§ 14-202.10. Definitions. - North Carolina Statutes

Article26A.

Adult Establishments.

§ 14‑202.10. Definitions.

As used in this Article:

(1)        "Adultbookstore" means a bookstore:

a.         Which receives amajority of its gross income during any calendar month from the sale or rentalof publications (including books, magazines, other periodicals, videotapes,compact discs, other photographic, electronic, magnetic, digital, or otherimaging medium) which are distinguished or characterized by their emphasis onmatter depicting, describing, or relating to specified sexual activities orspecified anatomical areas, as defined in this section; or

b.         Having as apreponderance (either in terms of the weight and importance of the material orin terms of greater volume of materials) of its publications (including books,magazines, other periodicals, videotapes, compact discs, other photographic,electronic, magnetic, digital, or other imaging medium) which are distinguishedor characterized by their emphasis on matter depicting, describing, or relatingto specified sexual activities or specified anatomical areas, as defined inthis section.

(2)        "Adultestablishment" means an adult bookstore, adult motion picture theatre,adult mini motion picture theatre, adult live entertainment business, ormassage business as defined in this section.

(3)        "Adult liveentertainment" means any performance of or involving the actual presenceof real people which exhibits specified sexual activities or specifiedanatomical areas, as defined in this section.

(4)        "Adult liveentertainment business" means any establishment or business wherein adultlive entertainment is shown for observation by patrons.

(5)        "Adult motionpicture theatre" means an enclosed building or premises used forpresenting motion pictures, a preponderance of which are distinguished orcharacterized by an emphasis on matter depicting, describing, or relating tospecified sexual activities or specified anatomical areas, as defined in thissection, for observation by patrons therein. "Adult motion picturetheatre" does not include any adult mini motion picture theatre as definedin this section.

(6)        "Adult minimotion picture theatre" means an enclosed building with viewing boothsdesigned to hold patrons which is used for presenting motion pictures, apreponderance of which are distinguished or characterized by an emphasis onmatter depicting, describing or relating to specified sexual activities orspecified anatomical areas as defined in this section, for observation bypatrons therein.

(7)        "Massage"means the manipulation of body muscle or tissue by rubbing, stroking, kneading,or tapping, by hand or mechanical device.

(8)        "Massagebusiness" means any establishment or business wherein massage ispracticed, including establishments commonly known as health clubs, physicalculture studios, massage studios, or massage parlors.

(9)        "Sexuallyoriented devices" means without limitation any artificial or simulatedspecified anatomical area or other device or paraphernalia that is designedprincipally for specified sexual activities but shall not mean anycontraceptive device.

(10)      "Specifiedanatomical areas" means:

a.         Less than completelyand opaquely covered: (i) human genitals, pubic region, (ii) buttock, or (iii)female breast below a point immediately above the top of the areola; or

b.         Human male genitalsin a discernibly turgid state, even if completely and opaquely covered.

(11)      "Specifiedsexual activities" means:

a.         Human genitals in astate of sexual stimulation or arousal;

b.         Acts of humanmasturbation, sexual intercourse or sodomy; or

c.         Fondling or othererotic touchings of human genitals, pubic regions, buttocks or female breasts. (1977,c. 987, s. 1; 1985, c. 731, s. 1; 1998‑46, s. 4.)