(a) Adult Entertainment Facility: A commercial entertainment facility having a significant portion of its function as adult entertainment which includes "Adult book/video store", "Adult entertainment theater", or "Adult entertainment business".
(b) Adult Book/Video Store: A facility, in which at least ten ( 10%) percent of the publicly accessible store area deals in books, magazines, or other periodical, or video materials that display and are distinguished or characterized by an emphasis on depiction of items listed under "Specified Sexual Activities" or "Specified Anatomical Areas". A facility meeting this definition shall meet the requirements of a commercial entertainment facility.
(c) Adult Entertainment Theater: A commercial entertainment facility which devotes at least 10% of its presentation time to the display of material distinguished or characterized by all items listed in "Specified Sexual Activities" or "Specified Anatomical Areas."
(d) Adult Entertainment Business: Any commercial entertainment facility involved in the sale or services of products characterized by salacious conduct appealing to prurient interest for the observation or participation in, by the patrons, the exposure or presentation of specified anatomical areas or physical contact of live males or females. These activities are characterized by, but not limited to, photography, dancing, stripping, reading, massage, male or female impersonation, and similar functions which utilize activities as stated in "Specified Sexual Activities".
(e) Specified Sexual Activities: Activities such as:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio;
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(f) Specified Anatomical Areas: Areas of the human body as follows:
(1) Human genitals, pubic region, buttocks, and the areola area of the female breasts which are less than completely or opaquely covered;
(2) Human male genitals in a discernible turgid state, even if completely or opaquely covered.
(Ord. 26-99-0. Passed 8-23-99.)
Adult commercial entertainment facilities, as defined in Section 1184.01, are subject to the following standards regulating their location.
(a) No adult entertainment facility shall be established within one thousand ( 1,000') feet of any R-1, R-2, R-3, and R-O district.
(b) No adult entertainment facility shall be established within a radius of one thousand (1000') feet of any school, library, or teaching facility that is attended by persons under the age of eighteen (18) years of age.
No adult entertainment facility shall be established within a radius of one thousand (1000') feet of any park or recreational facility attended by persons under eighteen (18) years of age.
(c) No adult entertainment facility shall be established within a radius of one thousand ( 1000') feet of any permanently established place of religious services.
(d) No adult entertainment facility shall be established within a radius of one thousand (1000') feet of any daycare center or type A or B family day care home as established by the Ohio Revised Code.
(e) No adult entertainment facility shall be established within a radius of one thousand ( 1000') feet of any other adult entertainment facility.
(f) No adult entertainment facility shall be established within a radius of one thousand (1000') feet of any two of the following:
(1) Cabarets, clubs, or other establishments which feature adult type of entertainment.
(2) Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
(3) Pool or billiard halls.
(4) Pinball palaces or halls.
(5) Dance halls or discotheques.
(6) Massage parlors.
(7) Video arcades, or establishments known by other descriptions, which provide video games and/or other games for entertainment attended or participated in by persons under eighteen (18) years of age.
(Ord. 26-99-0. Passed 8-23-99.)
Distances shall be measured from the property lines of any lot or parcel of land on which an adult entertainment facility is located and the location from which a distance of separation is specified in Section 1184.02.
(Ord. 26-99-0. Passed 8-23-99.)
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