(a) "Adult Entertainment Facility" means any establishment which is involved in one or more of the following listed categories.
(1) "Adult Book Store" means an establishment which utilizes ten percent (10%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on "specified sexual activities" or "specified anatomical areas" as defined below, and/or instruments devices or paraphernalia that are designed for or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others.
“Adult bookstore" shall include any commercial establishment as defined in Section 2907.38 of the Ohio Revised Code. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be characterized as an adult bookstore, adult novelty store or adult video store. The existence of such other principal business purposes does not exempt an 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 some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.
(2) "Adult Motion Picture" means a facility for the display of motion pictures which is regularly used or utilizes ten percent (10%) or more its total viewing time for presenting material distinguished or characterized by an emphasis to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.
(3) "Adult Entertainment Business" means any establishment involved in the sale of services or products characterized by the exposure or presentation of "specified anatomical areas" or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
Unless specifically stated otherwise, an adult entertainment facility shall include a "sexually-oriented business" and related definitions in Sections 2907.39 and 2907.40 of the Ohio Revised Code, as may be amended.
(b) "Specified Sexual Activities" means any of the following:
(1) Human genitals in a state of sexual stimulation or arousal.
(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks, or female breasts.
For the purposes of this Zoning Code, "specified sexual activities" shall include any other specific sexual activities as specified in Section 2907.40 of the Ohio Revised Code, as may be amended.
(c) "Specified Anatomical Areas" means any of the following:
(1) Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(2) Human male genitals in a discernible turgid state.
(d) "Fine Art Gallery" means any display of art work which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
(e) "Sexually explicit nudity" means the sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.
(f) "Sadomasochistic sexual abuse" means actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially denuded, or the condition of being fettered, bound for sexual gratification or abuse or represented in the context of a sexual relationship.
(g) "Visibly displayed" means the material is visible on a billboard, viewing screen, marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
(Ord. 27-11. Passed 3-14-11.)