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For the purposes of this chapter, the words and phrases used herein, unless the context otherwise indicates, shall have the following meaning:

ADULT ARCADE: Any commercial establishment to which the public is permitted or invited where, for any form of consideration, one or more still or motion picture projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons per machine at any one time, are used to regularly show films, motion pictures, videocassettes, slides, or other photographic reproductions depicting actual acts of masturbation, sexual intercourse, copulation, sodomy or displaying human genitals in a state of sexual stimulation, arousal, or tumescence, or depicting excretory functions as a part of or in connection with any of the activities set forth in this definition.

ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE: A commercial establishment which devotes at least fifty percent (50%) of its stock in trade or interior floor space to, or receives at least fifty percent (50%) of its revenues from, the sale, rental or viewing (for any form of consideration) of books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which are intended to be read, viewed or used outside the premises of the commercial establishment.

ADULT BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, or sexual encounter center.

ADULT CABARET: A nightclub, bar, restaurant, concert hall, auditorium, or other commercial establishment which regularly features live adult entertainment.

ADULT ENTERTAINMENT: Any exhibition, display, or dance which involves the exposure to view of any portion of the female breast below the top of the areola, male genitals, female genitals, or the pubic hair, anus, or cleft of the buttocks of any person or male genitals in a discernibly turgid state even if completely and opaquely covered.

ADULT MOTEL: A motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, and provides patrons with closed circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of the sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, and offers a sleeping room for rent for a period of time less than five (5) hours.

ADULT MOTION PICTURE THEATER: Any commercial establishment to which the public is permitted or invited, where for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown depicting actual acts of masturbation, sexual intercourse, oral copulation, sodomy or displaying human genitals in a state of sexual stimulation, arousal, or tumescence, or depicting excretory functions as part of or in connection with any of the activities set forth in this definition. Any establishment meeting the definition of an adult arcade is not an adult motion picture theater.

CHILDCARE FACILITY: A commercial establishment for daily care or instruction of children.

CHURCH: Any institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term "church" shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

LINGERIE MODELING: Private or group showings of lingerie that is modeled, but not at a one time residential private party, but in a place of business, for any form of consideration. Such lingerie reveals "specified anatomical areas".

MANAGER'S STATION: A required area or areas, not exceeding thirty two (32) square feet of floor area, that provides an unobstructed view, by direct line of sight, of each area of the premises to which any patron is permitted, excluding restrooms.

MASSAGE PARLOR: An establishment or place primarily in the business of providing massage services, but not licensed pursuant to the Colorado massage parlor code (article 48.5 of title 12, Colorado Revised Statutes).

NUDITY OR A STATE OF NUDITY: The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast.

OBSCENE: A performance that:

A. The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex; and

B. Depicts or describes:

1. Patently offensive representations of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

2. Patently offensive representations of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state; and

C. Taken as a whole, lacks serious literary, artistic, political or scientific value.

PATENTLY OFFENSIVE: So offensive on its face as to affront current community standards of tolerance.

PERFORMANCE: A play, motion picture, dance, or other exhibition performed before an audience.

PUBLIC PARK: Any area set aside by the town for recreational use, open space or greenbelt areas, excluding officially designated trail corridors.

SCHOOL: A facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high schools, and high schools.

SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that regularly offers, for any form of consideration, activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminude. This definition does not apply to any actions in compliance with any treatment or examination of another person for a bona fide medical purpose when such treatment or examination is conducted in a manner substantially consistent with reasonable medical practices, or to bona fide private parties not open to the general public.

SPECIFIED ANATOMICAL AREAS:

A. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the areola; or

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

SPECIFIED SEXUAL ACTIVITIES:

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse or sodomy; and

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 30, Series 1996; amd. Ord. 23, Series 2000)