North Dakota Code § 11-11-62

County restriction of adult establishments - Definitions
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1. As used in this section, unless the context otherwise requires:
a. "Adult bookstore" means a bookstore having as a preponderance of its 
publications, books, magazines, and other periodicals which are distinguished or 
characterized by their emphasis on matter depicting, describing, or relating to 
specified sexual activities or specified anatomical areas as defined in this 
subsection.
b. "Adult establishment" means either an adult bookstore, an adult motion picture 
theater, an adult mini-motion picture theater, or a massage business, all as 
defined in this subsection.
c. "Adult mini-motion picture theater" means an enclosed building with a capacity for 
less than fifty persons used for presenting motion pictures, a preponderance of 
which are distinguished or characterized by an emphasis on matter depicting, 
describing, or relating to specified sexual activities or specified anatomical areas 
as defined in this subsection, for observation by patrons of the theater.
d. "Adult motion picture theater" means an enclosed building with a capacity of fifty 
or more persons used for presenting motion pictures, a preponderance of which 
are distinguished or characterized by an emphasis on matter depicting, 

describing, or relating to specified sexual activities or specified anatomical areas 
as defined in this subsection, for observation by patrons of the theater.
e. "Massage" means the manipulation of body muscle or tissue by rubbing, stroking, 
kneading, or tapping, by hand or mechanical device.
f. "Massage business" means any establishment or business wherein massage is 
practiced, including establishments commonly known as health clubs, physical 
culture studios, massage studios, or massage parlors.
g. "Sexually oriented devices" means without limitation any artificial or simulated 
specified anatomical area or any other device or paraphernalia that is designed in 
whole or in part for specified sexual activities.
h. "Specified anatomical areas" means:
(1) Less than completely and opaquely covered human genitals and pubic 
regions, buttocks, or female breasts below a point immediately above the 
top of the areola.
(2) Human male genitals in a discernibly turgid state, even if completely and 
opaquely covered.
i. "Specified sexual activities" means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, or sodomy; or
(3) Fondling or other erotic touchings of human genitals and pubic regions, 
buttocks, or female breasts.
2. The board of county commissioners of any county may, upon proper resolution, 
provide that:
a. No building, premises, structure, or other facility that contains any adult 
establishment, as defined in subsection 1, shall contain any other kind of adult 
establishment.
b. No building, premises, structure, or other facility in which sexually oriented 
devices, as defined in subsection 1, are sold, distributed, exhibited, or contained 
shall contain any adult establishment, as defined in subsection 1.

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