(a) For purposes of this Zoning Ordinance:
(1) "ADULT ARCADE" means any place to which the public is permitted or invited where either or both:
A. Motion picture machines, projectors, video or laser disc players, or other video or image-producing devices, are available and are 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
B. 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.
(2) "ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. 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
B. Instruments, devices or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes that do not involve offering for sale or rental materials depicting or describing specified sexual activities or specified anatomical areas, or materials designed for use in connection with specified sexual activities, and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such a commercial establishment from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is 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 or are designed for use in connection with specified sexual activities.
(3) "ADULT CABARET" means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
A. Persons who appear in a state of semi-nudity;
B. Live entertainment characterized by the depiction or description of specified anatomical areas;
C. Live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators or similar entertainment; or
D. 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.
(4) "ADULT ENTERTAINMENT" OR "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.
(5) "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.
(6) "ADULT THEATER" means a theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of semi-nudity, live performances which are characterized by the depiction or description of specified anatomical areas, or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators or similar entertainment.
(7) "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.
(8) "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, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include:
A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
B. A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
C. An establishment operating 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.
(9) "PERSON" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(10) "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.
(11) "SEXUAL ENCOUNTER CENTER" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons are semi-nude.
(12) "SPECIFIED ANATOMICAL AREAS" means:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, a pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(13) "SPECIFIED SEXUAL ACTIVITIES" means any of the following:
A. The fondling or other erotic touching of human genitals, a pubic region, buttocks, an anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
C. Excretory functions as a part of or in connection with any of the activities set forth in paragraphs (a)(13)A. and B. hereof.
(b) This section shall take effect and be in force on the closing date of the Settlement Agreement between the Cities of Brook Park and Cleveland that was approved by the Brook Park City Council on May 21, 1997, by Ordinance No. 8323-1997, and by the Cleveland City Council on June 16, 1997, by Ordinance No. 203-97, as the term "closing date" is defined in the Settlement Agreement.
(Ord. 8402-1997. Passed 1-27-98.)