Las Vegas Local Laws/Regulations

Nevada has a law prohibiting sexual orientation discrimination. NRS 610 et seq. (Eff. 10/01/99). 1999 Nevada Assam. Bill No. 311: covers public and private employment and union practices.

6.160.110 Erotic dance establishment regulations.

(a) No person shall advertise, or cause to be advertised, as an erotic dance establishment without a valid erotic dance establishment license issued pursuant to this chapter.

(b) No later than the fifteenth day of the month succeeding the annual license period shall an erotic dance establishment licensee file a verified report with the department showing the amounts paid to dancers for the preceding annual period.

(c) An erotic dance establishment licensee shall maintain and retain for a period of three years the legal names and aliases, addresses, a copy of each dancer’s current and valid work identification card, and the ages of all persons employed as dancers by the licensee.

(d) No nonalcoholic erotic dance establishment licensee shall employ any person under the age of eighteen years, or a person who does not have a valid work identification card. No erotic dance establishment licensed to sell alcoholic beverages shall employ any person under the age of twenty-one years or a person who does not have a valid work identification card.

(e) No person under the age of eighteen years shall be admitted to a nonalcoholic erotic dance establishment. No person under the age of twenty-one years shall be admitted to an erotic dance establishment that is licensed to serve alcoholic beverages.

(f) No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or possession of any intoxicating liquor, or any beverage represented as containing any alcohol, upon the premises of the licensee without a valid liquor license. Erotic dance establishments offering nude entertainment are ineligible to receive a liquor license.

(g) An erotic dance establishment licensee shall conspicuously display all licenses required by this chapter.

(h) An erotic dance establishment licensee shall not knowingly permit, allow or encourage any employee, including but not limited to any dancer, to do any of the following on the licensed premises for the purpose of arousing or gratifying the sexual desires of any person:

(1) Use or permit any part of his or her body, to make contact with the anus, pubic region, genitals, or female breasts of any other person;

(2) Use or permit his or her anus, pubic region, genitals, or female breast(s) to make contact with any other person except that while dancing, dancers in an erotic dance establishment licensed for the sale of alcoholic beverages may allow their clothed anus, pubic region, and genitals to make contact with a patron’s leg(s), excluding the patron’s feet, as long as there is no contact that is otherwise prohibited in this section; and that while dancing in an erotic dance establishment not licensed for the sale of alcoholic beverages, dancers may allow their unclothed anus, pubic region, and genitals to make contact with a patron’s leg(s), excluding the patron’s feet, as long as there is no contact that is otherwise prohibited in this section;

(3) Use or permit his or her buttocks to make contact with the face, hands, anus, genitals or female breasts of any other person; or

(4) Perform any lewd activity or any sexual acts which are prohibited by law.

For the purposes of this section:

"Contact" shall include contact which occurs whether a person is clothed or unclothed or by means of any other object.

"Lewd/lewd activity" is defined as (a) the showing or display of the human male or female genitals, pubic area, or anus with less than a fully opaque covering (applicable only to erotic dance establishments licensed for the sale of alcoholic beverages), or the showing of the covered male genitals in a discernibly turgid state for the purposes of arousing or gratifying the sexual desire of any person; (b) The touching of one’s own or another person’s clothed or unclothed human male and female genitals, pubic area, anus, or female breast(s) for purposes of arousing or gratifying the sexual desire of any person. Exceptions to this subsection (b) are that the clothed (for dancers dancing in an erotic dance establishment licensed for the sale of alcoholic beverages) or unclothed (for dancers dancing in an erotic dance establishment not licensed for the sale of alcoholic beverages) anus, pubic region, and genitals of a dancer may touch the leg(s) of a patron as described in subsection (h)(2) of this section, and a dancer may touch her own clothed or unclothed breasts, for purposes of arousing or gratifying the sexual desire of any person; or (c) Any actual act of sexual intercourse, while clothed or unclothed, that involves but may not be limited to the following types of contact: genital-genital, oral-genital, anal-genital, or oral-anal, with or between persons of the same sex or opposite sex, any actual act of masturbations, or any actual or simulated act of bestiality or sadomasochistic abuse.

(i) All dancing shall take place within an area which is immediately accessible to representatives of the LVMPD and the department without prior approval or restrictions of any type, including but not limited to physical barriers, electronic access, security personnel, or any other type of security measure.

(j) All dancing shall take place within an area which is visible immediately and completely from one or more of the following areas, either by direct observation or by means of electronic monitors that must provide instant, real-time visibility: (i) upon entrance to the establishment’s premises; (ii) from at least one security station that has a fixed location; or (iii) from a service bar area located on the licensed premises. No erotic dancing shall be visible to the outside sidewalk or street areas. The use of electronic monitors to satisfy the requirements of this subsection (j) must be located in one central location.

(k) Patrons may tip dancers provided there is no contact that is otherwise prohibited in this section.

(l) Dancers shall not appear in any public area of the licensed location while topless or in the nude unless dancing; appearing topless or nude shall be limited to dancers employed by the licensed establishment who possess a valid work identification card for erotic dance.

(m) An erotic dance establishment shall not knowingly permit, allow, or encourage any patron to use any part of his or her body, to make contact with the breasts, anus, pubic region or genitals of any employee, including but not limited to any dancer for the purposes of arousing or gratifying the sexual desire of any person. This does not, however, prohibit the contact that is permitted by subsection (h) of this section.

Patrons are also prohibited from allowing or using their hands, face, pubic region, genitals, or anus from making contact with the buttocks of any employee, including but not limited to any cabaret entertainer, for the purposes of arousing or gratifying the sexual desire of any person.

Except in cases of medical or emergency purposes, patrons must remain in a vertical position from the waist up at all times he or she is receiving or viewing a dance or performance by any dancer.

For the purpose of this section:

"Contact" shall include contact which occurs whether a person is clothed or unclothed or by means of any other object.

(n) Dancers shall not mingle with the patrons while in an unclothed or nude state at the licensed establishment.

(o) Any erotic dance establishment which does not have a liquor license issued by the board and which uses the words that imply the availability of alcoholic liquor on the premises, such as "bar," "lounge" or "saloon," in any advertisement or name must state in all such advertisements that alcoholic beverages are not sold or allowed on the premises.

(p) All erotic dance establishments licensed pursuant to this chapter which are not licensed to sell alcoholic beverages pursuant to Chapter 8.20 shall post at each entrance door, and not more than five inches above each entrance doorway if no door is present during hours of operation, and in at least three places behind the bar a sign with letters not less than three inches high stating:

"ALCOHOLIC LIQUOR IS NOT SOLD HERE"

"PROSTITUTION IS UNLAWFUL"

The letters must be black on a yellow background and the sign at each entrance door and behind the bar must be between four and six feet above floor level. Each sign must be located and illuminated sufficient to be visible by a person with normal eyesight or eyesight corrected to 20/20, thirty feet from the sign.

(q) No erotic dance establishment shall employ a security guard or other person described in Section 6.50.060, or allow a security guard or other person described in Section 6.50.060 to work on the premises unless such person has obtained a work identification card pursuant to Section 6.50.060.

For the purposes of this entire Section 6.16.110, "employee," "knowingly," "nude," "patron," and "topless" shall be defined as follows:

"Employee means an individual who is hired, engaged or authorized to perform any service on the licensed premises on a full, part-time, or contract basis, whether or not the individual is designated an employee, independent contractor, agent or otherwise, and whether or not the individual is compensated by the licensee. Employee does not include an individual exclusively on the licensed premises for repair maintenance of the premises or for delivery of good to the licensee, nor an attorney, accountant or other person whose primary function is to provide advice and assistance to the licensee.

"Knowingly" shall mean having an actual knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry. It does not require any knowledge of the unlawfulness of any act or omission.

"Nude" means the showing of the human male or female genitals, pubic area, or anus with less than a fully opaque covering, or the showing of the male genitals in a discernibly turgid state, whether covered or not. For the purposes of this definition, "fully opaque covering" does not include pasties, latex paint, or hair pieces.

"Patron" means any individual, other than an employee, present in or at any licensed premises at any time when such licensed premises are open for business.

"Topless" means the showing of the female breast below a point immediately above the top of the areola with less than fully opaque covering.

Although establishments licensed to sell alcoholic beverages pursuant to Chapter 8.20 that are also property licensed for topless entertainment as an adult entertainment cabaret pursuant to Chapter 6.95 do not have to be licensed under this chapter, such establishments shall, pursuant to Section 6.160.170, be considered as erotic dance establishments for the purposes of complying with these regulations. (Ord. 2828 § 1, 2002; Ord. 2781 § 2, 2002: Ord. 1642 § 8, 1994: Ord. 1570 § 4, 1994: Ord. 1483 § 6, 1993: Ord. 1336 § 3, 1991: Ord. 1140 § 1 (part), 1989)

.09.045 Operating requirements.

The operating requirements for a bathhouse are as follows:

(a) A person designated as the bathhouse manager shall be on the premises at all times of operation and the person so designated must hold a valid unexpired work identification card issued by the LVMPD;

(b) A list of services available and the cost of such services shall be available and visible in an open public place within the premises, and shall be described in readily understandable terms. No owner, manager, employee, or licensee shall permit or offer to perform any service other than those printed, available, and visible;

(c) All employees shall wear nontransparent outer garments. Said garments shall not expose their genitals, pubic area, buttocks, or chest;

(d) Employees shall maintain the work identification card, issued by the LVMPD, clearly visible on their person during business hours;

(e) No person shall enter, or be in any part of a bathhouse while in possession of, or consuming any alcoholic beverage (unless the liquor licensing provisions of Clark County Code Chapter 8.20 have been met and a health permit issued) or drug (except pursuant to a prescription for such drugs). The owner, bathhouse manager or licensee shall not permit any such person to enter or remain upon such premises;

(f) No licensee, owner, principal, manager, or employee shall touch or bath the genitals of a male or female customer or touch or bath the female customer's breast(s) or areolas;

(g) No licensee, owner, manager, principal, or employee shall bath an individual of the opposite gender;

(h) No licensee, owner, principal, manager, or employee, shall permit any customer to bath with another customer of the opposite sex;

(i) No licensee, owner, principal, manager, or employee shall permit any customer to bath or touch the genitals of another customer or touch or bath the female breast(s) or areolas of another customer;

(j) No licensee, owner, principal, manager, or employee shall permit any sexual activity to occur anywhere on the premises of a bathhouse;

(k) No bathhouse shall employ a person who is under the age of eighteen;

(l) No bathhouse shall be equipped with tinted or two-way mirrors in any room or office;

(m) Electrical powered lighting shall be provided in all areas of a bathhouse. Minimum or greater illumination levels as specified by applicable building codes shall be maintained in all areas of the bathhouse at all times the bathhouse is occupied;

(n) Separate dressing rooms for each gender must be available on the premises and must contain individual lockers;

(o) All employees of a bathhouse shall wear an identification nameplate which shall contain a photograph of the employee, the full name, and the work card number assigned to the employee on the front of their outermost garment at all times during the hours of operation;

(p) The bathhouse shall operate in conformance with all federal, state, and local regulations, including zoning, licensing, building, fire, and health district regulations at all times;

(q) The bathhouse shall be immediately accessible to the director or anyone assigned by the director or the LVMPD during all hours of operation;

(r) The use of a maze, catwalk, or pit, or any opening in the walls designed to allow customers, owners, or employees to spy or otherwise watch the activities of another is prohibited;

(s) The rental or provision of sleeping accommodations by or in a bathhouse is prohibited. (Ord. 2501 § 1 (part), 2000)

8.32.060 Definitions.

(A) An "escort" is a person who is held out to the public to be available for hire and who for monetary consideration in the form of a fee, commission, salary, to consort with, or accompanies or who offers, for monetary consideration, to consort, or accompany, another or others to or about social affairs, entertainments or places of amusement or within any place of public resort or within any private quarters.

(1) A "service oriented escort" is an escort which:

(a) Operates from an open office; and

(b) Does not employ or use an escort runner; and

(c) Does not advertise that sexual conduct will be provided to the patron or work for an escort bureau which so advertises; and

(d) Does not offer or provide sexual conduct.

(2) A "sexually oriented escort" is an escort which:

(a) Employs as an employee, agent or independent contractor an escort bureau runner; or

(b) Works for, as an agent, employee, contractor, or is referred to a patron by a sexually oriented escort bureau; or

(c) Advertises, that sexual conduct will be provided, or works for, as an employee, agent or independent contractor or is referred to a patron by an escort bureau which so advertises; or

(d) Solicits, offers to provide or does provide acts of sexual conduct to an escort patron, or accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort bureau; or

(e) Works as an escort without having a current work identification card issued for the referring escort bureau in his or her possession at all times while working as an escort; or

(f) Accepts a fee from a patron who has not first been delivered a contract.

(B) An "escort bureau" is a person, as defined herein, which for a fee, commission, profit, payment or other monetary consideration, furnishes, refers or offers to furnish or refer escorts, or provides or offers to introduce patrons to escorts.

(1) A "service oriented escort bureau" is an escort bureau which:

(a) Maintains an open office at an established place of business; and

(b) Employs or provides only escorts which possess work identification cards; and

(d) Does not advertise that sexual conduct will be provided to a patron.

(2) A "sexually oriented escort bureau" is an escort bureau which:

(a) Operates in any of the manners described in Section 8.32.010(C)(a), (b), (e), (k), (o); or

(b) Does not maintain an open office; or

(d) Advertises, that sexual conduct will be provided, or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron; or

(e) Solicits, offers to provide or does provide acts of sexual conduct to an escort patron; or

(f) Employs, contracts with or provides or refers escorts who do not possess work identification cards as required herein and in Chapter 8.24 of the Clark County Code; or

(g) Does not deliver contracts to every patron or customer; or

(h) Employs, contracts with a sexually oriented escort or refers or provides to a patron, a sexually oriented escort.

(C) "An escort bureau runner" is any third person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for an escort bureau or a patron by contacting or meeting with escort patrons or escort bureaus at any location other than the established open office whether or not said person is employed by such escort bureau or by another business or is self-employed.

(D) An "escort patron" is a customer or any person who contracts with, or employs, or for monetary consideration hires an escort bureau or escort for purposes of hiring an escort.

(E) "Licensing board" is the Clark County liquor and gaming licensing board as defined in Chapter 3.40 of the Clark County Code.

(F) "Person" is any individual, partnership, limited partnership, firm, corporation or association in fact.

(G) An "offer to provide acts of sexual conduct" means to offer, propose or to solicit to provide sexual conduct to a patron. Such definition includes all conversations, advertisements and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.

(H) An "open office" is an office at the licensed escort bureau address from which escort business is transacted; to qualify as an open office it is required that:

(1) The office be open to the public and patrons or prospective patrons from nine a.m. and seven p.m. and that the office be accessible to business invitees, business license officials and law enforcement officers through a security system during all other hours that escorts are working;

(2) The office be managed by the owner or a management employee of the owner having authority to bind the bureau to escort and patron contracts and adjust patron and consumer complaints;

(3) All telephone lines and numbers listed to the escort bureau, or advertised as escort bureau numbers terminate at the open office and at no other location;

(4) An index of all employees and escorts and their work card numbers be kept in the open office;

(5) All business records required to be kept by Section 6.08.090 shall be kept in the open office. "Records of gross sales" which are required to be kept include records of escort calls and referrals, stating the name and address, including hotel or motel room, of the patron, the date and time of referral, name of escort sent and whether or not the referral resulted in an escort service and the total fee received from the patron, if any.

(I) A "licensee" is a person who is the holder of a valid license under this title. Licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensee is prohibited from doing a certain act under this title.

(J) "Sexual conduct" means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

(L) "County" means, unless otherwise indicated, that portion of Clark County outside the incorporated cities and towns, both within and without the unincorporated cities and towns.

(M) "Director" means the director of the department of business license of Clark County.

(N) "Suitable" means a finding by the licensing board that a person qualifies for licensure within this chapter and has not been convicted of a felony within ten years prior to application and does not have associates with such convictions or who are associated with organized crime.

(O) "Police department" means the Las Vegas metropolitan police department.

(P) "Associate" means any person who controls, is controlled by, or is under common control with a licensee, including a person who, whether disclosed or not:

(1) Is a general partner, limited partner, officer, director or employer of the applicant or licensee; or

(2) Directly or indirectly or acting in concert with one or more other persons, or through one or more subsidiaries, owns, controls, holds with power to vote, or holds proxies of the voting interest in the licensee or applicant; or

(3) Controls the election of a majority of the directors of the licensee or general partner of the licensee; or

(4) Has contributed any capital to the licensee or applicant unless the contribution secured by collateral, the value of which is equal to the amount of the contribution, and unless there is a promise to repay the contribution on a strict schedule regardless of the earnings, profits or receipts, and said promise is kept within the limits of commercial banking practices;

(5) Sponsors, procures or pays for advertisements, pays for or is contractually liable for telephone services, or promises or advances, loans or expends any money to pay license fees, office or start-up expenses without collateral and a promise to repay as is required in subdivision (4) of this subsection.

(Q) "Sexual stimulation" means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under "offer to provide acts of sexual conduct" in subsection (g) of this section.

(R) "Sexual gratification" means sexual conduct as defined in subsection (d) of this section.

(S) "Sexually oriented acts" means sexual conduct as defined in subsection (J) of this section. (Reg. G-73-85 § 2, 1985: Reg. G-59-81 § 4, 1981: Reg. G-50-79 § 17 (part), 1979)

8.32.120 Advertising -- Implying services other than service oriented escorts.

(A) Any publication, dissemination or display whether by hire, contract or otherwise by any escort, escort bureau or owner, manager or employee of an escort bureau within the scope of this chapter directly or indirectly in any newspaper, magazine or other publication, by any radio, television, telephone or pictorial display, publication or other advertising media which contains any statement which is known or through the exercise of reasonable care would suggest to a reasonable, prudent person that sexual stimulation or sexual gratification is offered or provided, is prohibited.

(B) Any word, phrase or combination of words used in any advertisement which imply that the escort or escort bureau offers or provides sexually oriented acts or operates in a sexually oriented manner, or which give the public a basis to believe that sexual stimulation or sexual gratification, or any form of sex service is provided, is prohibited within the intent of this section.

(C) It is unlawful to advertise or hold out to the public the availability of an escort or escort bureau without obtaining a license therefor as provided in this chapter, whether the actual business of escorts or escort bureau as defined in this chapter is performed or not.

(D) Any photograph, picture, drawing, sketch, pictorial representation, verbal or written description, used in any escort or escort bureau advertisement, in any of the advertising media showing or depicting an escort, or representation of an escort in an unclothed state, or attired in clothing which shows the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state, is prohibited and shall be presumed to be advertising the availability of sexual stimulation or sexual gratification. (Reg. G-66-83 § 4, 1983: Reg. G-59-81 § 10, 1981)

7.08.020 Definitions.

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter:

(1) "Ancillary employee" means all employees of a licensed massage establishment, massage business, and/or chair massage business, including independent contractors (except massage therapists), who work in the establishment or business but in no way touch the patron.

(2) "Bathhouse" means any place, including a private club or organization, wherein any person engages in, conducts or carries on, or permits to be engaged in, conducted or carried on, the business of giving or furnishing baths of any kind or type whatever, including, but not limited to, Russian, Turkish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation or electric baths. A bathhouse is subject to the provisions of Clark County Code Chapter 6.135 and is not deemed to be a massage establishment or massage business for purposes of this chapter, unless operated in conjunction with a massage establishment or massage business, in which case the establishment or business shall be subject to the provisions of both Clark County Code Chapters 6.135 and 7.08 and be appropriately licensed.

(3) "Chair massage" means a massage administered by a massage therapist to a fully clothed client utilizing a massage chair. A patron or guest at a resort hotel receiving a chair massage in the pool area of the resort hotel shall be considered fully clothed when wearing appropriate public pool attire.

(4) "Chair massage business" is the offering and providing of any chair massage as defined herein. The chair massage must be administered by a massage therapist who holds a valid unexpired work card issued by the Las Vegas metropolitan police department (LVMPD). Any chair massage business that contracts or otherwise affiliates with an independent massage therapist for the purpose of performing chair massage shall be jointly responsible for the conduct and business operations of the independent massage therapist. Any misconduct by the independent massage therapist shall reflect on both the independent massage therapist licensee and the chair massage business licensee's continued ability for licensure. A chair massage business may only post its license at the location wherein the practice of chair massage is actually being performed on a regular and continuing basis. However, licenses may also be issued for and posted at the primary residential address of the chair massage business licensee in accordance with all applicable zoning regulations.

(5) "Department" means the Clark County department of business license.

(6) "Director" means the director of the Clark County department of business license.

(7) "Independent massage therapist" means the practice of massage by a massage therapist as defined in this section who is not an employee of a massage business, chair massage business or massage establishment; who hires no employees; and who must obtain both a business license from the department and a valid work card from the LVMPD. An independent massage therapist license authorizes the licensee to: (a) administer a massage to a client in a massage establishment, massage business, or chair massage business; and (b) administer a massage to a client of the same gender at the client's temporary or permanent residence or at the client's place of business. Any massage business, chair massage business or massage establishment that contracts or otherwise affiliates with an independent massage therapist for the purpose of performing massage shall be jointly responsible for the conduct and business operations of the independent massage therapist. Any misconduct by the independent massage therapist shall reflect on both the independent massage therapist and the massage business, chair massage business, or massage establishment's continued ability for licensure. An independent massage therapist may only post his or her license at the location wherein the practice of massage is actually being performed by the independent massage therapist on a regular and continuing basis. However, a license is also permitted to be posted at the primary residential address of the independent massage therapist in accordance with all applicable zoning regulations.

(8) "Manager in charge" means the individual designated by the massage establishment, massage business, chair massage business, or outcall massage business as being responsible for employee supervision and compliance with this chapter. This individual must be a massage therapist possessing a valid, unexpired work card issued by the LVMPD.

(9) "Massage/massage therapy" means the physical or mechanical manipulation of soft tissue of the body for the purpose of enhancing muscle relaxation, reducing stress, improving circulation, or instilling a greater sense of well-being and may include the use of lubricants. Massage therapy may only be performed by a massage therapist in accordance with this chapter.

(10) "Massage business" means any place wherein massage is an accessory use as defined in Clark County Code Chapter 29.02. Any massage business that contracts or otherwise affiliates with an independent massage therapist for the purpose of performing massage shall be jointly responsible for the conduct and business operations of the independent massage therapist. Any misconduct by the independent massage therapist shall reflect on both the independent massage therapist and the massage business's continued ability for licensure. A massage business may only post its license at the location for which the license was issued and wherein the practice of massage is actually being performed on a regular and continuing basis.

(11) "Massage establishment" means any fixed place of business wherein the practice of massage provides the primary source of income or compensation for the business. Any massage establishment that contracts or otherwise affiliates with an independent massage therapist for the purpose of performing massage is jointly responsible for the activities of the independent massage therapist. Any misconduct by the independent massage therapist shall reflect on both the independent massage therapist and the massage establishment's continued ability for licensure. A massage establishment may only post its license at the location for which the license was issued and wherein the practice of massage is actually being performed on a regular and continuing basis.

(12) "Massage therapist" means any person who complies with the provisions of this chapter and holds a valid work card issued by the LVMPD for massage.

(13) "NCBTMB" means the National Certification Board for Therapeutic Massage and Bodywork which is accredited by the NCCA as a certification board for the massage and bodywork profession.

(14) "NCCA" means the National Commission for Certifying Agencies which is the accrediting body of the National Organization for Competency Assurance.

(15) "Outcall massage" means any massage scheduled and recorded in a register by the massage licensee which is given or provided off the premises of a licensed massage establishment, massage business, or chair massage business by a massage therapist who is employed by or has contracted with the massage establishment, massage business, or chair massage business. Outcall massage only allows for same sex massage, except for chair massage businesses.

(16) "Outcall massage business" is the providing of outcall massage. An outcall massage business license is required for any licensed massage establishment or massage business that offers outcall massage. Any outcall massage establishment, massage business, or chair massage business that contracts with an independent massage therapist for the purpose of performing outcall massage shall be jointly responsible for the conduct and business operations of the independent massage therapist. Any misconduct by the independent massage therapist shall reflect on both the independent massage therapist and the massage establishment/chair massage/massage business's continued ability for licensure.

(17) "Person" includes any association, corporation, firm, partnership, trust or other form of business association as well as a natural person.

(18) "Premises" means the portion of the building in which the licensee is located and over which he/she has control as owner or lessee. For the purposes of a resort hotel, "premises" shall be defined as set forth in Clark County Code Chapter 8.04.

(19) "Principal" means any individual; or, if a corporation, each stockholder owning or controlling ten percent or more of the stock of the corporation and each officer and director; or, if a partnership, each partner; or, if an unincorporated association, each and every member/manager/owner thereof, or any other business entity.

(20) "Resort hotel" shall be defined as set forth in Clark County Code Chapter 8.04. (Ord. 2439 § 2, 2000: Ord. 2090 § 1, 1998: Ord. 2064 § 2 (part), 1998)

7.54.030 Definitions.

As used in these regulations:

"Board" means the board of county commissioners of Clark County, Nevada.

"County" means Clark County, Nevada, outside the incorporated cities and towns, both within and without the unincorporated cities and towns.

"Church or place of religious worship" means a building in which persons regularly assemble for worship, intended primarily for purposes connected with faith, or for propagating a particular form of belief.

"Child care facility" means a building used as a day nursery, children's boarding-home, child-placing agency or other place for the care or custody of children under fifteen years of age, licensed by the county.

"Person" means an individual, partnership, corporation or other entity.

"Prostitution" means engaging in sexual intercourse, oral-genital contact, anal-genital contact or any touching of the sexual organs or female breast of a person for the purpose of arousing or gratifying the sexual desire of either person for monetary consideration, whether by credit, cash or check.

"Public park" means a tract of land maintained by the federal, state or local government for the recreation and enjoyment of the general public.

"Regulations" means this chapter and the laws and rules herein contained, for the location of certain sexually oriented commercial enterprises.

"School" means a building where persons regularly assemble for the purpose of instruction or education together with the playgrounds, dormitories, stadiums and other structures or grounds used in conjunction therewith.

"Sexual gratification" means solicits, offers to provide acts of sexual conduct to a patron of a sexually oriented commercial enterprise, or accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by sexually oriented commercial enterprise.

"Sexually oriented commercial enterprise" means a commercial enterprise whose major business is the offering of a service which is intended to provide sexual stimulation or sexual gratification to the customer (i.e., bathhouse, nude studio, modeling studio, love parlor, talk shop, sexually oriented escort service, or nude shows, or massage parlor or other similar business); or any business who provides its principle business by use of employees or independent contractors who appear in the nude or in such state of undress that "specified anatomical areas" (as defined in Chapter 29.49) are exposed to view of the public or business patrons; or any business that represents or implies to the public that sexual stimulation is provided at the business location.

"State" means the state of Nevada.

In addition to the above definitions, the definitions as adopted by the Clark County commission and liquor and gaming licensing board as codified in this code are adopted, unless the context clearly indicates a different meaning. (Ord. 1614 § 1, 1994: Ord. 1512 § 1 (part), 1993)

6.110.010 Definitions.

(a) "Adult book stores" is defined as an establishment which will or does derive fifty-one percent or more of its gross sales of books, magazines, films, tapes, discs, and other periodicals from the sale of books, magazines, films, tapes and discs, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section thereof devoted exclusively to the sale or display of such material.

(b) "Bookstore" is defined as an establishment having a substantial or significant portion of its stock in trade, books, magazines, films, tapes and discs and other periodicals for sale or an establishment with a segment or section devoted exclusively to the sale or display of such material.

(1) Less than completely and opaquely covered:

(A) Human genitals, pubic region,

(B) Buttock, and

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(d) "Specified sexual activities" is defined as:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Acts of human masturbation, sexual intercourse or sodomy;

(3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (Ord. 760 § 1 (part), 1981)