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• <br /> rents adult material, unless the adult material is accessible <br /> only by employees and either the gross income from the sale or <br /> rental of adult material comprises less than ten percent ( 10%) of <br /> the gross income from the sale or rental of goods or services at <br /> the establishment or the individual items of adult material <br /> offered for sale or rental comprises less than twenty-five <br /> percent (25% ) of the individual items publicly displayed at the <br /> establishment as stock in trade. It is an affirmative defense to <br /> an alleged violation of this Ordinance regarding operating an <br /> adult bookstore without an adult entertainment license if the <br /> alleged violator shows that the adult material is accessible only <br /> by employees and either the gross income from the sale or rental <br /> of adult material comprises less than ten percent ( 10%) of the <br /> gross income from the sale or rental of goods or services at the <br /> establishment, or the individual items or adult material offered <br /> for sale or rental comprise less than twenty-five percent (25%) <br /> of the individual items publicly displayed at the establishment <br /> as stock in trade. <br /> (b) "Adult Booth" means a small enclosure inside an adult <br /> entertainment establishment accessible to any person, regardless <br /> of whether a fee is charged for access. The term "adult booth" <br /> includes, but is not limited to, a "peep show" booth, or other <br /> booth used to view "adult material" . The term "adult booth" does <br /> not include a foyer through which any person can enter or exit <br /> the establishment, or a restroom. <br /> (c ) "Adult Dancing Establishment" means an establishment <br /> where employees display or expose specified anatomical areas to <br /> others, regardless of whether the employees actually engage in <br /> dancing. <br /> (d) "Adult Entertainment Establishment" means an adult <br /> theater, an adult bookstore, or an adult dancing establishment <br /> operated for commercial or pecuniary gain. ( "Operated for <br /> commercial or pecuniary gain" shall not depend upon actual profit <br /> or loss. Also, "operated for commercial or pecuniary gain" shall <br /> be presumed where the establishment has an occupational license. ) <br /> As establishment with an adult entertainement license is presumed <br /> to be an adult entertainment establishment. <br /> (e) "Adult Material" means any one or more of the following, <br /> regardless of whether it is new or used: <br /> ( 1) Books, magazines, periodicals or other printed <br /> matter, or photographs, films, motion pictures, video cassettes, <br /> slides, or other visual representations, or recordings, or other <br /> audio matter, which have as their primary or dominant theme <br /> matter depicting, illustrating, describing or relating to <br /> specified sexual activities or specified anatomical areas; or <br /> (2 ) Instruments, novelties, devices or paraphernalia <br /> which are designed for use in connection with specified sexual <br /> activities. <br /> (f) "Adult Motel" means any motel, hotel, boarding house, <br /> rooming house or other place of temporary lodging which includes <br /> the word "adult" in any name it uses or otherwise advertises the <br /> presentation of films, motion pictures, video cassettes, slides <br /> or other photographic reproductions, which have as their primary <br /> or dominant theme matters depicting, illustrating or relating to <br /> specified sexual activities or specified anatomical areas. The <br /> term "adult motel" is included within the definition of "adult <br /> theater" . <br /> (g) "Adult Theater" means an establishment which, except as <br /> set forth in the final sentence ofthis paragraph, consists of an <br /> enclosed building, or a portion or part of any enclosed building; <br /> or any open-air area used for viewing by persons of films, motion <br /> pictures, video cassettes, slides, or other photographic <br /> reproductions which have as their primary or dominant theme <br /> matters dipicting, illustration or relating to specified sexual <br /> -4- o.R. 2005PAGE19 5 <br />