City of Abilene Ordinances
Section 5.1.1.3 (Land Use Definitions)
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(4) ADULT ENTERTAINMENT ENTERPRISE: Any business activity whether in public, semi-public or private premises, which offers the opportunity to feel, handle, touch, paint, be in the presence of, or be entertained by the unclothed body or the unclothed portion of the body of another person, or to observe, view, or photograph any such activity. Except as specifically provided otherwise herein, nothing in this section is intended to regulate:
a. Any business operated by or employing psychologists, physical therapists, athletic trainers, licensed masseuse, cosmetologists, or barbers, licensed by the State of Texas, performing functions authorized under the licenses held.
b. Any business operated by or employing physicians, osteopaths, chiropractors or nurses, licensed by the State of Texas, engaged in practicing the healing arts.
c. Any retail establishment whose major business is the offering of wearing apparel for sale to customer.
Adult Entertainment Enterprises furthermore include, but are not limited to, the following:
a. Adult Bookstore/Film Store. An establishment or commercial enterprise having 10% or more of its stock in trade; videos, tapes, cassettes, photographs, books, magazines and other periodicals which are distinguished by a predominant emphasis on matter(s) depicting, describing, or relating to “specific sexual activities” or “specified anatomical areas” as defined below.
b. Movie Arcade. Any business wherein is operated a film or videotape viewing device. A film or videotape viewing device or booth subject to these provisions is defined as:
1. Viewing Booths/Arcades – An establishment or commercial enterprise which has within its structure any electrical or mechanical device, which projects or displays any film, videotape or reproduction into a viewing area obscured by a curtain, door, or wall, or other enclosure which is designed for occupancy by no more than five persons, and is used for presenting material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” for observation by five (5) or fewer persons.
2. Adult Motion Picture Theater – An establishment or commercial enterprise which has an enclosed building with a capacity of more than five (5) persons and is used for presenting material distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons.
c. Adult Cabaret. An establishment whose portion of business is the offering to customers of live entertainment which is intended to provide sexual stimulation or sexual gratification to such customers, including but not limited to dancing, posing, modeling, acting, and which is distinguished by or characterized by a predominant emphasis on matter depicting, describing, or relating to “specified sexual activities,” or “specified anatomical areas.”
d. Adult Encounter Parlor. An establishment whose business consists of premises where customers either congregate, associate, or consort with employees who engage in “specified sexual activities” with or in the presence of such customers, or who display “specified anatomical areas” in the presence of such customers, with the intent of providing sexual stimulation or sexual gratification to such customers.
e. Adult Lounge. An “adult cabaret” as defined above which is permitted or licensed pursuant to the Alcoholic Beverage Code where alcoholic beverages may be served or sold.
f. Adult Drive-In Theater. A drive-in theater used for presenting motion picture films, videocassettes, cable television, or any other such visual media, distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
g. Adult Retail Store. This is a retail establishment in which:
1. Ten percent or more of the “stock in trade” consists of items, products or equipment distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas”; or
2. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment [is displayed] distinguished or characterized by an emphasis on “specified sexual activities” or “specified anatomical areas.”
h. Specified Sexual Activities. For the purpose of defining Adult Entertainment Enterprise, the following shall be considered specified sexual activities:
1. Human genitals in a state of sexual stimulation or arousal; or
2. Acts of human masturbation, sexual intercourse, sodomy, acts of bestiality;
3. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
i. Specified Anatomical Areas. For the purpose of defining Adult Entertainment Enterprise, the following shall be considered specified anatomical areas:
1. Less than completely and opaquely covered:
(a) Human genitals, pubic region
(b) Buttock
(c) Female breast below a point immediately above the top of the areola; and
(d) Human genitals in a discernibly erect state, even if completely and opaquely covered.
j. Stock in Trade. For the purpose of defining Adult Entertainment Enterprise, Stock in Trade shall be defined as the total volume or number of items, products or equipment available for purchase, rental, viewing or use by patrons of the establishment, excluding material located in any storeroom or other portion of the premises not regularly open to patrons.
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