As used in this Chapter, certain terms and words are defined as follows:
(a) "Adult Arcade" means any place to which the public is permitted or invited are either or both (i) motion picture machines, projectors, video or laser disc players or other video or image-producing devices are available, run via coin, token or any other form of consideration, to show images to five or fewer persons per machine at any one time; or (ii) live entertainment is available in a format designed for viewing by five 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 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, video disks, CD-ROM disks, or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia, other than prophylactics which are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." For the purpose of this Chapter, any retail establishment which devotes at least twenty percent (20%) of the total lineal feet available for the display of items or materials for sale or rental which are characterized by the depiction or description of "specified sexual activities" or specified anatomical areas" shall be categorized as an adult bookstore, adult novelty store, or adult video store.
(c) "Adult Cabaret" means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, video discs, slides, or other photographic reproductions which 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 Entertainment" means any of the services, activities, or goods provided or offered by any of the following kinds of adult entertainment businesses 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, video disks, CD-ROM disks, or video reproductions, slides, or other visual description of specified sexual activities or specified anatomical areas, as defined in this section; or
(2) Instruments, devices, or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities as defined in this section.
(f) "Adult Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, display, dance, exhibition, performance, or other activity, capable of arousing interest through sight, sound, or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
(2) Which service, display, exhibition, or performance is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
(g) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, video discs, slides, or similar photographic reproductions, or by various electronic media such as the internet, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(h) “Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances of an erotic nature which are characterized by the exposure of "specified anatomical areas" or "specified sexual activities" including exotic dancers, strippers, male or female impersonators, or similar entertainment.
(i) "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.
(j) "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 the premises exclusively for repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
(k) “Establishment" means and includes any of the following:
(1) The opening or commencement of any adult entertainment business as a new business;
(2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;
(3) The additions or any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation of any adult entertainment business.
(l) "Health Commissioner" means the Cuyahoga County Commissioner of Health or his/her authorized representative.
(m) "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 individuals designated on the license application as principally responsible for the operation of the adult entertainment business. 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.
(n) "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.
(o) "Nude Model Studio" means any place where a person who appears 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 semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(p) "Nudity" or "State of Nudity" means exposing or showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(q) “Operate" means to control or hold primary responsibility for the operation of an adult entertainment business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility.
(r) "Person" means an individual, proprietorship, corporation, association, or other legal entity.
(s) "Semi-Nudity" or "Semi-Nude Condition" means the exposing or showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or part.
(t) "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.
(u) "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 breasts below a point immediately above the top of the areola.
(v) "Specified Criminal Activity" means any of the following offenses:
(1) Prostitution or promotion of prostitution; 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;
(2) For which;
A. Less than two 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 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.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(w) "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 part of or in connection with any of the activities set forth in (w)(1) through (2) of this subsection, or
(4) Acts causing human genitals to be in a state of sexual stimulation or arousal.
(x) "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.
(y) "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, 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.
(z) "Viewing Booth" means live viewing booth or video booth, and "Viewing Booths" means live viewing booths, video booths or any combination thereof.
(Ord. 2010-26. Passed 4-5-10.)