(a) “Adult arcade” means any place to which the public is permitted or invited where one or more viewing booths are available to patrons where the images shown and/or live entertainment presented are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(b) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or state of semi-nudity;
(2) Live entertainment, exhibition, performance or dance by persons whose entertainment, exhibition, performance or dance is distinguished or characterized by the depiction or description of specified anatomical areas or specified sexual activities; or
(3) Adult media.
(c) "Adult media” means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media distinguished or characterized by an emphasis on matter, whether simulated or real, depicting or describing specified sexual activities or specified anatomical areas.
(d) "Adult media store" means an establishment which has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a significant or substantial section of its sales or display space to the sale or rental for any form of consideration of any adult media.
(e) "Adult model studio" is any establishment open to the public where a person who regularly appears in a state of nudity or semi-nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or any form of consideration. “Adult model studio” shall also include any establishment which offers for sale or viewing any apparel or other items which are displayed by models who appear regularly in a state of nudity or semi-nudity. “Adult 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 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
(3) A structure which has no sign visible from the exterior of the structure and no other advertising that indicates a model 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 nude or semi-nude model is on the premises at any one time.
(f) "Adult motel" means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; and regularly provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, compact discs in any format, digital video discs in any format or other photographic reproductions or computer images which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas, and has a sign visible from the public right of way which regularly advertises the availability of such sexually oriented type of matter.
(g) “Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd), other devices used to reproduce or record computer images, or similar photographic reproductions or other projected images are regularly shown, if such images presented are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
(h) “Adult novelty store" means an establishment which has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising or maintains a significant or substantial section of its sales or display space to the sale or rental, for any form of consideration, of sexually oriented novelties or toys.
(i) "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 or live performances which are distinguished or characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities.
(j) "Church" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(k) "Community service district" means those districts defined in Chapter 1144 of the Zoning Code of the City of Canton.
(l) “Convalescent home", "nursing home" or "extended care facility" means those facilities defined in Section 1123.17 of the City of Canton Zoning Code.
(m) “Distinguished or characterized by an emphasis on” means the dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis on” the description or depiction of “specified sexual activities or specified anatomical areas”, the films so described are those in which the dominant or principal character and theme are the description or depiction of specified sexual activities or specified anatomical areas.
(n) "Employ”, “employee" or “employment” describe and pertain to any person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the person is paid a salary, wage, or other compensation by the operator of the business. “Employee” does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(o) "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who, for consideration, agrees or offers to privately model in a state of nudity or semi-nudity or to perform a striptease for another person.
(p) "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.
(q) "Gross public floor area" means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
(r) "Historic site" and "historic landmark" means those sites and structures defined in Section 1105.02 of the City of Canton Zoning Code.
(s) "Nudity" means the showing of either of the following:
(1) The human male or female genitals, pubic area or buttocks with less than a fully opaque covering; or
(2) The female breast with less than a fully opaque covering on part of the nipple.
(t) "Open space" means that area defined in Section 1123.62 of the City of Canton Zoning Code.
(u) "Operate" means to control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. “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. A person may be found to be the operator of a sexually oriented business whether or not that person is an owner or part owner of the business.
(v) “Person” means an individual, sole proprietorship, partnership, corporation, limited liability company, association or other legal entity.
(w) "Public park" means public land or recreation 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, open space, wilderness areas, or similar public land within the City which is under the control, operation or management of a political subdivision of, and/or the state or federal government.
(x) “Regularly features” or “regularly shown” means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the film or performances offered as a part of the ongoing business of the sexually oriented business.
(y) "Residential district" means those areas zoned Residential District in the City of Canton Zoning Code.
(z) "Residential social service facility" means those facilities as defined in Section 1123.641 of the City of Canton Zoning Code.
(aa) "School" means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. “School” includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(bb) “Semi-nudity" or "semi-nude" means exposing to view, with less than a fully opaque covering, any portion of the pubic area, 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.
(cc) "Sexually oriented business/establishment" means any of the following:
(1) Adult arcade;
(2) Adult cabaret;
(3) Adult media store;
(4) Adult model studio;
(5) Adult motel;
(6) Adult motion picture theater;
(7) Adult novelty store;
(8) Adult theater; or
(9) Escort agency.
(dd) "Sexually oriented entertainment activity" means the sale, rental or exhibition for any form of consideration, of adult media, sexually oriented novelties or toys, or live performances which are distinguished or characterized by an emphasis on the exposure or display of specified sexual activity or specified anatomical areas.
(ee) "Sexually oriented novelties or toys" means instruments, devices, or paraphernalia which are designed for use or marketed primarily for use to stimulate human genital organs or in connection with specified sexual activities, or for sadomasochistic use or abuse of themselves or others, but shall not include anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced or marketed primarily for use in the practice of medicine or law or for use by an educational institution.
(ff) "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.
(gg) "Specified criminal activity" means any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity or illegal pornography; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; lewdness; sexual battery; rape; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving the same elements from any jurisdiction regardless of the exact title of the offense; for which:
A. Less than 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;
B. Less than 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; or
C. Less than 5 years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(2) The fact that a conviction is being appealed or a stay has been granted shall have no effect.
(hh) "Specified sexual activities" means:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse (vaginal or anal), sodomy, fellatio, cunnilingus, insertion of any part of the body or instrument into vaginal or anal cavity;
(3) Fondling or erotic touching of another person's human genitals, pubic region, buttocks or female breasts; or
(4) Excretory functions as part of or in connection with any activity set forth in subsection (hh)(1), (2) or (3) above.
(ii) "Stock in trade” means the individual items displayed in areas open to the public and offered for sale or rental in an establishment.
(jj) "Teen club" means those clubs defined in Section 727.02(c).
(kk) "Viewing booth" means any viewing room of less than 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 productions to five or fewer persons at any one time, or where live entertainment is presented.
(ll) "Youth oriented establishment" means an establishment which caters to or provides services primarily to persons younger than 18 years of age or any boys' club, girls' club, community center or similar establishment that regularly serves persons younger than 18 years of age.
(Ord. 91-03. Passed 5-19-03.)
(Ord. 91-03. Passed 5-19-03.)