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) <br />§ 5.25 <br />4. "Performance" means any play, motion <br />picture film, dance, or other exhibition pictured, animated, or <br />live, performed before an audience. <br />5. "Sade-masochistic Abuse" means flagellation <br />or torture by or upon a person who is nude or clad in undergarments <br />or in revealing or bizarre costume, or the condition of being <br />fettered, bound or otherwise physically restrained on the part of <br />one so clothed. <br />6. "Sexual Conduct" means human masturbation, <br />sexual intercourse, or any touching of the genitals, public areas <br />or buttocks of the human male or female, or the breasts of the <br />female, whether alone or between members of the same or opposite <br />sex or between humans and animals in an act of apparent sexual <br />stimulation or gratification. <br />7. "Sexual Excitement" means the condition of <br />human male or female genitals or the breasts of the female when in <br />a state of sexual stimulation, or the sensual experiences of humans <br />engaging in or witnessing sexual conduct or nudity. <br />B. It is unlawful for any licensee, for a monetary <br />consideration or other valuable commodity or service, to knowingly <br />or recklessly (1) exhibit an obscene performance, or, (2) directly <br />or indirectly sell an admission ticket or other means to gain <br />entrance to an obscene performance, or, (3) directly or indirectly <br />permit admission of a person to premises whereon there is exhibited <br />an obscene performance. <br />C. Any prosecution under this Subdivision shall <br />include the following elements: (1) that the average person, <br />applying contemporary community standards, would find the <br />performance, taken as a whole, appealing to the prurient interest <br />of the audience; (2) that the performance describes or depicts, in <br />a patently offensive way, sexual conduct included in the definition <br />of "obscene performance"; and, (3) that the performance, taken as a <br />whole, lacks serious literary, artistic, political or scientific <br />value. <br />(Sections 5.26 through 5.29, inclusive, reserved for future <br />expansion.) <br />ORONO CC 118 <br />Ordinance 22, 2nd Series <br />Adopted: 3-10-86