§ 18-78. Definitions.

As used in this article, the following words or phrases shall have the following meanings:

"Adult bookstore" is a bookstore having as a preponderance of its publications, books, magazines, periodicals, videotapes, and other media which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

"Adult entertainment" means the permitting, performing, or engaging in live acts:

a.

Of touching, caressing, or fondling of the breasts, buttocks, anus, vulva, or genitals;

b.

Of displaying of any portion of the areola of the female breast or any portion of his or her pubic hair, cleft of the buttocks, anus, vulva, or genitals;

c.

Of displaying of pubic hair, anus, vulva, or genitals; or

d.

Which simulate sexual intercourse (homosexual or heterosexual), masturbation, sodomy, bestiality, oral copulation, or flagellation.

"Adult entertainment establishment" means the premises of any facility upon which an adult entertainment business or adult bookstore operates or upon which such defined activities occur. The definition of an adult entertainment establishment shall not apply to nor prohibit the live performance of legitimate plays, operas, ballets, or concerts at a concert house, museum, or educational institution or facility holding an alcoholic beverage license, which derives less than 20 percent of its gross receipts from the sale of alcoholic beverages.

"Board of commissioners" and "board" means the Board of Commissioners of Fulton County, Georgia or its designee(s).

"Church" means a temple, building, or other house of religious worship consecrated to the honor of God or other supreme being and religion; or an assembly of persons united by the profession of the same religious faith, meeting together routinely for religious worship. This shall include, on the same lot, accessory structures and uses such as a minister's or caretaker's residence.

"County" means Fulton County, Georgia.

"Department of finance" means the department of finance of Fulton County, Georgia.

"Director of finance" means the director of the department of finance or designee.

"Good moral character", with respect to a person, is defined as the lack of a conviction of, or plead of guilty or nolo contendere to, a drug or alcohol related felony or sex-related crime in the past five years and the lack of an outstanding arrest for a drug or alcohol-related felony or sex-related crime.

"Employee", for the purposes of this article, an employee is a compensated worker in an adult entertainment establishment, regardless of the method of compensation. Independent contractors shall be considered employees and shall be required to have permits as employees, regardless of the business relationship with the owner or licensee of any adult entertainment establishment.

"Minor" means any person who has not attained the age of 18 years.

"Preponderance" is defined as the state of being greater than, and not equal to, 50 percent.

"Specified anatomical areas" shall include less than completely and opaquely covered human genitals, pubic regions, buttocks, or female breasts below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

"Specified sexual activities" shall include any of the following: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse (homosexual or heterosexual) or sodomy; fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.

(Res. No. 06-0470, Exh. A, 5-3-06)