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1994-27 <br /> <br />AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988), BY AMENDING SECTIONS 40-22 AND <br />40-43.4 AND TABLES 40-43.1-2 AND 40-43.1-3 THEREOF AND BY <br />ADDING DIVISION 3 TO ARTICLE VIII THEREOF, PERTAINING TO ADULT <br />USES. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virgmnza: <br /> <br /> 1. That Section 40-22 of nhe Code of the City of <br />Portsmouth, Virginia (1988), be amended by adding thereto nhe <br />definitions of "Adult Bookstore," "Adult Entertainment <br />Establishment," "Adult Motion Picture Theatre," "Nightclub," <br />"Specified Sexual Activities" and "Specified Anatomical Areas," <br />to read as follows: <br /> <br />Section 40-22. Definitions. <br /> <br />ADULT BOOK STORE. Any commercial establishment having its stock <br />and trade in books, films, video casseunes, Iwhether for viewing <br />off premises or on premises), or magazines and other periodicals <br />of which more nhan 25% are distinguished or characterized by <br />their ~mphasis on or having as its dominant theme or purpose, <br />matters depicting, describing or relating to specific sexual <br />activities or specified anatomical areas as defined herein. <br /> <br />ADULT ENTERTAINMENT ESTABLISHMENT. Any establishment having <br />a live performance, disulay or dance of any hype, which has as a <br />significant or substantial portion of such activity or, when <br />considered as a whole having as its dominant theme or purpose, <br />any simulated performance of specified sexual activity or the <br />exhibition and viewing of specified anatomical areas, removal of <br />articles of clothing or appearing unclothed, pantomime, modeling <br />or any other personal service for customers. <br /> <br />ADULT MOTION PICTURE THEATRE. An establishment regularly used <br />for presenting material distinguished or characterized by or, <br />when considered as a whole having as its dominant theme or <br />purpose, emphasis on matters depicting, describing or relating <br />to specified sexual activities or specified anatomical areas, as <br />defined herein for observation by a patron therein. <br /> <br />NIGHTCLUB. An establishment which provides entertainment <br />,including but non limited uo live bands, floor shows, <br />comedians, solo artists, and/or a dance floor for panrons), more <br />than uwo times per month, shays open after 11:00 p.m., and has a <br />capacity exceeding one hundred (100) persons. <br /> <br /> <br />