§ 31A.21. Commercial Escort Services; Definitions.

The following terms and phrases, when used in connection with escorts or escort services shall have the following meanings, except where the context clearly indicates a different meaning:

(1)

"Escort Service", also known as "escort agency", shall mean a person, business, establishment or place, operated for commercial or pecuniary gain, which does any of the following:

(a)

Advertises as an "escort service" or "escort agency" or otherwise offers or advertises that it can furnish escorts, private dancers or private models; or

(b)

Offers or actually provides, arranges, dispatches, or refers workers to act as an escort for a customer.

Exception: It is an affirmative defense that a business is not an escort service if a person seeking to invoke this defense can demonstrate that the business is a bona fide dating or matching service which arranges social matches or dates for two persons who each wishes to meet a compatible companion when neither person solicits, accepts, or receives any financial gain or any monetary tip, consideration, or compensation from any person for the meeting or date.

(2)

"Escort" shall mean any person who, for commercial or pecuniary gain, compensation, or tips, agrees to or offers to go to any place, including but not limited to a business, hotel, motel, residence, room, booth, or conveyance, to do any of the following acts:

(a)

Act as a companion or date for, or converse with, a customer;

(b)

Engage in commercial contact with another person as defined in Sec. 31A.01, including the exemptions in Sec. 31A.17;

(c)

Engage in private modeling or lingerie modeling;

(d)

Provide private adult entertainment;

(e)

Display specified anatomical areas, strip naked or, if a female, go topless; or

(f)

Engage in any specified sexual activity.

(3)

"Private model" shall mean any person who, for commercial or pecuniary gain, offers, suggests or agrees to engage in a private performance, modeling or display of lingerie, bathing suits, undergarments, or specified anatomical areas to a customer.

(4)

"Specified anatomical areas" shall mean:

(a)

Less than completely and opaquely covered:

(1)

Human genitals or pubic region;

(2)

Human buttocks;

(3)

That portion of the human female breast encompassed within an area falling below the horizontal line one would draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola is not so exposed.

(b)

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

(5)

"Specified sexual activity" shall mean:

(a)

Human genitals in a state of sexual stimulation, arousal, or tumescence; or

(b)

Acts of human anilingus, beastiality, buggery, cunnilingus, coprophagy, fellatio, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, or urolagnia; or

(c)

Fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast; or

(d)

Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (c) above.

(Ord. of 6-3-2002, § 2, Doc. #020603701)