§ 24-2. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Terms used in this chapter that are defined in section 17A.2 of appendix A of this Code shall have the meaning as specified in such section for the purposes of interpreting and enforcing this chapter.

Operator means any person who engages in the practice of or performs a nontherapeutic massage.

Person means any individual, agent, partnership, corporation, limited liability company, joint venture or any other form of business association or business entity.

Seminudity and a state of seminudity mean the showing of the female breast below a horizontal line across the top of the areola at its highest point, or the showing of the male or female buttocks. Seminudity includes showing the entire lower portion of the female breast, but shall not include merely showing any portion of the cleavage of the female breast, as exhibited by the wearing of a bathing suit, blouse, dress, leotard, skirt or other apparel, provided the areola is not exposed in whole or in part.

Specified criminal activity means an offense involving any of the following activities for the specified time periods:

(1)

Dissemination of obscenity; sale, distribution or display of sexually explicit or otherwise harmful material to a minor; possession or distribution of child pornography; sexual performance by a child; child molestation; indecency with a child; indecent exposure; public lewdness; prostitution or assignation (accosting, promoting or soliciting for purposes of prostitution); sexual assault; engaging in organized criminal activity; gambling; distribution of a controlled substance; or any offense under the criminal or penal code of any other state or county similar to those set forth in this subsection.

(2)

Specified time periods are as follows:

a.

Less than two years have passed since the date of the conviction or the date of release from confinement, whichever is later, if the conviction is for a single misdemeanor offense;

b.

Less than five years have passed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is later, if the convictions are for two or more misdemeanor offenses, or any combination of misdemeanor offenses, occurring within a 24-month period; or

c.

Less than five years have passed since the date of conviction or the date of release from confinement, whichever is later, if the conviction is for a felony offense.

(3)

A pending appeal of a conviction shall have no effect on this definition.

(Ord. No. 385, § 1(3.5-2), 11-19-1998)

Cross reference

Definitions generally, § 1-2.