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<br />-3- <br /> <br />(10) Escort aqency means a person or business <br />association who furnishes, offers to furnish, or advertises <br />to furnish escorts as one of its primary business purposes, <br />for a fee, tip, or other consideration. <br /> <br />(11) Establishment means and includes <br />following: <br /> <br />any <br /> <br />of <br /> <br />the <br /> <br />(A) the opening or commencement <br />sexually oriented business as a new business; <br /> <br />of <br /> <br />any <br /> <br />(B) the conversion of an existing business, <br />whether or not a sexually oriented business, to any sexually <br />oriented business; <br /> <br />(C) the addition of any sexually oriented <br />business to any other existing sexually oriented business; or <br /> <br />business. <br /> <br />(D) <br /> <br />the relocation of any sexually oriented <br /> <br />(12) Licensee means a person in whose name a <br />license to operate a sexually oriented business has been <br />issued, as well as the individual listed as an applicant on <br />the application for a license. <br /> <br />(13) Nude model studio means any place where a <br />person who appears in a state of nudity or displays <br />"specified anatomical areas" is provided to be observed, <br />sketched, drawn, painted, sculptured, photographed, or <br />similarly depicted by other persons who pay money or any form <br />of consideration. <br /> <br />(14) Nudity or a state of nudity means: <br /> <br />(A) the appearance of a human bare buttock, <br />anus, male genitals, female genitals, female breasts; or <br /> <br />(B) a state of dress which fails to opaquely <br />cover a human buttock, anus, male genitals, female genitals, <br />or areola of the female breast. <br /> <br />(15) Person means an individual, proprietorship, <br />partnership, corporation, association, or any other legal <br />entity. <br /> <br />(16) Residential district means a single family, <br />duplex, townhouse, multi-family or mobile home zoning <br />district as defined in the San Marcos General Zoning <br />Ordinance. <br /> <br />(17) Residential <br />residence as defined in <br />Ordinance. <br /> <br />use means use of a structure as a <br />the San Marcos General Zoning <br /> <br />(18) Sexual encounter center includes but is not <br />limited to massage parlor and hot tub establishment, and <br />means a business or commercial enterprise that, as one of its <br />primary business purposes, offers for any form of <br />consideration: <br /> <br />(A) physical contact in the form of wrestling <br />or tumbling between persons of the opposite sex; or <br /> <br />(B) activities between male and female <br />persons and/or persons of the same sex when one or more of <br />the persons is in a state of nudity or is semi-nude unless <br />the business or commercial enterprise is operated by or <br />employs a licensed physical therapist whose activities fall <br />under the control of the Texas Board of Physical Therapy <br />Examiners or a licensee of another state Agency performing <br />health care services within the scope of the applicable <br />