A Sex Establishment can be either a Sex Shop or a Sex Cinema.
Sex Cinema means any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced which:
- Are primarily concerned with the portrayal of, or primarily deal with, or relate to or are intended to stimulate or encourage sexual activity or acts of force or restraint associated with sexual activity.
- Are primarily concerned with the portrayal of, or primarily deal with, or relate to genital organs or urinary or excretory functions.
In layman's terms this means premises used to a significant degree for the exhibition of pornographic films.
A dwelling house to which the public is not admitted is exempt.
Sex Shop means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of:
- selling, hiring or exchanging, lending, displaying or demonstrating sex articles or
- other things intended for use in connection with or for the purpose of stimulating or encouraging sexual activity or acts of force or restraint associated with sexual activity.
In layman's terms this means premises used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating pornographic material. This includes pornographic books, magazines, videos/records and articles designed for use as stimulants in the course of sexual activities.
Sex Article means anything made for use in connection with, or for the purpose of stimulating or encouraging sexual activity or acts of force or restraint which are associated with sexual activity.
Sex article also applies to:
- Any article containing or embodying matter to be read or looked at or anything intended to be used (either alone or as one of a set), for the reproduction or manufacture of any such article.
- Any recording or vision or sound that is concerned primarily with the portrayal of, or is primarily related to or deals with, or is intended to stimulate or encourage sexual activity or acts of force or restraint primarily associated with sexual activity.
- Any recording, vision or sound that is concerned primarily with the portrayal of, is primarily related to or deals with genital organs or urinary or excretory functions.
"Significant Degree" could be based on any one or more of the turnover, profit, stock levels, floor area or display area or any other means of measuring the business in sexual articles.