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<br />It¡ß <br /> <br /> <br />-3- <br /> <br />(d) the activities of a state-licensed physical therapist, nurse or <br />other health care professional. <br /> <br />(13) Sexual activities means: <br /> <br />(a) The erotic touching of human genitals, pubic region, buttocks, <br />¡ anus, or female breasts; <br />I <br /> <br /> <br />(b) Sexual acts, actual or simulated, including intercourse, oral <br />copulation, or sodomy; or <br /> <br />(c) Masturbation, actual or simulated. <br /> <br />(14)' Sexual nudity means the erotic display of a bare human buttock, <br />pubic region, genitals, anus, or female breast. <br /> <br />(15) Sexually oriented business means an adult arcade, adult book store, <br />adult video store, adult cabaret, adult motel, adult theater, escort <br />agency, nude model studio or sexual encounter center, 'or any <br />combination of such enterprises, when either tlÎe primary business, <br />or a major business, of the enterprise is the offering of a service or <br />selling, renting, or exhibiting of devices or any other items intended to <br />provide sexual stimulation or sexual gratification to the customer. In <br />determining the primary business, or a major business, of an <br />enterprise, the following factors will be considered: <br /> <br />(a) The portion of the floor area of the enterprise devoted to <br />l services, devices, or items described above. <br />! <br />I <br />¡ <br />. (b) The portion of merchandise display areas of the enterprise <br />devoted to services, devices, or items described above. <br /> <br />(c) The portion of the advertising or signage of the enterprise <br />devoted to services, devices, or items described above. <br /> <br />(d) The portion of the gross or net revenues of the enterprise <br />derived from services, devices, or items described above. <br /> <br />(e) The portion of the locai employees of an enterprise who <br />perform a service described above. <br /> <br />If one or more of the factors is 50% or more for an enterprise, the test <br />for primary business of an enterprise is met. If one or more of the <br />factors is between 20% and 50% for an enterprise, the test for a major <br />business of an enterprise is met. <br /> <br />SECTION 3. That Section 37-3 ofthe San Marcos Code of Ordinances is deleted. <br />! <br />I <br />, SECTION 4. That subdivision 37-5(a)(9) and subsection 37-5(d) of the San Marcos <br />Code of Ordinances are deleted. <br /> <br />SECTION 5. That Section 37-6 of the San Marcos Code of Ordinances is <br />amended to read as follows: <br /> <br />Sec. 37-6. Fees. <br /> <br />The annual fee for a sexually oriented business license is $300. <br />