§ 7-1. Definitions.

Words and phrases used in this chapter shall have the following meanings ascribed to them:

(a)

Adult entertainment shall mean any exhibition, display, or performance, whether presented as live or recorded entertainment, emphasizing or focusing on whole or partial exposure to view of specified anatomical areas or the depiction or simulation of specified sexual activities; provided, this definition shall not be construed to apply to or otherwise allow: 1) any form of activity prohibited or punished by law such as exhibitions, displays, or performances deemed by law to be obscene; and 2) any specified sexual activities presented or simulated as live entertainment; provided, further, this definition shall not be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or other artistic work in any theater, concert hall, museum, school, institution of higher education, or similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise.

(b)

Director shall mean the director of the department of excise and licenses for the City and County of Denver or the director's authorized representative.

(c)

Employee shall mean any employee, worker, entertainer, agent, contractor, licensee, or other individual hired, retained, contracted, or allowed to provide goods, services, or other assistance in the operation of the establishment or business.

(d)

Excise and licenses shall mean the department of excise and licenses for the City and County of Denver.

(e)

Person shall mean the same as defined in section 1-2(12).

(f)

Recorded entertainment shall mean still or motion pictures or other forms of electronic or video transmission or reproduction of visual images, including videotapes and digital video discs, but does not include commercial broadcast television or cable television (except for pay-for-view cable transmissions).

(g)

Specified anatomical areas shall mean any of the following, to the extent not completely and opaquely covered: 1) the female breast below the top of the areola; 2) male or female genitals and surrounding pubic region; 3) the anus or the cleft or cleavage of the buttocks; and 4) the male genitals in a discernibly turgid state even if completely and opaquely covered.

(h)

Specified sexual activities shall mean any of the following: 1) genitals in a state of sexual stimulation or arousal; 2) acts of masturbation, sexual intercourse, or oral or anal sex; or 3) fondling or other erotic touching of genitals, pubic region, buttocks, or female breast.

(Ord. No. 806-98, § 1, 11-16-98)

Cross reference

Definitions and rules of construction generally, § 1-2.