755.02 DEFINITIONS.
For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Adult Arcade" means any place to which the public is permitted or invited where motion picture machines, projectors, video or laser disc players, or other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five (5) or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(b) "Adult Bookstore," "Adult Novelty Store," or "Adult Video Store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia, other than prophylactics, that are designated for use in connection with specified sexual activities.
(c) "Adult Cabaret" means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live entertainment characterized by the depiction or description of specified anatomical areas;
(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators or similar entertainment; or
(4) Films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(d) "Adult Entertainment Business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. "Adult Entertainment Business" does not include an adult motel.
(e) "Adult Motel" means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right-of-way which advertises the availability of this sex-oriented type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent or sub-lease the room for a period of time that is less than ten (10) hours.
(f) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(g) "Adult Theater" means a theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, live performances that are characterized by the depiction or description or specified anatomical areas, or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators or similar entertainment.
(h) "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(i) "Employee" means a person who performs any service or work on the premises of an Adult Entertainment Business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(j) "Health Commissioner" means the Cuyahoga County Commissioner of Health or his or her authorized representative.
(k) "Licensee" means, with respect to an Adult Business License issued under this Chapter, a person in whose name a license to operate an Adult Entertainment Business or Adult Motel has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the Adult Entertainment Business or Adult Motel. With respect to an Adult Entertainment Employee license issued under this Chapter, licensee means a person in whose name a license has been issued authorizing employment in an Adult Entertainment Business or Adult Motel.
(l) "Live Viewing Booth" means any private or semi-private booth, or any viewing room of less than one hundred fifty (150) square feet of floor space, to which the public may gain admittance, wherein a live performance is presented to five (5) or fewer persons at any one time.
(m) "Nude Model Studio" means any place where a person who appears nude or semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude Model Studio" shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(3) An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing where in order to participate in a class a student must enroll at least three working days in advance of the class and where no more than one nude or semi-nude model is on the premises at any one time.
(n) "Nudity" or "Nude" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering, exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering, or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(o) "Operate" means to control or hold primary responsibility for the operation of an Adult Entertainment Business or Adult Motel, either as a business entity, as an individual or as part of a group of individuals with shared responsibility. "Operate" or "Cause to be Operated" shall mean to cause to function or to put or keep in operation. "Operator" means any person or persons on the premises of a sexually-oriented business who is authorized to exercise overall operational control or hold primary responsibility for the operation of an Adult Entertainment Business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
(p) "Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation limited liability company or combination of individuals of whatever form or character, or other legal entity of every kind, nature or description.
(q) "Semi-Nudity" or "Semi-Nude" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
(r) "Sexual Encounter Center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is nude or semi-nude.
(s) "Specified Anatomical Areas" means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(t) "Specified Criminal Activity" means any of the following offenses:
(1) Prostitution or promoting prostitution, soliciting, loitering to engage in solicitation, sexual performance by a child, public lewdness, indecent exposure, indecency with a child, sexual assault, molestation of a child or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state or country, for which:
A. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
B. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(2) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(u) "Specified Sexual Activities" means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(3) Excretory functions as a part of or in connection with any of the activities set forth in (1) or (2) above.
(v) "Substantial Enlargement" of an Adult Entertainment Business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this Chapter takes effect.
(w) "Transfer of Ownership or Control" of a sexually-oriented business shall mean any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, assignment or similar means; or
(3) The establishment of a trust, gift or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(x) "Video Booth" means any private or semi-private booth or any viewing room of less than one hundred fifty (150) square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor or similar equipment is available for the purpose of showing still or motion pictures, videos or similar images or photographic reproductions to five (5) or fewer persons at any one time.
(y) "Viewing Booth" means a live viewing booth or a video booth, and "Viewing Booths" means live viewing booths, video booths or any combination thereof.
(Ord. 2004-108. Passed 7-6-04.)