The definitions enumerated below may contain references to "nudity" or a "state of nudity". Such references should not be construed or interpreted to permit nudity or a state of nudity in any sexually oriented business in the City. In fact, this Chapter expressly prohibits such. The definitions are provided for illustrative purposes only. The words defined here shall have these meanings regardless of whether they are capitalized, in quotation marks, or otherwise noted as defined terms.
For the purposes of this Chapter, certain terms and words are defined as follows:
(a) "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, or other visual representations, for viewing by five (5) or fewer persons each, are regularly used to show 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”.
(b) "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which has as a significant or substantial (i.e. 50% or more) portion of its stock in-trade or derives a significant or substantial (i.e. 50% or more) portion of its interior business of advertising to the sale or rental for any for any form of consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, digital video discs, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or specified anatomical areas", and still be categorized as an adult bookstore, adult novelty store, or adult video store so long as the definition above is met.
(c) "Adult cabaret" means a nightclub, bar, restaurant, private club, bottle club, juice bar or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1) Persons who appear nude or semi-nude or in a state of nudity or semi- nudity;
(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, digital video discs, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
"Private Club" shall mean an establishment where patrons may bring in their own bottle or other container of alcohol (including beer, wine or liquor) and purchase a mixture for the same or use of a glass from the club or business.
(d) "Adult motel" means a hotel, motel, or similar commercial establishment which:
(1) Offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
(e) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, digital video discs, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(f) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by exposure of "specified anatomical areas" or by “specified sexual activities" which is not customarily open to the general public during such features because it excludes minors by reason of age.
(g) "Escort Agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for any person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person or to privately appear in the state of nudity or semi- nudity for any person.
(h) "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with "specified sexual activities" is offered, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented business shall not include the practice of massage in any licensed hospital, nor by any licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor, or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder, nor by any other individual licensed by the State of Ohio to perform massages.
(i) "Nude Model Studio" means any place where a person regularly appears in a state of nudity or semi-nudity or displays "specified anatomical areas" for money or for any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Reference above to nudity should not be construed or interpreted to permit nudity or a state of nudity in a "Nude Model Studio". "Nude model studio" shall not include a proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation, or 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.
(j) "Sexual encounter establishment" means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration:
(1) A place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas"; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Ohio engages in medically approved and recognized sexual therapy.
(k) "Simulated" means to assume the mere appearance of something, without the reality; to imitate or pretend.
(l) "Specified Sexual Activities" means and includes any of the following:
(1) The fondling or intentional touching of human genitals, pubic region, anus, or female breast;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence;
(5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.
(m) "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business, or any form of remuneration, tips of any kind or gratuities from the operator or customers of said business.
(n) "Employee Station" means an area on the premises of a Sexually Oriented Business designated for occupancy exclusively by one or more employees whose duties include assuring compliance with the provisions of this chapter.
(o) "Established" means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business.
(2) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
(3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business.
(p) "Licensee" means, with respect to a sexually oriented business license issued under this chapter, a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to a sexually oriented employee license issued under this chapter, licensee means a person in whose name a license has been issued authorizing employment in a sexually oriented business.
(q) "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.
(r) “Nude, Nudity or State of Nudity” means a live person exhibiting:
(1) The anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover the anus, male or female genitals, pubic region or areola or nipple of the female breast.
(s) "Specified Anatomical Areas" means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, anus, or areolas or nipple of the female breast; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(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; disseminating material harmful to juveniles, displaying the materials harmful to juveniles, pandering obscenity, pandering obscenity involving a minor, pandering sexually oriented material involving a minor; 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 that 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.
(u) "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.
(v) "Viewing Booth" means live viewing booth or video booth, and "Viewing Booths" means live viewing booths, video booths, or any combination thereof.
(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, or similar means; or
(3) The establishment of a trust, gift, or similar legal device which 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) "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 makeup, or any substance designed to simulate the appearance of the anatomical area beneath it.
(y) "Operate" means to control or hold primarily responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as a 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 on the premises of a sexually oriented business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a sexually oriented 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.
(z) "Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation, limited liability corporation, or combination of individuals of whatever form or character.
(aa) "Semi-Nudity" or "Semi-Nude" means exposing to view, with less than a full 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.
(bb) "Sexually oriented Business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, escort agency, massage parlor, or sexual encounter center. "Sexually oriented business" does not include an adult motel as defined above.
(Ord. 2005-10. Passed 10-18-05.)