Tennessee § 7-51-1401 - Part definitions.

§ 7-51-1401. Part definitions.

As used in this part, unless the context otherwise requires: “Adult” means a person who has attained eighteen (18) years of age; “Adult cabaret” means a cabaret that features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers; “Adult entertainment” means any exhibition of any adult-oriented motion picture, live performance, display or dance of any type, that has as a significant or substantial portion of such performance, any actual or simulated performance of specified sexual activities, including removal of articles of clothing or appearing unclothed; “Adult-oriented establishment” means any commercial establishment, business or service, or portion thereof, that offers, as its principal or predominant stock or trade, sexually-oriented material, devices, or paraphernalia or specified sexual activities, or any combination or form thereof, whether printed, filmed, recorded or live and that restricts or purports to restrict admission to adults or to any class of adults. “Adult-oriented establishment” includes, but is not limited to: “Adult book stores” means any corporation, partnership or business of any kind that has as its principal or predominant stock or trade, books, magazines or other periodicals and that offers, sells, provides or rents for a fee: Is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors; or Has a substantial portion of its contents devoted to the pictorial depiction of sadism, masochism or bestiality; or Has as its principal theme the depiction of sexual activity by, or lascivious exhibition of, the uncovered genitals, pubic region or buttocks of children who are or appear to be under eighteen (18) years of age; “Adult motion picture theatres” means an enclosed building used for presenting film presentations that are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities for observation by patrons therein; and “Adult shows” or “adult peep shows” means all adult shows, exhibitions, performances or presentations that contain acts or depictions of specified sexual activities; “Bestiality” means sexual activity, actual or simulated, between a human being and an animal; “Family recreation center” means any facility, which is oriented principally toward meeting the athletic or recreational needs of families and whose targeted customer is a minor child, including, but not limited to, the provision of one (1) or more of the following: Ice skating; Roller skating; Skateboarding; Paintball; Mini-golf; Bowling; Go-carts; Climbing facilities; Athletic fields or courts; or Other similar athletic or recreation activities; “Masochism” means sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture or death; “Person” means an individual, partnership, limited partnership, firm, corporation or association; “Sadism” means sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture or death upon another person or animal; “Sexually-oriented material” means any book, article, magazine, publication or written matter of any kind, drawing, etching, painting, photograph, motion picture film or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely covered; and “Specified sexual activities” means activities, services or performances that include the following sexual activities or the exhibition of the following anatomical areas: Human genitals in a state of sexual stimulation or arousal; Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio or any excretory function, or representation thereof; or Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts. Acts 1995, ch. 421, § 2; 2012, ch. 1062, § 1. Compiler's Notes. For the preamble to the act concerning certain regulations on a state-wide basis concerning hours of operation, prohibited acts, and permitting regulations for employees and entertainers of adult-oriented establishments and adult cabarets, please refer to Acts 2012, ch. 1062. Cross-References. Registration of adult-oriented establishments, title 7, ch. 51, part 11. Attorney General Opinions. Authority of state legislature to regulate adult-oriented establishments, OAG 98-096, 1998 Tenn. AG LEXIS 96 (4/29/98).