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Clyde Overview
Codified Ordinances of Clyde, OH
CODIFIED ORDINANCES OF THE CITY OF CLYDE, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 1980 - 34
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLE OF SPECIAL ORDINANCES
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 535
Adult Entertainment Businesses
535.01   Purpose and intent.
535.02   Definitions.
535.03   Scope of regulations.
535.04   Permit required.
535.05   Application for permit; fee.
535.06   Inspection and investigation upon permit application.
535.07   Action on application.
535.08   Expiration of permit.
535.09   Display of permit.
535.10   Revocation of permit.
535.11   Inspections and investigations.
535.12   Operation requirements.
535.13   Rules governing employee conduct.
535.14   Measure of distance.
535.15   Records.
535.16   Deposits and use of fees.
535.17   Severability clause.
535.18   Remedies available to City Solicitor.
535.99   Criminal violation.
CROSS REFERENCES
Obscenity and Sex Offenses - see GEN. OFF. Ch. 533
   535.01 PURPOSE AND INTENT.
   It is the purpose and intent of this Chapter to regulate adult entertainment businesses to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult entertainment businesses within the City, thereby reducing or eliminating the adverse secondary effects from such business. The provisions of this Chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the Chapter to condone or legitimize the distribution of obscene material.
(Ord. 1997-61. Passed 5-20-97.)
   535.02 DEFINITIONS.
   (a)    "Adult Entertainment Business" means an adult book store, adult cabaret, adult motion picture theater, adult drive-in motion picture theater, or an adult only entertainment establishment as further defined in this section.
   (b)    "Adult Book Store" means an establishment which utilizes fifteen percent (15%) 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 electronically, electrically or mechanically controlled still 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 adult materials as defined in this section.
   (c)    "Adult Cabaret" means a nightclub, bar, restaurant, supper club, lounge or similar establishment in which persons appear in a state of nudity in the performance of their duties.
   (d)   “Adult Motion Picture Theater” means an enclosed motion picture which is regularly used or utilizes 15 percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
   (e)   “Adult Motion Picture Drive-In Theater” means an open air drive-in theater which is regularly used or utilizes 15 percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
   (f)   “Adult Only Entertainment Establishment” means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
   (g)   “Adult Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch, and:
      (1)   Which material is distinguished or characterized by an emphasis on matter displaying, describing or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
      (2)   Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
   (h)    "Bottomless" means less than full opaque covering of male or female genitals, pubic area or buttocks.
   (i)    "Nude or Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
   (j)    "Topless" means the showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
   (k)    "Sexual Activity" means sexual conduct or sexual contact, or both.
   (l)    "Sexual Contact" means any touching of an erogenous zone of another including without limitation the thigh, genitals, buttock, pubic region, or, if the person is female, a breast, for the purpose of sexually arousing or gratifying either person.
   (m)    "Sexual Excitement" means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
   (n)    "Church" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
   (o)    "Permit" means a permit to operate an adult entertainment business establishment issued pursuant to these regulations.
   (p)    "Public Park" means public land 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 the City, County or State.
   (q)    "Residential District" means those areas defined in Section 1145.04(b) thru (e) inclusive.
   (r)    "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.
(Ord. 1997-61. Passed 5-20-97.)
   535.03 SCOPE OF REGULATIONS.
   These regulations govern adult entertainment business establishments within the City and the owners, operators, persons in charge and employees of such establishments.
(Ord. 1997-61. Passed 5-20-97.)
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