1. Adult cabaret shall have the meaning as provided at Section 10-131.

2. City Clerk shall mean the City Clerk of the City Clerk Department of the City of Phoenix or the City Clerk’s designee.

3. Direct line of sight means a straight line between the observer and the object being observed unobstructed by any wall, curtain, glass, or partition, or by any physical barrier that materially obstructs a view of the object being observed.

4. Employee shall mean an individual who is hired, engaged or authorized to perform any service on the licensed premises on a full-time, part-time, or contract basis, whether or not the individual is denominated an employee, independent contractor or otherwise. "Employee" includes an individual who is authorized to perform any service on the business premises for no compensation and an individual who is authorized to perform any service on the business premises in exchange for the payment of any form of consideration to the licensee. "Employee" does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the licensee, or an attorney, accountant or other person whose primary function is to provide professional advice and assistance to the licensee.

5. Employ or employment shall mean the act of hiring, or engaging, or authorizing the services of, an employee.

6. Erotic entertainer shall mean any employee who performs either semi-nude or in a state of nudity on the licensed premises, except an employee who:

For purposes of this definition, a patron is considered to be present on a stage if the licensee, or any employee of the licensee, knowingly permits any part of the body of a patron, other than the patron’s hands and arms, to be supported by the surface of the stage.

7. Floor plan means a sketch or diagram drawn to a designated scale on one side of a single page no larger than 8 12 inches by 11 inches or drawn with marked dimensions to an accuracy of plus or minus six inches, that shows the overall configuration of the premises, including a designation of the general patron area, the performance area, and all stages.

8. General patron area means that portion of the licensed premises, excluding lobbies and restrooms, that is available to any member of the general public lawfully on the premises.

9. Knowingly means, with respect to conduct or to a circumstance described by an ordinance defining an offense, that a person is aware or believes that his or her conduct is of that nature or that the circumstance exists. It does not require any knowledge of the unlawfulness of the act or omission.

10. License means a license or interim retail permit issued pursuant to the provisions of Title 4, Arizona Revised Statutes, for a bar license or a beer and wine bar license.

11. Licensee means a person who has been issued a license or an interim retail permit pursuant to the provisions of Title 4, Arizona Revised Statutes.

12. Performance area means that portion of the premises, excluding stages, within which erotic entertainers perform.

13. Person means a partnership, limited liability company, association, company or corporation, as well as a natural person.

14. Physical contact means direct or indirect physical contact that occurs between two individuals, including contact that occurs through clothing or by means of any object.

15. Premises or licensed premises means the area from which the licensee is authorized to sell, dispense or serve spirituous liquors under the provisions of the license.

16. Semi-nude means a state of dress that shows the female breast below a horizontal line across the top of the areola at its highest point, or that shows the male or female buttocks. This definition shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, leotard, bathing suit, or other wearing apparel, provided that the areola is not exposed in whole or in part.

17. Stage means that portion of the licensed premises that has been designated as a stage by the licensee pursuant to the provisions of this article, or that portion of the licensed premises that is principally used for employees to perform either semi-nude or in a state of nudity without the presence of patrons. In either case, a "stage" shall include all stairs or ramps leading thereto.

18. State of nudity means the appearance of the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast, or a state of dress that fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast.

19. Topless bar means any licensee that offers erotic entertainers as entertainment during any part of any two or more days within any continuous thirty calendar day period, or any licensee that has an uncancelled floor plan on file with the City Clerk pursuant to Section 6-27.

1. Use his or her hands, or any other part of his or her body, to make physical contact with the breasts of any female patron.

2. Permit, if the employee is a female person, the employee’s breasts to make physical contact with any patron.

1. Use his or her hands, or any other part of his or her body, to make physical contact with the anus or genitals of any other person.

2. Cause his or her anus or genitals to make physical contact with any other person.

3. Cause, if the employee is a female person, her breasts to make physical contact with the hands, genitals, or any part of the face or head of any patron.

4. Ask or direct a patron or prospective patron to touch his or her own anus or genitals, touch the breasts of any female person, touch the anus or genitals of any other person, or to expose his or her anus or genitals to that employee or to any other person on the premises.

5. Perform an act, or acts, that constitute sexual intercourse, masturbation, sodomy, bestiality, or oral copulation.

6. Display any portion of his or her anus or genitals.

7. Permit a patron to place any money on the person of, or on the costume of, an employee, provided that incidental hand-to-hand contact occurring during the act of tipping shall not be unlawful.