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1980it ' . ORDINANCE NO. L ~ ~~ AN ORDINANCE TO AMEND ORDINANCE NO. 1946 OF THE CITY OF WEST MEMPHIS REGARDING DEFINITIONS FOR SEXUALLY ORIENTED BUSINESSES AS A LISTED PERMITTED USE IN AN I-2 GENERAL INDUSTRIAL DISTRICT, AND FOR OTHER PURPOSES WHEREAS, by Ordinance No. 1946 the City of West Memphis, Arkansas amended Zoning Ordinance 1218. as Amended. adding seually oriented businesses as a listed permitted use in an I-2 General Industrial District_ and WHEREAS, tecluiical corrections are needed for claritt~ in Section 2, Paragraph 8, Sub-paragraph (e); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: Section I. Section 2, Paragraph 8, Sub-paragraph (e) shall read as follows: 8.(e) E~cretorv functions as part of or in connection with anv of the activities set forth in sub-paragraphs (a), (b), (c) or (d) of this definition. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of anv such conflict. PASSED AND APPROVED THIS ~ g day of ~ANVAR , 2001. ATTEST: ~-- PHILLIP P ,CITY CLERK WILLIAM H. JOHNSO ,MAYOR SPONSORED BY: . ~~E11/E CITY CLERKS OFFICE DATE ~ ' l - ~ I fiROM ~. pq~tr conduct or simulation of Specified Sexual Activities. 4. Adult Material. Any of the following, whether new or used: (a) (1) Books, magazines, periodicals, or other printed matter, or digitally-stored materials; or (2) films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of Specified Anatomical Areas, or the conduct or simulation of Specified Sexual Activities. (b) Instruments, novelties, devices, or paraphernalia that are designed for use in connection with Specified Sexual Activities, or that depict or describe Specified Anatomical Areas. >. Nude or State of Nudity. A state of dress or undress that exposes to view (i) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing v apparel, provided the areolae is not exposed; or (ii) human male genitals in a discernible turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernible turgid state. 6. Semi-Nude. A state of dress or undress in which clothing covers no more than the genitals, pubic revion. and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, ;?lo~~es, and socks. Specified Anatomical Areas. Any of the following; (a) Less than completely and opaquely covered human genitals; pubic revion: buttocks; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse,'shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed. (b) Human male genitals in a discernible turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state. Specified Sexual Activities: Any of the following: (a) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts. (b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy. (c) Masturbation, actual or simulated. (d) Human genitals in a state of sexual stimulation, arousal, or tumescence. (e) Excretory functions as part of or in connection with any of the activities set forth in paragraphs 1,2,3, or 4 of this definition. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. \T 7l4XLlCNU