Highlighted below: 9 of 10 extracted standards and 1 of 1 districts, chipped on their section headings. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.

Chapter 24 - OBSCENITY#

Footnotes:#

(1) ---

Cross reference— Use of obscene language over telephone, § 35-2; offenses involving unlawful sexual intercourse, § 25-19 et seq.

ARTICLE I. - IN GENERAL#

Footnotes:#

(2) ---

State Law reference— Authority of city council to adopt ordinances similar to the provisions of this article, Code of Virginia, § 15.2-926.2.

Sec. 24-1. - Violations of chapter.#

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 1 misdemeanor.

Sec. 24-2. - Definitions.#

Unless otherwise provided, the following definitions shall apply in the interpretation and enforcement of this article:

Knowingly means having a general knowledge of, or reason to know, or belief or ground for belief which warrants further inspection or inquiry of the character and content of any material described in this article which is reasonably susceptible of examination by the defendant.

Obscene means that which, considered as a whole, has as its dominant theme or purpose an appeal to prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof, or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters, and which, taken as a whole, lacks serious literary, artistic, political or scientific value.

(Code 1963, § 25-1)

State Law reference— Similar definition of "obscene," Code of Virginia, § 18.2-372.

Sec. 24-3. - Obscene items enumerated.#

For the purposes of this article, obscene items shall include:

Any obscene book; or
Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, drawing, photograph, film, negative, slide, motion picture; or
Any obscene figure, object, article, instrument, novelty device or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds.

(Code 1963, § 25-3)

State Law reference— Similar provisions, Code of Virginia, § 18.2-373.

Sec. 24-4. - Production, publication, sale, possession, etc., of obscene items.#

(a) It shall be unlawful for any person to knowingly:

Prepare any obscene item for the purpose of sale or distribution; or
Print, copy, manufacture, produce or reproduce any obscene item for purposes of sale or distribution; or
Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit, any obscene item, or offer to do any of these things; or
Have in such person's possession, with intent to sell, rent, lend, transport or distribute any obscene item.

Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this section.

(b) For the purposes of this section, the word "distribute" shall mean delivery in person, or by mail or messenger, or by any other means by which obscene items may pass from one person to another.

(Code 1963, § 25-2)

State Law reference— Similar provisions, Code of Virginia, § 18.2-374.

Sec. 24-5. - Obscene exhibitions and performances generally.#

It shall be unlawful for any person to knowingly:

Produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibition or performance, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided, that no employee of any person or legal entity operating a theatre, garden, building, structure, room or place which presents such obscene exhibition or performance shall be subject to prosecution under this section if the employee is not the manager of the theatre or an officer of such entity, and has no financial interest in such theatre, other than receiving salary and wages; or
Own, lease or manage any theatre, garden, building, structure, room or place and lease, let, lend or permit such theatre, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance.

(Code 1963, § 25-4)

State Law reference— Similar provisions, Code of Virginia, § 18.2-375.

Sec. 24-6. - Advertising obscene items, exhibitions or performances generally.#

It shall be unlawful for any person to knowingly prepare, print, publish or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item referred to in section 24-3, or of any obscene performance or exhibition referred to in section 24-5, stating or indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or heard.

(Code 1963, § 25-5)

Cross reference— Advertising, Ch. 3.

State Law reference— Similar provisions, Code of Virginia, § 18.2-376.

Sec. 24-7. - Obscene placards, posters, bills, etc.#

It shall be unlawful for any person to knowingly expose, place, display, post up, exhibit, paint, print or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing or picture which is obscene, or which advertises or promotes any obscene item referred to in section 24-3, or any obscene exhibition or performance referred to in section 24-5, or knowingly permit the same to be displayed on property belonging to or controlled by such person.

(Code 1963, § 25-6)

State Law reference— Similar provisions, Code of Virginia, § 18.2-377.

Sec. 24-8. - Coercing acceptance of obscene articles or publications.#

No person shall, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, require that the purchaser or consignee receive for resale any other article, book or other publication which is obscene; nor shall any person deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books or publications, or by reason of the return thereof.

(Code 1963, § 25-7)

State Law reference— Similar provisions, Code of Virginia, § 18.2-378.

Sec. 24-9. - Obscene photographs, slides and motion pictures.#

Every person who knowingly:

Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or
Models, poses, acts or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution;

shall be guilty of a Class 3 misdemeanor.

(Code 1963, § 25-9)

State Law reference— Similar provisions, Code of Virginia, § 18.2-382.

Sec. 24-10. - Indecent exposure.#

No person shall intentionally make an obscene display or exposure of his or her person, or the private parts thereof, in any public place, or in any place where others are present, or procure another to so expose himself or herself.

(Code 1963, § 25-10)

State Law reference— Similar provisions, Code of Virginia, § 18.2-387.

Sec. 24-11. - Employing or permitting minor to assist in violation of article.#

No person shall intentionally, in any manner, hire, employ, use or permit any person under the age of eighteen (18) years to do or assist in doing any act or thing constituting any offense under this article.

(Code 1963, § 25-8)

State Law reference— Similar provisions, Code of Virginia, § 18.2-379.

Sec. 24-12. - Proceeding against obscene book.#

(a) Whenever any citizen of the city or the city attorney has reasonable cause to believe that any person is engaged in the sale or commercial distribution of any obscene book in the city, such citizen or the city attorney may institute a proceeding in the circuit court of the city for adjudication of the obscenity of the book.

(b) A proceeding under this section shall be instituted by filing with the court a petition:

Directed against the book by name or description;
Alleging the obscene nature of the book; and
Listing the names and addresses, if known, of the author, publisher and all other persons interested in its sale or distribution.

(c) Upon the filing of a petition pursuant to this section, the court, in term or in vacation, shall forthwith examine the book alleged to be obscene. If the court finds no probable cause to believe the book obscene, the judge thereof shall dismiss the petition; but if the court finds probable cause to believe the book obscene, the judge thereof shall issue an order to show cause why the book should not be adjudicated obscene. The order to show cause shall be:

Directed against the book by name or description;
Published once a week for two (2) successive weeks in a newspaper of general circulation within the city;
If their names and addresses are known, served by registered mail upon the author, publisher and all other persons interested in the sale or distribution of the book; and
Returnable twenty-one (21) days after its service by registered mail or the commencement of its publication, whichever is later.

(d) When an order to show cause is issued pursuant to this section, and upon four (4) days' notice to be given to the persons and in the manner prescribed by the court, the court may issue a temporary restraining order against the sale or distribution of the book alleged to be obscene.

(e) On or before the return date specified in the order to show cause issued under subsection (c), the author, publisher and any person interested in the sale or distribution of the book may appear and file an answer. The court may, by order, permit any other person to appear and file an answer amicus curiae.

(f) If no one appears and files an answer on or before the return date specified in the order to show cause, the court, upon being satisfied that the book is obscene, shall order the clerk of the court to enter judgment that the book is obscene, but the court, in its discretion, may except from its judgment a restricted category of persons to whom the book is not obscene.

(g) If an appearance is entered and an answer filed, the court shall order the proceeding set on the calendar for a prompt hearing. The court shall conduct the hearing in accordance with the rules of civil procedure applicable to the trial of cases by the court without a jury. At the hearing, the court shall receive evidence, including the testimony of experts, if such evidence be offered, pertaining to:

The artistic, literary, medical, scientific, cultural and educational value, if any, of the book, considered as a whole;
The degree of public acceptance of the book, or books of similar character, within the city;
The intent of the author and publisher of the book;
The reputation of the author and publisher;
The advertising, promotion and other circumstances relating to the sale of the book;
The nature of classes of persons, including scholars, scientists and physicians, for whom the book may not have prurient appeal, and who may be subject to exception pursuant to subsection (f).

(h) In making a decision on the obscenity of the book, the court shall consider, among other things, the evidence offered pursuant to subsection (g), if any, and shall make a written determination upon every such consideration relied upon in the proceeding in its findings of fact and conclusions of law or in a memorandum accompanying them.

(i) If it finds the book not obscene, the court shall order the clerk of the court to enter judgment accordingly. If it finds the book obscene, the court shall order the clerk of the court to enter judgment that the book is obscene, but the court, in its discretion, may except from its judgment a restricted category of persons to whom the book is not obscene.

(j) While a temporary restraining order made pursuant to subsection (d) is in effect, or after the entry of a judgment pursuant to subsection (f) or (i), any person who publishes, sells, rents, lends, transports in intrastate commerce or distributes or exhibits the book, or has the book in his possession with intent to publish, sell, rent, lend, transport in the city, or distribute or exhibit the book, is presumed to have knowledge that the book is obscene under the provisions of this article.

(k) Any party to a proceeding under this section, including the petitioner, may appeal from the judgment of the court to the Supreme Court of Virginia, as otherwise provided by law.

(l) It is expressly provided that the petition and proceeding authorized under this section shall be intended only to establish scienter in cases where the establishment of such scienter is thought to be useful or desirable by the petitioner, and the provisions of this section shall in nowise be construed to be a necessary prerequisite to the filing of criminal charges under this article.

State Law reference— Similar provisions, Code of Virginia, § 18.2-384.

Sec. 24-13. - Exceptions from article.#

Nothing contained in this article shall be construed to apply to:

The purchase, distribution, exhibition or loan of any book, magazine or other printed or manuscript material by any library, school or institution of higher learning, supported by public appropriation;
The purchase, distribution, exhibition or loan of any work of art by any museum of fine arts, school or institution of higher learning, supported by public appropriation;
The exhibition or performance of any play, drama, tableau or motion picture by any theater, museum of fine arts, school or institution of higher learning, supported by public appropriation.

(Code 1963, § 25-11)

State Law reference— Similar provisions, Code of Virginia, § 18.2-383.

Sec. 24-31. - Definitions.#

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them in this section:

Harmful to juveniles means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:

(1) Predominantly appeals to the prurient, shameful or morbid interest of juveniles, and

(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and

(3) Take as a whole, lacks serious literary, artistic, political or scientific value for juveniles.

Juvenile means any person under the age of eighteen (18) years.

Knowingly means having general knowledge of, or reason to known, or a belief or ground for belief which warrants further inspection or inquiry of both the character and content of any material described herein, which is reasonably susceptible of examination by the defendant, and the age of the juvenile; provided, however, that an honest mistake shall constitute an excuse for liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile.

Nudity means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.

Sadomasochistic abuse means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

Sexual conduct means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse or physical contact, in an act of apparent sexual stimulation or gratification, with a person's clothed or unclothed genitals, public area, buttocks or, if such person be a female, breast.

Sexual excitement means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(Code 1963, § 25-12)

State Law reference— Similar provisions, Code of Virginia, § 18.2-390.

Sec. 24-32. - Unlawful sales or loans to juveniles generally.#

It shall be unlawful for any person to knowingly sell or loan to a juvenile:

(1) Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or

(2) Any book, pamphlet, magazine, printed matter however reproduced or sound recording which contains any matter enumerated in paragraph (1) of this section, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles.

(Code 1963, § 25-13)

State Law reference— Similar provisions, Code of Virginia, § 18.2-391(a).

Sec. 24-33. - Admitting juveniles to premises exhibiting obscene films or other presentations.#

It shall be unlawful for any person to knowingly exhibit to a juvenile or to knowingly sell to a juvenile an admission ticket or pass or to knowingly admit a juvenile to premises whereon there is exhibited, a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles.

(Code 1963, § 25-13)

State Law reference— Similar provisions, Code of Virginia, § 18.2-391(b).

Sec. 24-34. - Misrepresentation to persons mentioned in sections 24-32 and 24-33 as to juvenile's age, etc.#

(a) It shall be unlawful for any juvenile to falsely represent to any person mentioned in section 24-32 or 24-33, or to his agent, that such juvenile is eighteen (18) years of age or older, with the intent to procure any material set forth in section 24-32, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation set forth in section 24-33.

(b) It shall be unlawful for any person to knowingly make a false representation to any person mentioned in section 24-32 or 24-33, or to his agent, that he is the parent or guardian of any juvenile, or that any juvenile is eighteen (18) years of age, with the intent to procure any material set forth in section 24-33, or with the intent to procure such juvenile's admission to any motion picture, show or other presentation set forth in section 24-33.

(Code 1963, § 25-13)

State Law reference— Similar provisions, Code of Virginia, § 18.2-391(c), (d).

Sec. 24-35. - Exhibition of motion picture harmful to juveniles where visible from street or other place off exhibitor's premises.#

It shall be unlawful for any person to exhibit any motion picture which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, whereby any portion of such motion picture is visible from a public street, sidewalk, alley, public thoroughfare or any other place off the premises of the motion picture exhibitor, open to the general public or where the general public is invited for business purposes.

State Law reference— Similar provisions, Code of Virginia, § 18.2-391(b).

Sec. 24-36. - Exceptions from article.#

Nothing contained in this article shall be construed to apply to:

(1) The purchase, distribution, exhibition or loan of any work of art, book, magazine or other printed or manuscript material by any accredited museum, library, school or institution of higher learning.

(2) The exhibition or performance of any play, drama, tableau or motion picture by any theater, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds.

State Law reference— Similar provisions, Code of Virginia, § 18.2-391.1.

Sec. 24-37. - Sexually oriented businesses.#M-1

(a) Purpose and intent. The following are provided as guidelines for the construction, interpretation and enforcement of this section:

(1) It is the purpose and intent of this section to regulate sexually oriented business establishments so as to protect and promote the health, safety, and general welfare of the citizens of the city and visitors thereto, and to establish reasonable and uniform regulations to prevent the concentration of sexually oriented businesses within the city.

(2) This section intends a balance of the right of the citizens of the city to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely in accordance with the guidelines of the Constitution of the United States and U.S. Supreme Court rulings pursuant thereto.

(3) This section is also intended to deter property uses and activities conducted thereon which, directly or indirectly, cause or would cause adverse effects on the stability of the immediate neighborhood surrounding the sexually oriented business.

(4) This section has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials.

(5) Similarly, it is not the purpose or intent of this section to restrict or deny lawful access by adults to sexually oriented materials nor to deny access by the distributors and exhibitors of sexually oriented materials to their intended market.

(6) Similarly, it is not the purpose or intent of this section to impose judgment on the content or merits of any constitutionally protected form of speech or expression.

(7) Operators of sexually oriented businesses are also hereby generally charged with complying with a policy of "keep it indoors and under control". All operators bear first line answerability, directly or indirectly, for all uses of the premises and activities conducted thereon.

(b) Prohibited locations of any type of sexually oriented business.

(1) An operator of a sexually oriented business commits a violation if he/she operates or causes to be operated a sexually oriented business in a zoning district which does not expressly permit that type of commercial use in said zoning district.

(2) In addition to being located in a proper zoning district, an operator commits a violation if he/she operates or causes to be operated a sexually oriented business within one thousand (1,000) feet of an existing:

a. Religious institution;

b. School;

c. Public park;

d. Boundary of a residential district;

e. Another sexually oriented business;

f. Licensed day care;

(3) For the purpose of subparagraph (2) above, measurement of the one thousand-foot distance shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property line of an existing religious institution, school, sexually oriented business or licensed day care, or from the boundary line of a public park, or residential district, to the nearest property line of the property sought to be used as a sexually oriented business.

(4) Also for the purposes of subparagraph (2) above, measurement of the one thousand-foot distance shall also include religious institutions, schools, licensed daycares, public parks, residential districts, or other sexually oriented businesses which are located in an adjoining city, township or rural land area and which are within the 1,000-foot distance of the nearest property line of the property sought to be used as a sexually oriented business within the City of Hopewell.

(5) A person commits a violation if he/she causes or permits the establishment or operation of more than one (1) sexually oriented business on the same property, in the same building or structure, or any portion thereof.§

(6) A sexually oriented business lawfully operating as a conforming use after December 31, 2014, is not rendered a nonconforming use by the subsequent location of a religious institution, school, licensed daycare, public park, or residential district within one thousand (1,000) feet of the sexually oriented business.

(c) Use regulations for all sexually oriented businesses. The application of the following regulations in this subsection may be modified only by prior written approval of the zoning administrator to reasonably accommodate legitimate needs of a particular business to promote on-premises security and safety measures for the premises and the persons thereon. (Example: Security personnel, security doors, money cages, storage rooms, limited access areas; etc.) Otherwise, the city's code enforcement personnel may issue citations for violations of the following regulations which occur on the premises of a sexually oriented business at any time the establishment is occupied or open for business:

(1) The operator of a sexually oriented business shall permit and cooperate with the appropriate city enforcement personnel to inspect the entire premises as well as all activity being conducted therein.§

(2) Subject to reasonable accommodations for legitimate security measures, including approved internal surveillance video systems, the operator shall maintain the entire premises so as to permit walk-through inspections, without interference, by city enforcement personnel.

(3) The operator shall maintain the interior of the premises in such a manner that there is an unobstructed view into every area of the premises to which any customer is permitted access for any purpose, excluding restrooms.§ The operator shall ensure that the ability to view into any area where customers are allowed remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials.

(4) If the premises contain two (2) or more separate rooms, the operator shall maintain each room with at least one (1) wall or door equipped with clear windows or openings of at least three (3) feet in width and two (2) feet in height located no less than three (3) feet above the floor but no less than two (2) feet below the ceiling for viewing into the entire area and all activity therein.§

(5) The operator shall maintain every portion of the premises where customers are permitted access equipped throughout and illuminated at all times with overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for patrons, employees or city enforcement personnel walking throughout the premises.§

(6) During hours of darkness when a sexually oriented business is in operation, the operator shall maintain all parking and pedestrian areas of the premises equipped and illuminated by overhead lighting fixtures of sufficient illumination to provide reasonably safe lighting conditions for persons or vehicles traveling into, on and out of the property. Said lighting fixtures shall be directed onto the property as much as is possible so as to avoid being directed onto neighboring properties.§

(7) The operator shall not utilize or allow restrooms or employee dressing rooms for sexually oriented business purposes, video equipment or for the offering of any sexually oriented merchandise to customers.§

(8) The operator shall maintain at least one (1) conspicuous sign at each public entrance, in accordance with the city's sign codes, of a size of at least eighteen (18) inches in height and twenty-four (24) inches in width§, easily visible and legible to all persons prior to entry into the establishment, which contains a statement to the effect:

"THIS IS A SEXUALLY ORIENTED BUSINESS ESTABLISHMENT WHICH REGULARLY FEATURES [description of the type of activity or merchandise as permitted herein]. IF NUDITY OR ACTIVITY OF A SEXUAL NATURE OFFENDS YOU, DO NOT COME IN. NO PERSON UNDER 18 YEARS OF AGE ALLOWED ENTRY" [if alcoholic beverages are sold on the premises] — "NO PERSON UNDER 21 YEARS OF AGE ALLOWED ENTRY"

(9) A conditional use permit is required to be approved by the city council prior to opening a business only within M-1 district.

(d) Effective date and grace period. All regulations set forth in this section shall become effective December 31, 2014.

(e) Enforcement and penalties.

(1) City code enforcement personnel may issue citations for violations of this section.

(2) Each day that a violation is permitted or continues to exist shall constitute a separate violation.

(3) When a citation is issued, the person to whom the citation was issued shall within ten (10) days make appropriate arrangements in the city's municipal courts to either plead guilty, plead no contest or request a docket setting.

(4) Any person who is found guilty of a violation under this article shall be fined an amount not to exceed five hundred dollars ($500.00) for each violation.

(f) Definitions. The following terms shall, for the purposes of this section, have the meanings indicated as follows: The following terms are not necessarily mutually exclusive as one (1) sexually oriented business operation may provide more than one (1) form of activity, entertainment or merchandise.

(1) Dance hall means any place open to the general public where dancing is permitted; provided, however, that a restaurant located in the city licensed under the Code of Virginia to serve food and beverages having a dance floor with an area not exceeding ten (10) percent of the total floor area of the establishment shall not be considered a public dance hall.

(2) Sexually oriented business means any premises which the public patronizes or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, directly or indirectly. A sexually oriented business further includes, without being limited to, any adult bookstores, adult motion picture theaters, adult cabarets, adult entertainment studios or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import. No sexually oriented business shall be located within one thousand (1,000) feet of certain places. No person shall operate or cause to be operated a sexually oriented business within one thousand (1,000) feet of a preexisting:

a. Public or private school;

b. Licensed day care;

c. Public park;

d. Religious institution;

e. Boundary of a residential district;

f. Another sexually oriented business.

(3) Adult bookstore means an establishment having more than twenty-five (25) percent of its stock and grade in books, films, videocassettes (whether for viewing off premises or on premises) or magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to sexual activities and/or male or female anatomical areas.

(4) Adult cabaret means a cabaret that features seminude dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

(5) Adult entertainment means any exhibition of any adult-oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance any actual or simulated performance of sexual activities or exhibition and viewing of specific male or female anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling or similar entertainment service offered customers.

(6) Adult motion picture theater means an enclosed building regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or specific male or female anatomical areas for observation by patrons therein.

(7) Night club see "dance hall."

(8) The term "sexually oriented business" shall not be construed to regulate:

a. An otherwise lawfully operating retail business which does not offer or feature sexually explicit merchandise, material or items for sale or rental to customers as "principal business operation" thirty-five (35) percent or less] and does not offer or feature any form of live sexually oriented entertainment;

b. Any clothing business offering wearing apparel for sale to customers but does not exhibit merchandise on live models;

c. A bar, nightclub or lounge or other non-sexually oriented business that occasionally promotes a swimsuit or similar contest in which the contestants do not appear "nude" or in "a state of nudity";

d. Any medical practice operated by or employing licensed psychologists, physicians, psychiatrists, registered nurses, chiropractors, or athletic trainers engaged in practicing the healing arts; or

e. Any educational courses conducted at a proprietary school licensed by the State of Virginia, or conducted by a private college or university which operates educational programs in which credits are transferrable to a junior college, college or university licensed by the State of Virginia; and where in order to participate in a class a student must enroll at least three (3) days in advance of the class and where no more than one (1) nude model appears before the class at any one (1) time.

(9) City enforcement personnel means an authorized representative of any of the following city departments or divisions:

a. City manager's office;

b. Code enforcement department;

c. Health department;

d. Fire department; or

e. Police department.

(10) Customer means any person who:

a. Enters the premises and patronizes a sexually oriented business, whether or not in exchange for the payment of an admission fee or any other form of consideration, gratuity or as a guest of a member; or

b. Purchases, rents, otherwise partakes of any sexually oriented merchandise, goods, entertainment or other services while on the premises;

(11) Employee means any person on the premises of a sexually oriented business who receives any form of compensation, including tips or gratuities, from the operator, manager, customers, other employees or entertainment personnel, and in exchange therefore:

a. Renders any work, service, performance or exhibition whatsoever, directly or indirectly, to or for a customer; or

b. Renders any other support service whatsoever, directly or indirectly, for or on behalf of the furtherance of the business operations; and

c. Shall include but is not necessarily limited to bartenders, cashiers, dancers, disc jockeys, escorts, hosts, hostesses, models, masseurs, out call persons, strippers, models, waiters, waitresses, or other persons working on or about the premises.

(12) Sexually oriented or adult "entertainment" means any variety of live or non-live performances or exhibitions which are distinguished or characterized by an emphasis on matters exhibiting, depicting or engaging in "specified sexual activities" or while exposing "specified anatomical areas", or which provides sexual gratification or sexual stimulation to customers.

(13) Licensed day care means any entity meeting the criteria of a "child day center" or "child day program" as defined in Code of Virginia, § 63.2-100, as amended.

(14) Nude modeling studio means any establishment where an employee or entertainment personnel appears in a "state of nudity", "simulated nudity" or displays "specified anatomical areas", and is also provided or allowed to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted to customers.

(15) Nudity means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state.

(16)

Section 24-37 - Definitions (continued)#

(17) Operated or caused to be operated means to cause to function or to put or keep in operation.

(18) Operator means the person(s) who operates or causes to be operated any form of sexually oriented business which is subject to regulation by section 24-37.

(19) Person means any individual, proprietorship, partnership, corporation, association, or other legal entity.

(20) Public park means any land area dedicated to and/or maintained by the city for traditional park-like recreational purposes, but shall not include privately-owned amusement parks.

(21) Principal business operation — for the purposes of determining whether a business is subject to regulation, shall mean and include any non-live, sexually oriented retail sale or rental business activity as defined herein for which amounts to thirty-five (35) percent or more of the total business operation at a particular location. The thirty-five (35) percent criteria may be determined by percentages of floor space utilized, inventory of items for sale or rental, display areas, presentation time of entertainment or performances, or gross revenue of the business as measured over any continuous ninety (90) day period. However, the thirty-five (35) percent criteria shall not apply to any sexually oriented business featuring or offering any form of live performances, entertainment, modeling or other live activity, as all such activity is subject to regulation as a "sexually oriented business".

(22) Regularly means offering, featuring, promoting or advertising a happening, occurrence or activity on a recurring basis or at fixed intervals, or as a customary and regular aspect of the business.

(23) Rent or subrent means the act of permitting a room or other portion of the premises to be occupied in exchange for any form of consideration.

(24) Residential district means any areas zoned for residential use as defined by the zoning ordinance of the City of Hopewell.

(25) School means and includes any of the following:

a. Public and private, primary and secondary educational facilities providing education up through and including the twelfth (12) grade level; and

(26) Encounter studio means a commercial enterprise that, for any form of consideration or prize, offers physical activities, contact, wrestling or tumbling between male and female persons, or between persons of the same sex, when one (1) or more of the persons is in a "state of nudity" or "simulated nudity" and the activity is intended to provide sexual stimulation or sexual gratification to its customers.

(27) Simulated nudity means a state of dress in which any artificial device of covering is worn on a person and exposed to view so as to simulate an actual "state of nudity".

(28) Specified anatomical areas means the following portions of the human body:

a. Genitals whether or not in a state of sexual arousal;

b. Pubic region or pubic hair;

c. Buttock(s);

d. The portions of the female breast(s) beginning from point immediately above the top of the areola and continuing downward to the lowest portion of the breast(s); or

e. Any combination of the above.

(29) Specified sexual activities means and includes one (1) or more of the following:

a. The fondling, massaging or other erotic touching or stimulation of "specified anatomical areas" or of an erogenous zone;

b. Normal or perverted sexual activity, actual or simulated, including intercourse, oral copulation, or sodomy;

c. Masturbation, actual or simulated; or

d. Excretory functions as part of or in conjunction with any of the activities above.

The requirement for a second reading of this article is hereby dispensed with pursuant to chapter IV, section 8 of the Hopewell City Charter.

(Ord. No. 2013-05, 4-9-13)