A. “Adult entertainment” means:
1. Any exhibition, performance or dance of any type conducted in a premises where such exhibition, performance or dance involves a person who is unclothed or in such costume, attire or clothing as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or wearing any device or covering exposed to view which simulates the appearance of any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Any exhibition, performance or dance of any type conducted in a premise where such exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following specified sexual activities:
a. Human genitals in a state of sexual stimulation or arousal,
b. Acts of human masturbation, sexual intercourse or sodomy, or
c. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breast; or
3. Any exhibition, performance or dance which is intended to sexually stimulate any member of the public and which includes, but is not limited to, any such exhibition, performance or dance performed for, arranged with or engaged in with fewer than all members of the public on the premises at that time, with separate consideration paid, either directly or indirectly, for such performance, exhibition or dance and which is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing or straddle dancing.
B. “Applicant” means the individual or entity seeking a live adult entertainment license in the city of Cle Elum.
C. “Applicant control persons” means all partners, corporate officers and directors and any other individuals in the applicant’s business organization who hold a significant interest in the live adult entertainment business, based on responsibility for management of the live adult entertainment business.
D. “Clerk” means such the city of Cle Elum or city employees or agents as the city administrator shall designate to administer this chapter or any designee thereof.
E. “Employee” means any and all persons, including managers, entertainers and independent contractors who work in or at or render any services directly to the operation of any live adult entertainment establishment.
F. “Entertainer” means any person who provides adult entertainment within a live adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment.
G. “Liquor” means all beverages defined in RCW 66.04.200.
H. “Live adult entertainment establishment” means any commercial premises to which any member of the public is invited or admitted and where an entertainer provides adult entertainment to any member of the public.
I. “Manager” means any person who manages, directs, administers or is in charge of the affairs and/or conduct of any portion of any activity involving adult entertainment occurring at a live adult entertainment establishment, and includes assistant managers working with or under the direction of a manager to carry out such purposes.
J. “Member of the public” means a customer, patron, club member or person other than an employee, who is invited or admitted to a live adult entertainment establishment.
K. “Nude or seminude” means a state of complete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or human genitals in a discernibly turgid state, even if completely and opaquely covered.
L. “Operator” means a person operating, conducting or maintaining a live adult entertainment establishment.
M. “Person” means any individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity or other entity or group of persons, however, organized.
N. “Sexual conduct” means act of:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
2. Any penetration of the vagina or anus, however slight, by an object; or
3. Any contact between persons involving the sex organs of one person and the mouth or anus of another; or
4. Masturbation, manual or instrumental, of oneself or of one person by another; or
5. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another.