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For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:

A. “Adult cabaret” is a commercial establishment which presents go-go dancers, strippers, male or female impersonators, or other similar entertainers and in which patrons are exposed to “specified sexual activities” or “specified anatomical areas.”

B. “Adult drive-in theater” is a drive-in theater used for presenting motion picture films, videocassettes, television, or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”

C. “Adult entertainer” means any person who provides live adult entertainment at an adult cabaret, whether or not a fee is charged or accepted for such entertainment. References to “entertainer(s)” shall be references to “adult entertainer(s).”

D. “Adult motion picture theater” is an enclosed building used for presenting for commercial purposes motion picture films, videocassettes, cable television or any other such visual media, distinguished or characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.

E. “Applicant” means the individual or entity seeking a license to operate either an adult motion picture theater, adult drive-in theater or adult cabaret in the City of Snohomish. Upon issuance of a license, the applicant may be referred to as the “licensee.”

F. “Applicant control person” means: all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the business, based on responsibility for the management of the business.

G. “Beginning work” shall mean engaged in activities for a business required to be licensed by this chapter, whether the relationship is deemed between employer and employee or owner and independent contractor.

H. “Clerk” shall mean the City Clerk or Deputy City Clerk as appointed pursuant to the provisions of Chapter 2.28 Snohomish Municipal Code.

I. “Employee or independent contractor” means any and all persons, including managers, and entertainers who work in or at or render any services directly related to the operation of an adult motion picture theater, adult drive-in theater or adult cabaret.

J. “Hearing Examiner” shall mean the Hearing Examiner as appointed pursuant to the provisions of Chapter 2.33 of the Snohomish Municipal Code.

K. “Live adult entertainment” means entertainment presented by go-go dancers, strippers, male or female impersonators, or other similar entertainers and in which patrons are exposed to “specified sexual activities” or “specified anatomical areas.”

L. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity at an adult motion picture theater, adult drive-in theater or adult cabaret. An “assistant manager” shall be that person who, in the absence of the manager or jointly with the manager, shall undertake the duties of the manager as defined by this section.

M. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture or other entity or group of persons, however organized.

N. “Projectionist” means that person operating any projector, videocassette recorder, television or video display terminal for commercial purposes, but not in an adult panoram establishment as covered by Chapter 5.62 Snohomish Municipal Code where the visual media is distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”

O. “Security personnel” means those persons at an adult motion picture theater, adult drive-in theater or adult cabaret and who are either responsible for admissions to the adult motion picture theater, adult drive-in theater or adult cabaret or who act to preserve the peace in the facility through control of the patrons or employees or independent contractors in the facility.

P. “Specified anatomical areas” means:

1. Less than completely and/or opaquely covered human genitals, pubic region, buttock, or female breast below a point immediately above the top of the areola;

2. Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

Q. “Specified sexual activities” means:

1. Acts of human masturbation, sexual intercourse or sodomy;

2. Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast;

3. Human genitals in a state of sexual stimulation or arousal.

R. “Usher” means those persons in an adult motion picture theater or adult drive-in theater who direct or assist patrons in finding their seating or locations from which the visual media may be observed.

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