21.02.014 Adult retail use(s).
“Adult retail use(s)” means a retail establishment which, for money or any other form of consideration, either: (a) has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing or use, off the premises, any adult-oriented merchandise; or (b) provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade, transfer, and/or provides for viewing or use, off the premises, any adult-oriented merchandise. “Adult retail use(s)” includes the businesses or facilities listed in this subsection, which are further defined herein or elsewhere in the Lynnwood Municipal Code. If no definition appears in the Lynnwood Municipal Code, then usual and customary meanings shall apply.
A. Adult-Oriented Merchandise. “Adult-oriented merchandise” means any goods, products, commodities or other wares, including but not limited to videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals or nonclothing novelties, which depict, describe or simulate specified anatomical areas or specified sexual activities.
B. Adult Retail Store. “Adult retail store” means a retail establishment in which:
1. A substantial portion of the “stock in trade” consists of items, products or equipment distinguished or characterized by a predominant emphasis on or simulation of “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or
2. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where products or equipment distinguished or characterized by a predominant emphasis on or simulation of “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;
3. For the purposes of this subsection, “stock in trade” shall mean the greater of:
a. The retail dollar value of all items, products or equipment readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
b. The total volume of shelf space and display area.
C. An adult retail store shall include, but is not limited to, adult bookstores and adult video stores:
1. Adult Bookstore. “Adult bookstore” means a retail establishment in which:
a. A substantial portion of the “stock in trade” consists of books, magazines, posters, pictures, periodicals or other printed material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or
b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where books, magazines, posters, pictures, or other printed material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;
c. For the purposes of this subsection, “stock in trade” shall mean the greater of:
i. The retail dollar value of all books, magazines, posters, pictures, periodicals or other printed material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
ii. The total volume of shelf space and display area.
2. Adult Video Store. “Adult video store” means a retail establishment in which:
a. A substantial portion of the “stock in trade” consists of pre-recorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731; or
b. Any person is excluded by virtue of age from all or part of the premises generally held open to the public where pre-recorded video tapes, discs, or similar material distinguished or characterized by a predominant emphasis on matters depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas,” as defined in LMC 21.02.730 and 21.02.731, are displayed or sold;
c. For the purposes of this subsection, “stock in trade” shall mean the greater of:
i. The retail dollar value of all pre-recorded video tapes, discs or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons; or
ii. The total number of titles of all pre-recorded video tapes, discs or similar material readily available for purchase, rental, viewing or use by patrons of the establishment excluding material located in any storeroom or other portion of the premises not regularly open to patrons. (Ord. 2315 § 1, 2000; Ord. 2020 § 2, 1994; Ord. 1847 § 1, 1991)