitution, pimping, or pandering;

    (3)

    Obscenity, distributing or displaying obscene material to a minor or use of minor in sexual performance;

    (4)

    Any offense related to any sexually-oriented business, including controlled substance offenses, tax violations, racketeering, crimes involving sex, crimes involving prostitution, or crimes involving obscenity;

    (5)

    Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or

    (6)

    Any offense in another jurisdiction that, had the predicate act(s) been committed in Georgia, would have constituted any of the foregoing offenses.

    Specified sexual activities shall include any of the following:

    (1)

    Sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, masturbation, flagellation or torture in the context of sexual relations, or excretory functions in the context of sexual relations, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism or zooerasty;

    (2)

    Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

    (3)

    Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

    (4)

    Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

    (5)

    Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being; or

    (6)

    Human excretion, urination, menstruation, or vaginal or anal irrigation.

    Supervisor means the supervisor of the business license division of the county.

(Ord. of 10-25-94; Code 1977, § 3-7-164.1; Ord. of 7-10-01, #6; Ord. of 6-27-06; Amd. of 2-23-10)

Cross reference

Definitions generally, § 1-2.