6.28.001 Definitions.
The following words and phrases used in this chapter shall have the meanings set forth below unless the context indicates otherwise:
(1) "Adult entertainment" means any exhibition, performance or medium which is distinguished or characterized by:
(a) Acts of masturbation, sexual intercourse or sodomy; or
(b) Fondling or other touching of the human genitals, pubic region, buttocks or female breast; or
(c) Human genitals in a state of sexual stimulation or arousal; or
(d) Displays of less than completely and opaquely covered human genitals, pubic region, anus, buttocks, or female breast below the top of the areola; or
(e) Human male genitals in a discernibly turgid state even if completely covered; or
(f) Any exhibition, performance or dance conducted in a premises where such exhibition, performance or dance is performed within the view of one or more members of the public and is intended or is likely to sexually stimulate any member of the public;
(g) Adult entertainment shall not include the following:
(i) Plays, operas, musicals, or other dramatic works which are not obscene;
(ii) Classes, seminars and lectures which are held for serious scientific or educational purposes;
(iii) Exhibitions or dances which are not obscene.
(h) For this chapter, any exhibition, performance, dance or other medium is obscene:
(i) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(ii) Which explicitly depicts or describes patently offensive representations or descriptions, applying contemporary community standards, of sexual conduct as described in RCW 7.48A.010(2)(b); and
(iii) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value.
(2) "Employee" means any and all persons who work in or at or render any services directly related to the operation of an adult arcade (panoram) premises regardless of whether that person meets the criteria of a statutory employee, common law employee or independent contractor.
(3) "Manager" means any person who managers, directs, administers or is in charge of, the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at the adult arcade (panoram) premises.
(4) "Member of the public" is defined as any customer, patron or person, other than an employee, who is invited or admitted to an adult arcade.
(5) "Panoram premises" or "adult arcade" means any premises on which any panoram device is located and to which members of the public are admitted. The term panoram premises as used in this chapter does not include movie or motion picture theater auditoriums capable of seating more than five people.
(6) "Panoram," "preview," "picture arcade," "adult arcade device," "panoram device," or "peep show" means any device which, for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view or other graphic display of adult entertainment. The terms panoram and panoram device as used in this chapter do not include games which employ pictures, views, or video displays or gambling devices regulated by the state or by SCC 6.36.
(7) "Panoram station" means the portion of any panoram premises on which a panoram device is located and from which the panoram picture, view or graphic display is to be viewed. (Added by Ord. 94-128 § 2, Jan. 5, 1995, Eff date Jan. 16, 1995; Amended by Ord. 96-043 § 2, June 24, 1996, Eff date July 6, 1996).