For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions are adopted:
A. “Adult panoram establishment” or “adult panoram” means a business in a building or a portion of a building which contains device(s) which for payment of a fee, membership fee or other charge, is used to exhibit or display a picture, view, or other graphic display distinguished or characterized by emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas.”
B. “Applicant” means the individual or entity seeking a license to operate an adult panoram establishment. Upon issuance of a license, the applicant may be referred to as the “licensee.”
C. “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.
D. “Clerk” shall mean the City Clerk or Deputy City Clerk as appointed pursuant to the provisions of Chapter 2.28 Snohomish Municipal Code.
E. “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 panoram.
F. “Hearing Examiner” shall mean the Hearing Examiner as appointed pursuant to the provisions of Chapter 2.33 of the Snohomish Municipal Code.
G. “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 panoram. An “assistant manager” shall be that person who, in the absence of the manager, shall undertake the duties of the manager as defined by this section.
H. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture or other entity or group of persons, however organized.
I. “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.
J. “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.