§ 22-401. Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Adult arcade shall mean any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled image-producing devices are maintained to show images to five or fewer viewers at one time; and where the displayed images depict or describe specified sexual activities or specified anatomical areas.
Adult bookstore or adult video store shall mean a commercial establishment that, as one of its principal business purposes, offers for any form of consideration, any book, magazine, periodical or other printed matter, or any photograph, film, motion picture, CD, DVD, video cassette, or video reproduction, slide, or other visual representation, which depicts or describes specified sexual activities or specified anatomical areas.
Adult cabaret shall mean a nightclub, bar, restaurant, or other commercial establishment which regularly features:
(1)
Persons who appear in a state of nudity; or
(2)
Live performances that display specified sexual activities or specified anatomical areas.
Adult motion picture theater shall mean a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions that display specified sexual activities are regularly shown; and where the reproductions are not rated by the Motion Picture Association of America, or the ratings are not enforced by the establishment.
Adult theater shall mean a theater, concert hall, auditorium, or similar commercial establishment, which regularly features (i) persons who appear in a state of nudity, or (ii) live performances that display specified sexual activities or specified anatomical areas.
Child care facility shall mean a facility that, by license issued by the State of Arkansas, is permitted to provide care or supervision for minor children.
Escort shall mean a person who, for consideration:
(1)
Offers or agrees to act as a temporary companion for another person; or
(2)
Offers or agrees to privately model lingerie, or to privately perform a striptease for another person.
Escort agency shall mean a person or business association that furnishes, offers to furnish, or advertises the furnishing of an escort as one of its primary business purposes.
Massage establishment that offers adult services shall mean an establishment that offers specified sexual activities, or massage of specified anatomical areas.
Nude, nudity, or state of nudity shall mean:
(1)
The display of the bare human buttocks, anus, male genitals, female genitals, or areola of the female breast; or
(2)
A state of dress which fails to opaquely cover the human buttocks, anus, male genitals, female genitals, and areola of the female breast.
Nude model studio shall mean a place where, for money or other consideration, a person (model) who appears in a state of nudity, or who displays any specified anatomical area(s), is observed, sketched, drawn, painted, sculptured, photographed, or otherwise depicted by another person; but shall not include a proprietary school licensed by the State of Arkansas, or a college, community college, or university that is supported entirely or in part by taxation, or a private college or university that maintains and operates educational programs in which credits are transferable to a college, community college, or university that is supported entirely or in part by taxation, or a structure containing such an establishment, provided that:
(1)
No sign visible from the exterior of the structure, and no advertising, shall indicate that a nude person is available for viewing; and
(2)
Each student and non-model person in attendance must enroll at least three days in advance of the modeling session.
Park shall mean any outdoor area, whether publicly or privately-owned, that is primarily intended for public recreational use.
Person shall mean an individual, proprietorship, partnership, corporation, association, or any legal entity.
Place of worship shall mean a structure where persons regularly assemble for worship, ceremonies, rituals, and education relating to their religious beliefs, and which a reasonable person would conclude is a place of worship by reason of design, signage, or architectural features.
Playground shall mean any outdoor recreational area, whether publicly or privately owned, having play equipment available for use by children.
Public library shall mean any city, county, or other library established pursuant to A.C.A. Title 13.
Recreational area or facility shall mean an area or facility that is open to the public for recreational purposes.
Residential district shall mean land within the R-E, R-1, R-2, R-3, R-4, R-O, or M-H zoning districts of the City of Siloam Springs.
Sex-oriented business shall mean any adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, adult theater, massage establishment that offers adult services, escort agency, or nude model studio, as defined in this section.
School shall mean a public or private elementary, secondary, charter, or postsecondary school.
Specified anatomical areas shall mean:
(1)
Less than completely and opaquely covered human genitals, pubic region, buttocks, or areola; or
(2)
Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified sexual activities shall mean:
(1)
Human genitals in a state of sexual stimulation or arousal;
(2)
Acts of human masturbation, sexual intercourse, or sodomy; or
(3)
Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast.
(Ord. No. 07-41, § II, 1-2-2008)