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No person shall operate or cause to be operated a sexually oriented business which exhibits on the premises in a viewing booth, as defined in Section 850.02, films, video cassettes, other video or image reproduction, or live entertainment, which depicts specified sexual activities or specified anatomical areas, without complying with the following requirements:
(a) The sexually oriented business license application required under this chapter shall be accompanied by a diagram of the premises showing a plan thereof which specifies the location of one or more employee's stations and the location of all overhead lighting fixtures, and which designates any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the sexually oriented business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches.
(b) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an employee's station of every area of the premises to which any patron is permitted access for any purpose, including the interior of all viewing booths, but excluding restrooms. Restrooms may not contain video reproduction equipment, and no entertainment of any kind may be offered in restrooms. If the premises have two or more employee stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the employee's stations. The view required in this subsection must be by direct line of sight from the employee's station.
(c) No alteration in the configuration or location of an employee's station shall be made without the prior approval of the City Safety Director.
(d) At least one employee shall be on duty and situated in each employee's station at all times that any patron is present inside the premises.
(e) An employee's station shall not exceed thirty-two square feet of floor area, and no single dimension of an employee's station shall exceed eight feet.
(f) The view from the employee's station(s) shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
(g) No patron shall at any time be permitted access to any area of the premises which has been designated in the license application filed pursuant to this chapter as an area in which patrons will not be permitted.
(h) No viewing booth may be occupied by more than one person at any time.
(i) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including both the interior of viewing booths and restrooms, at an illumination level of not less than five footcandles as measured at floor level.
(j) The illumination described above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(k) No openings of any kind shall be permitted to exist between viewing booths or in any wall of a viewing booth.
(l) No person shall make or attempt to make an opening of any kind between viewing booths or in any wall of a viewing booth.
(m) The walls of each viewing booth shall be inspected regularly during each business day to determine if any openings or holes exist.
(n) All floor coverings in viewing booths shall be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(o) All wall surfaces, ceiling surfaces and seating surfaces in viewing booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material.
(Ord. 115-98. Passed 9-28-98.)
(a) Nudity, Sexual Activity, Live Entertainment and Performances.
(2) Any employee appearing on the premises of a sexually oriented business in a state of seminudity, as defined in Section 850.02, must be on a stage that is at least forty-five inches from the floor, and at a distance at least seventy-two inches from all parts of a clearly designated area in which patrons will be present.
(3) All live entertainment and performances in a sexually oriented business must take place on a stage that is at least forty-five inches from the floor and a distance of at least seventy-two inches from all parts of a clearly designated area in which patrons will be present.
(4) The stage shall be separated from the area in which patrons may be present.
(5) No employee, as defined in Section 850.02, appearing on the premises of a sexually oriented business in a state of seminudity, may touch a customer or a customer's clothing or permit himself or herself to be touched by a customer or a customer's clothing.
(6) Any live entertainment that is provided on the premises of a sexually oriented business, in a private or semiprivate room, to five or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee's station at which at least one employee is on duty and stationed at all times during which such entertainment takes place, with all doors to such room completely open and ajar, if such room is not considered a viewing booth under Section 850.02 and therefore is not subject to the provisions of Section 850.18.
The provisions of this subsection (a) shall not apply to an employee's bona fide use of a restroom or of a single-sex dressing room that is accessible only to entertainers.
(b) Dressing Rooms. All sexually oriented businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers, which shall not be occupied or used in any way by any one other than entertainers.
(c) Minors Prohibited. No person under the age of eighteen years shall be permitted on the premises of a sexually oriented business.
(d) Hours of Operation. No sexually oriented business shall remain open at any time between the hours of 2:30 a.m. and 7:00 a.m. on weekdays and Saturdays, and 2:30 a.m. and 12:00 noon on Sundays, nor shall any entertainment, service, or product be provided to a customer on the premises of a sexually oriented business during those hours.
(e) Minimum Lighting Level.
(1) The premises of every sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five footcandles as measured at floor level.
(2) The illumination described in paragraph (e)(1) hereof shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(f) Exterior Display. No sexually oriented business shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in Section 850.02, or any person in a state of nudity or seminudity, whether by means of display decoration sign, window or any other means.
(Ord. 115-98. Passed 9-28-98.)
(a) It shall be the duty of the operator of a sexually oriented business to:
(1) Initiate and enforce a "no loitering" policy within the external boundaries of the real property upon which the sexually oriented business is located;
(2) Post conspicuous signs stating that no loitering is permitted on such property;
(3) Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every thirty minutes or inspecting such property by use of video cameras and monitors; and
(4) Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.
(b) No person having a duty under this section shall knowingly fail to fulfill that duty.
(Ord. 115-98. Passed 9-28-98.)
(a) No sexually oriented business shall be established in any zoning district other than an Industrial District that has not been zoned or "overlaid" for any mixed use zoning and is zoned exclusively for an Industrial use. In addition, no such business shall be established within 1,000 feet of:
(1) A church, Kingdom Hall, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
(3) A boundary of a Residential District, Office, Commercial or any Mixed Use or Overlay Zoning District as these are defined in the Zoning Code.
(4) A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir athletic field, basketball or tennis courts, pedestrian bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City park and recreation authorities;
(5) The property line of a lot devoted to a residential use, as defined in the Zoning Code;
(6) An entertainment business which is oriented primarily towards children or family entertainment; or
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(b) No adult entertainment business shall be established, operated or enlarged within 1,000 feet of another adult entertainment business.
(c) Not more than one adult entertainment business shall be established or operated in the same building, structure, or portion thereof.
(d) For the purpose of subsection (a) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in subsection (a) hereof. The presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(e) For purposes of subsection (b) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
(f) Any sexually oriented business lawfully operating on September 28, 1998, that is in violation of subsections (a) through (e) hereof, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
(Ord. 115-98. Passed 9-28-98; Ord. 33-07. Passed 3-26-07.)
Any person who operates or causes to be operated a sexually oriented business or adult motel in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations under Section 850.99.
(Ord. 115-98. Passed 9-28-98.)
(a) Any establishment in operation on the effective date of this chapter that is considered a sexually oriented business or adult motel under the terms of this chapter will be subject to the terms of this chapter as of the effective date of this chapter. Any sexually oriented business must submit an application for a sexually oriented business license pursuant to this chapter within sixty days of its effective date. Any establishment for which a sexually oriented business license application is submitted within the required sixty-day period will be permitted to operate, subject to compliance with the nonlicensing provisions of this chapter, pending review of the license application and any appeal of a license denial.
(b) Any person acting, on the effective date of this chapter, as an employee in an establishment that is considered a sexually oriented business under the terms of this chapter will be subject to the terms of this chapter as of the effective date of this chapter. Any such person must submit an application for a sexually oriented business employee license pursuant to this chapter within sixty days of its effective date. Any person who has submitted an application for a sexually oriented business employee license within the required sixty-day period will be permitted to continue acting as an employee in an establishment that is considered a sexually oriented business, subject to compliance with the nonlicensing provisions of this chapter, pending review of the license application and any appeal of a license denial.
(Ord. 115-98. Passed 9-28-98.)
(a) Whoever violates Section 850.04 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense.
(c) Whoever violates Section 850.17 is guilty of a misdemeanor of the first degree.
(d) Except as otherwise provided, whoever violates Section 850.19(a), or whoever operates a sexually oriented business and knowingly permits a violation of Section 850.19(a) on the premises, is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hunded fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. If the offender previously has been convicted of or pleaded guilty to one violation of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the second degree. The person shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both, for each offense. If the offender previously has been convicted of or pleaded guilty to three or more violations of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the first degree.
(e) Whoever operates a sexually oriented business and knowingly permits a violation of Section 850.19(f) on the premises is guilty of a misdemeanor of the first degree.
(f) Whoever operates a sexually oriented business in violation of Section 850.19(b), (d) or (e) is guilty of a misdemeanor of the fourth degree.
(g) Any operator of a sexually oriented business or his or her agent or employee who recklessly violates, or operates a sexually oriented business in violation of Section 850.19(c) is guilty of a misdemeanor of the second degree. Mistake of age is not a defense to a charge under Section 850.19(c), unless the person under age eighteen who was permitted on the premises exhibited to the operator or his or her agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was eighteen years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under eighteen years old.
(h) Each day that a sexually oriented business or adult motel operates in violation of this chapter is a separate offense or violation.
(Ord. 115-98. Passed 9-23-98.)