Sec. 10-32Definitions

The following terms used in this chapter defining adult entertainment establishments shall have the meanings indicated below:

Adult bookstore means an establishment having a substantial or significant portion of its stock in trade, books, 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 20 percent of its net sales consisting of printed material which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

Adult business means either:

(1) Any business other than those expressly specified in this article, where employees or patrons expose specified anatomical areas or engage in specified sexual activities; or

(2) Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, discussing, or relating to specified sexual activities or specified anatomical areas.

Adult dancing establishment means a business that features dancers displaying or exposing specified anatomical areas.

Adult hotel or motel means a hotel or motel wherein material is presented which is distinguished or characterized by an emphasis on matter depicting, describing, or relating 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 store means a commercial establishment or other establishment which has a significant or substantial portion (20 percent or more) of its stock in trade or derives a significant or substantial portion (20 percent or more) of its revenues or devotes a significant or substantial portion (20 percent or more) of its interior business or advertising to the sale, rental, or any form of consideration of any instruments, devices, paraphernalia, products, article or articles which are designed, sold, or viewed for use in connection with "specified sexual activities" as defined herein, or which are sold or marketed primarily for stimulation of human genital organs.

Adult video store means any establishment having a substantial or significant portion of its stock in trade, video tapes, 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 five percent of its total floor space, devoted to the same or display of such material or which derives more than five percent of its net sales from videos which are characterized, distinguished, or relating to specified sexual activities or specified anatomical areas.

Church means a temple or building consecrated to the honor of God or other supreme being and religion or an assembly of persons united by the profession of the same religious faith, meeting together routinely for religious worship.

Encounter center or rap establishment means any business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons may congregate, assemble, or associate for the primary purpose of engaging in, describing, or discussing specified sexual activities, or exposing specified anatomical areas.

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

Escort bureau or introduction services means any business, agency, or person who, for a fee, commission, hire, reward, or profit furnishes or offers to furnish names or persons, or who introduces, furnishes, or arranges for person who may accompany other persons to or about social affairs, entertainments or places of amusement, or who may consort with others about any place of public resort or within any private quarters.

Good moral character means a person is of good moral character according to this chapter if that person has not been convicted of a drug-related or alcohol-related felony or sex-related crime in the past five years.

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

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 sexual activities shall include any of the following:

(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation, or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relations, and any of the following sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellation, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or

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

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

(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast; or

(5) Masochism, erotic or sexually oriented torture, beating, or the inflicting of pain; or

(6) Erotic or lewd touching, fondling, or other sexual contact with an animal by a human being; or

(7) Human excretion, urination, menstruation, vaginal or anal irrigation.

An establishment may have other principle business purposes that do not involve the activities defined herein and still be categorized or classified as an adult entertainment establishment under this portion of the Code. Such other business purposes will not serve to exempt such establishment from being categorized as an adult entertainment establishment herein so long as one of the principle business purposes is defined in this Code. A principle business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or activity of the establishment.

State Law reference— Definitions, O.C.G.A. § 36-60-3.