(a) Purpose. Based upon evidence and findings of negative secondary effects of adult entertainment uses presented in hearings before the Council and in studies from other communities, including the cities of Indianapolis and New York, the Council finds that adult entertainment uses in Cleveland cause negative secondary effects and has created this section to regulate adult entertainment uses to promote the health, safety, morals and general welfare of the citizens of Cleveland by establishing reasonable and uniform regulations to prevent concentration of adult entertainment uses and location near specified other uses. The provisions of this section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including adult entertainment materials. Similarly, it is not the intent, or effect of this section to restrict or deny access by adults to adult entertainment materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment to their intended market. Additionally, it is not the intent or effect of this section to condone or legitimize the distribution of obscene material.
(b) Definitions. As used in this Zoning Code:
(1) "Specified Sexual Activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast;
B. Sex acts, actual or simulated, including masturbation, intercourse, oral copulation or sodomy;
C. Excretory functions as part of or in connection with any of the activities set forth in A. and B. above.
(2) "Specified Anatomical Areas" means:
A. The cleft of the buttocks, anus, male or female genitals, or the female breast.
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(3) "Adult Bookstore" or "Adult Video Store" means an establishment, which, as one (1) of its principal purposes, offers for sale or rental for any form of consideration any one (1) or more of the following:
A. Books, magazines, newspapers, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, laser discs, compact discs or other visual representations, which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices, or other paraphernalia, except prophylactic products, designed or marketed for use in connection with "specified sexual activities."
An establishment may have other principal business purposes that do not involve the offering for sale or rental material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an adult bookstore or adult video store. Such other business purpose will not serve to exempt an establishment from being categorized as an adult bookstore or adult video store so long as one (1) of its principal business purposes is
the offering for sale or rental for consideration the above specified materials.
the offering for sale or rental for consideration the above specified materials.
(4) "Adult Motion Picture Theatre" means a commercial establishment, regardless of capacity, where films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas." This definition of adult motion picture theater does not include the definitions of adult video arcade and adult cabaret, which are separate uses.
(5) "Adult Video Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained wherein still or motion picture machines, projectors, video, compact or laser disc players or other image-producing devices are operated or maintained to show images to five (5) or fewer persons per enclosed area or booth at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(6) "Adult Cabaret" means a commercial establishment, including a nightclub, bar, juice bar, restaurant, bottle club, or similar establishment, whether or not alcoholic beverages are served, which regularly features any of the following:
A. persons who appear in a state of nudity or semi-nudity;
B. persons who expose specified anatomical areas, or dancers, strippers or similar live entertainers in performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities";
C. films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities."
This definition of adult cabaret does not include the definitions of adult live entertainment arcade or adult theater, which are separate uses.
(7) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who expose "specified anatomical areas" or live performances which are distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities." This definition of adult theater does not include the definition of adult live entertainment arcade which is a separate use.
(8) "Adult Live Entertainment Arcade" means any place to which the public is permitted or invited wherein one (1) or more enclosed or screened areas or booths are maintained for viewing by five (5) or fewer persons at any one (1) time live entertainment such as a dance routine, strip performance or other similar entertainment, which live entertainment is distinguished or characterized by the exposure of "specified anatomical areas" or by the depiction or description of "specified sexual activities" or by persons who appear in a state of nudity or semi-nudity.
(9) "Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
(10) "Semi-nudity" or "state of semi-nudity" means a state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
(c) Location. Uses defined in divisions (b)(3) Adult Bookstore or Adult Video Store, (b)(4) Adult Motion Picture Theater, (b)(5) Adult Video Arcade, (b)(6) Adult Cabaret, (b)(7) Adult Theater and (b)(8) Adult Live Theater Entertainment Arcade of this section are designated "adult entertainment" uses. Where permitted in a use district, adult entertainment uses are subject to the following location restrictions:
(1) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a residence district.
(2) No two (2) adult entertainment uses shall be located in the same premises or on the same lot. An adult entertainment use may never be an accessory use as that term is used in this Zoning Code.
(3) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of another lot or lots containing an existing adult entertainment use, or of a lot or lots where there is no building or structure, but for which a valid and current permit or certificate of occupancy is issued for an adult entertainment use.
(4) No adult entertainment use shall be established on a lot or lots within one thousand (1,000) feet of a pool or billiard hall or a video or pinball arcade or tattooing or body piercing establishment.
(5) No adult entertainment use shall be located on a lot or lots within one thousand (1,000) feet of a premises, which may be one (1) or more lots, having as its principal use: a church, synagogue or mosque; special education, preschool, kindergarten, elementary, junior high or high school; education or training facility for mentally or physically disabled persons; public or nonprofit community center in which there are regular programs for minors; public library; public park; public recreation center; playground; hospital; clinic; infirmary; nursing or convalescent homes; home for the aged; rest home; orphanage or day care center.
(d) Permit Applications. The City shall approve or disapprove the portion of the completed application requiring review under division (c) within thirty (30) calendar days of submission.
(e) Signs and Exterior Display. No adult entertainment use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" by display, decorations, sign, show window or other opening from any public view.
(f) Disseminating and Displaying Material Harmful to Juveniles. All adult entertainment uses shall comply with applicable state and local laws regarding the dissemination and display of material harmful to juveniles.
(Ord. No. 922-15. Passed 3-21-16, eff. 3-24-16)