Amend Chapter 4, Article 4, Section 18.5 Regarding Adult Business

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communicable and social diseases. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. That Chapter Four, Article Four, shall be amended as follows: Sec. 4-18.5. Adult businesses. (a) Definitions. For purposes of this section, the following terms and phrases shall have the indicated meanings: (1) Adult business shall have the meaning set forth at subsection 21-1(a}. (2) Adult mini motion picture theater shall have the meaning set forth at subsection 21-1(a). (3) Adult motion picture theater shall have the meaning set forth at subsection 21-1(a). (4) Controller shall mean the City Controller and such employee(s) of the City as he may designate to perform the duties of the Controller under this section. Employee shall mean a person who works or performs in and/or for a sexually oriented business regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business. f531~ Licensee means a person in whose name a license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a license. {fr}y Person means an individual, proprietorship, partnership, corporation, association, or other legal entity. (~j~ Specified anatomical areas shall have the meaning set forth at subsection 21-1(a). {8j~ Specified sexual activities shall have the meaning set forth at subsection 21-1(a). f9j 10 Transfer of ownership or control of an adult business means and includes the sale, lease, or sublease of the business. (~6jj~Viewing booth shall mean an enclosure of less than one hundred (100) square feet of floor space, offering a multiple selection of videos, films, or other video reproductions which depict specified sexual activities or specified anatomical areas, but not including an adult motion picture theater or adult mini motion picture theater. 3