17-5-104. DEFINITIONS.
For the purpose of this Chapter, the following words shall have the following meanings:
(1) “Adult bookstore or adult video store” means a commercial establishment:
a. Which excludes minors from more than 15 percent of the retail floor or shelf space of the premises; or
b. Which, as one of its principal purposes, offers for sale or rental, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter; or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations, the central theme of which depicts or describes “sexually oriented acts” or “specified anatomical areas”; or instruments, devices, or paraphernalia which are designated for use in connection with “sexually oriented acts,” except for legitimate, medically recognized contraceptives.
(2) “Adult business” means an adult motion picture theater, adult bookstore, or adult video store.
(3) “Adult motion picture theater” means a commercial establishment which:
a. Excludes minors from the showing of two consecutive exhibitions (repeated showings of any single presentation shall not be considered a consecutive exhibition); or
b. As its principal business, shows, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are primarily characterized by the depiction or description of “sexually oriented acts” or “specified anatomical areas.”
(4) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which:
a. Holds itself out as such a business; or
b. Excludes minors from the showing of two consecutive exhibitions (repeated performance of the same presentation shall not be considered a consecutive exhibition); or
c. As its principal business, features persons who appear in live performances in a state of seminudity or which are characterized by the exposure of “specified anatomical areas” or by “sexually oriented acts.”
(5) “Associate” means any person who controls, is controlled by, or is under common control with a licensee, including a person who, whether disclosed or not:
a. Is a general partner, limited partner, officer, director or employer of the applicant or licensee; or
b. Directly or indirectly acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies of the voting interest in the licensee or applicant; or
c. Controls the election of a majority of the directors of the licensee or general partner of the licensee; or
d. Has contributed any capital to the licensee or applicant unless the contribution is secured by collateral, the value of which is equal to the amount of the contribution, and unless there is a promise to repay the contribution on a strict schedule regardless of the earnings, profits or receipts, and said promise is kept within the limits of commercial banking practices;
e. Sponsors, procures or pays for advertisements, pays for or is contractually liable for telephone services, or promises or advances, loans or expends any money to pay license fees, office or start-up expenses without collateral and a promise to repay as is required in subsection 5(d) above.
(6) “City” means, unless otherwise indicated, any area incorporated as West Valley City.
(7) “Director” means the Business License Administrator of West Valley City.
(8) “Employ” means hiring an individual to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of employment relationship.
(9) “Employee” means any individual hired or contracted to work for pecuniary or any other form of compensation, whether such person is hired on the payroll of the employer, as an independent contractor, as an agent, or in any other form of legal employment relationship.
(10) “Escort” means any person who, in exchange for any form of pecuniary compensation, contracts with, or offers to enter into a contract with, an escort patron for a date; to socialize with; to consort with; or to visit or accompany to any social affair. A social affair may include, but is not limited to, entertainment, a place of amusement, any place of public or private resort, any business or commercial establishment, or a private quarter or residence. Escort shall not be construed to include persons who provide business or personal services, such as licensed private nurses, aides for the elderly, or handicapped, social secretaries or similar service personnel whose relationship with their patron is characterized by a bona fide contractual relationship having a duration of more than 12 hours and who provide a service not principally characterized as dating or socializing. Escort shall also not be construed to include persons providing services such as singing telegrams, birthday greetings, or similar activities characterized by appearances in a public place, contracted for by a party other than the person for whom the service is being performed and of a duration not longer than one hour.
a. A “service-oriented escort” is an escort which:
i. Operates from an open office; and
ii. Does not employ or use an escort bureau runner; and
iii. Does not advertise that sexual conduct or sexually oriented acts will be provided to an escort patron or work for an escort bureau which so advertises; and
iv. Does not offer to provide acts of sexual conduct.
b. A “sexually oriented escort” is an escort which:
i. Employs an escort bureau runner; or
ii. Works for, as an employee, or is referred to an escort patron by a sexually oriented escort bureau; or
iii. Advertises that sexual conduct will be provided to the patron or work for a service-oriented escort bureau which so advertises; or
iv. Solicits, offers to provide or does provide acts of sexual conduct to an escort patron, or accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the service-oriented escort bureau; or
v. Works as a service-oriented escort without having a current police I.D. card issued for the referring service-oriented escort bureau in his or her possession at all times while working as a service-oriented escort; or
vi. Accepts a fee from an escort patron who has not first been delivered a contract.
(11) “Escort bureau” means a person, as defined herein, which for a fee, commission, profit, payment or other monetary consideration, furnishes, refers or offers to furnish or refer escorts, or provides or offers to introduce escort patrons to escorts.
a. A “service-oriented escort bureau” is an escort bureau which:
i. Maintains an open office at an established place of business; and
ii. Employs or provides only escorts which possess police I.D. cards; and
iii. Does not use an escort bureau runner; and
iv. Does not advertise that sexually oriented acts will be provided to an escort patron; and
v. Does not employ or refer a sexually oriented escort to escort patrons; and
vi. Operates in conformance with Section 17-5-123(1).
b. A “sexually oriented escort bureau” is an escort bureau which:
i. Does not maintain an open office at an established place of business; or
ii. Does not employ or provide escorts which possess police I.D. cards; or
iii. Employs or uses an escort bureau runner; or
iv. Advertises that sexually oriented acts will be provided, referred, or introduced to an escort patron; or
v. Solicits, offers to provide or does provide sexually oriented acts to an escort patron; or
vi. Does not deliver contracts to every patron or customer; or
vii. Employs or refers a sexually oriented escort; or
viii. Operates in violation of Section 17-5-123(1).
(12) “Escort bureau runner” means any third person, not an escort, who, for pecuniary compensation, acts in the capacity of an agent or broker for an escort bureau, escort, or escort patron by contacting or meeting with escort bureaus, escorts, or escort patrons at any location within the City, whether or not such third person is employed by such escort bureau, escort, escort patron, or by another business, or is an independent contractor or self-employed.
(13) “Escort patron” means any person who, in exchange for any form of pecuniary compensation, contracts with, or offers to enter into a contract with, a service-oriented escort bureau or service-oriented escort for a date; to socialize with; to consort with; or to visit or accompany to any social affair. A social affair may include, but is not limited to, entertainment, a place of amusement, any place of public or private resort, any business or commercial establishment, or a private quarter or residence.
(14) “Licensee” means a person who is the holder of a valid sexually oriented business license under this Title. Licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensee is prohibited from doing a certain act under this Title.
(15) “Nudity” means a state of dress in which the areola of the female breast, or male or female genitals, pubic region, or anus are covered by less than the covering required in the definition of “seminude.”
(16) “Offer to provide acts of sexual conduct” means to offer, propose or to solicit to provide sexually oriented acts to a patron. Such definition includes all conversations, advertisements and acts which would lead a reasonably prudent person to conclude that such acts are offered and would be provided.
(17) “Open office” means an office at a licensed service-oriented escort bureau or outcall service address from which service-oriented escort bureau or outcall service business is transacted and which complies with the following requirements:
a. The office shall be open to the public and patrons or prospective patrons during daily hours of operation and that the office be accessible to business invitees, business license officials and law enforcement officers during all other hours that any and all employees are working;
b. The office shall be managed by the owner or a management employee of the owner having authority to bind the outcall or service-oriented escort service to contracts with patrons and adjust patron and consumer complaints;
c. All telephone lines and numbers shall be listed to the outcall or service-oriented escort service, or advertised as outcall or service-oriented escort service numbers, which terminate at the open office and at no other location;
d. An index of any and all employees and service-oriented escorts and their work card numbers shall be kept in the open office;
e. All contracts and records of gross sales required to be kept by this Title shall be kept and maintained in the open office. “Records of gross sales” must include any and all records of calls from patrons offering to enter into a contract or referrals to the service-oriented escort bureau or outcall service of potential patrons. Records of referrals or calls from patrons offering to enter into a contract must state: (i) the patron’s address, including hotel or motel room; (ii) the date and time of the referral, if one exists; (iii) the name of the service-oriented escort sent and whether or not the referral resulted in an actual contracted service and the total fee received from the patron, if any.
(18) “Operator” means the manager or other natural person principally in charge of a sexually oriented business.
(19) “Outcall services” means any services, excluding escort services, of a type performed by a sexually oriented business employee outside of the premises of the licensed sexually oriented business. Outcall services may include, but are not limited to, models, dancers and other similar employees.
(20) “Patron” means an escort patron or the customer of any business licensed pursuant to this Chapter.
(21) “Pecuniary compensation” means any commission, fee, salary, tip, gratuity, hire, profit, reward, or any other form of consideration.
(22) “Person” means any person, unincorporated association, corporation, partnership, or other legal entity.
(23) “Seminude” means a state of dress in which opaque clothing covers no more than the areola of the female breast; and the male or female genitals, pubic region, and anus shall be fully covered by an opaque covering no narrower than four inches wide in the front and five inches wide in the back, which shall not taper to less than one inch wide at the narrowest point.
(24) “Seminude dancing agency” means any person, agency, firm, corporation, partnership, or any other entity or individual which furnishes, books, or otherwise engages or offers to furnish, book, or otherwise engage the service of a professional dancer licensed pursuant to this Chapter for performance or appearance at a business licensed for adult theaters.
(25) “Seminude entertainment business” means a business, including adult theater, where employees perform or appear in the presence of patrons of the business in a state of seminudity. A business shall also be presumed to be a seminude entertainment business if the business holds itself out as such a business.
(26) “Sexual conduct” means the engaging in sexually oriented acts, as defined in this Title, which includes, but is not limited to, an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.
(27) “Sexual gratification” means sexual conduct as defined in subsection (26) above.
(28) ”Sexually oriented acts” means:
a. Acts of:
i. Masturbation,
ii. Human sexual intercourse,
iii. Sexual copulation between a person and a beast,
iv. Fellatio,
v. Cunnilingus,
vi. Bestiality,
vii. Pederasty,
viii. Buggery, or
ix. Any anal copulation between a human male and another human male, human female, or beast;
b. Manipulating, caressing or fondling by any person of:
i. The genitals of a human,
ii. The pubic area of a human,
iii. The breast or breasts of a human female;
c. Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
(29) “Sexually oriented business” means any of the following categories as defined by this Title:
a. Outcall services;
b. Adult businesses;
c. Seminude entertainment businesses;
d. Seminude dancing agencies; and
e. Service-oriented escort bureaus.
(30) “Sexually oriented business employees” means those employees who work on the premises of a sexually oriented business in activities related to the sexually oriented portion of the business. This includes all managing employees, dancers, escorts, models, and other similar employees, whether or not hired as employees, agents, or as independent contractors. Employees shall not include individuals whose work is unrelated to the sexually oriented portion of the business, such as janitors, bookkeepers, and similar employees. Sexually oriented business employees shall not include cooks, serving persons, and similar employees, except where they may be managers or supervisors of the business. All persons making outcall meetings under this Chapter, including escorts, models, guards, escort runners, drivers, chauffeurs, and other similar employees, shall be considered sexually oriented business employees.
(31) “Sexual stimulation” means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under “offer to provide acts of sexual conduct” in subsection (16) above.
(32) “Specified anatomical areas” means the human male or female pubic area or anus with less than a full opaque covering, or the human female breast below a point immediately above the top of the areola, with less than full opaque covering.
(33) “Suitable” means a finding by the Licensing Board that a person qualifies for licensure within this Chapter, complies with all conditions required for the issuance of any particular category of sexually oriented business license, and is not, or does not have associates who are, associated with organized crime.