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The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) “Adult entertainment” means a performance described in the definition of adult entertainment business in this section.

(2) “Adult entertainment business” means an adult arcade, an adult club, an adult bookstore or an adult theater, each as defined in the following, or a combination of an adult arcade, an adult club, an adult bookstore or an adult theater.

(a) “Adult arcade” means a bookstore, video store, membership club or other place:

(i) To which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

(ii) That provides one or more booths for viewing a live performance, as specified in the definition of an “adult club” in subsection (2)(c) of this section, or motion picture films, video cassettes, cable television shows, computer-generated images or any other visual media distinguished or characterized by a predominant emphasis on performances involving nudity or sexual conduct.

(b) “Adult bookstore” means an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by a predominant emphasis on matter depicting, describing or relating to nudity or sexual conduct and which excludes minors by virtue of age.

(c) “Adult club” means a nightclub, membership club, bar, restaurant, salon, hall, studio or other place:

(i) To which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

(ii) That provides, on a regular basis or as a substantial part of the activity on the premises, a live performance that includes nudity; is distinguished or characterized by a predominant emphasis on depictions or simulations of sexual conduct; or otherwise constitutes an erotic performance. A place that provides such a live performance only for viewing by an individual in a booth in accordance with this chapter is an adult arcade and not an adult club.

(d) “Adult theater” means a movie theater, bookstore, video store, membership club or other place, building or enclosure of any portion thereof:

(i) To which the public or members of a membership club are invited or admitted, whether or not a membership fee, cover charge or other consideration is required for admittance; and

(ii) That provides a room or other area that can accommodate more than one person for viewing motion picture films, video cassettes, cable television shows, computer-generated images or any other visual media distinguished or characterized by a predominant emphasis on performances involving nudity or sexual conduct.

(e) Notwithstanding any other provision of this chapter, “adult arcade,” “adult bookstore,” “adult club” and “adult theater” do not include:

(i) A theater or performing arts institution that presents a play, opera, musical, dance or other dramatic works that are not distinguished or characterized by a predominant emphasis on nudity or sexual conduct; or

(ii) An educational institution, administered, licensed or recognized as a public or private educational institution by the State of Washington, that provides a modeling session or other class or seminar depicting nudity or sexual conduct.

(3) “Applicant” means a person who applies for an adult entertainment business license, an adult entertainment manager license or an adult entertainer license.

(4) “Booth” means a booth, cubicle, stall, room or enclosed space in an adult arcade, that is designed, constructed or used to hold or seat a single individual.

(5) “Business control person” means a partner, corporate officer, director, shareholder or other individual who has responsibility for the management of an adult entertainment business.

(6) “Business license” means an adult entertainment business license.

(7) “City” means the city of Covington, Washington.

(8) “Customer” means a customer, patron, club member or other individual who is invited or admitted to an adult entertainment business during its hours of operation, regardless of whether he or she makes a purchase or pays a fee, charge, gratuity or other consideration. However, “customer” does not include an employee or entertainer while the employee or entertainer is engaged in his or her duties or performance.

(9) “Director” means the director of the department of information and administrative services or the director’s designee.

(10) “Employee” means an individual, including an independent contractor, who works in or at or renders service directly related to the operation of an adult entertainment business, whether or not the person is paid compensation by the operator of the business.

(11) “Entertainer” means an individual who provides live adult entertainment in an adult club, whether or not a fee, tip or other consideration is charged or accepted for the entertainment.

(12) “Entertainer license” means a license for an entertainer issued under this chapter.

(13) “Erotic performance” means a performance, in an adult club, that is intended to sexually stimulate a customer.

(14) “Manager” means an individual who provides on-site management, direction or administration of the operation or conduct of any portion of an activity conducted in an adult entertainment business and includes an assistant manager working with or under the direction of a manager to carry out those purposes.

(15) “Manager license” means a license for a manager issued under this chapter.

(16) “Membership club” means a club that invites or accepts a membership application from the public.

(17) “Nudity” or “nude” means:

(a) The exposure to view, by not completely covering with an opaque material, of the human male or female pubic region, anus, cleft of the buttocks, genitalia or any portion of the areola or nipple of the female breast;

(b) The exposure to view of a device or covering that simulates the appearance of the human male or female pubic region, anus, cleft of the buttocks, genitalia or any portion of the areola or nipple of the female breast; or

(c) The display of male genitalia in a discernible state of sexual stimulation, whether covered or not with opaque material.

(18) “Obscene” means a performance that:

(a) Taken as a whole, by an average person applying contemporary community standards, appeals to a prurient interest in sex;

(b) Taken as a whole, by an average person applying contemporary community standards, depicts patently offensive representations of the sexual acts described in RCW 7.48A.010(2)(b); and

(c) Taken as a whole, lacks serious literary, artistic, political or scientific value.

(19) “Performance” means an exhibition, display, appearance, dance, modeling, demonstration, show, pantomime or presentation of any kind, whether live or depicted in a motion picture film, video cassette, cable television show, computer-generated image, slide or other nonlive visual image.

(20) “Person” means an individual, firm, corporation, joint venture, partnership, association, membership club, fraternal organization, estate, trust or other entity or group acting as a unit.

(21) “Premises” means the entire real estate parcel on which an adult entertainment business is located, including all interior areas and exterior areas such as parking areas.

(22) “Satisfactory documentation” means:

(a) A current valid motor vehicle operator’s license, issued by a state, bearing the applicant’s photograph and date of birth;

(b) A current, valid identification card bearing the applicant’s photograph and date of birth issued by a Federal or State government agency; or

(c) A valid passport issued by the United States of America or another country.

(23) “Sexual conduct” means any of the following:

(a) Caressing, fondling or other erotic touching of genitalia, pubic region, buttocks, anus, female breast or artificial depictions of those anatomical areas, whether covered or not with opaque material; or

(b) An act of masturbation, genital intercourse, anal intercourse, fellatio, cunnilingus, sadomasochistic abuse or bestiality.

(24) “Police department” means the Police Department of the city of Covington. (Ord. 05-02 § 3)