747.02 DEFINITIONS.

   Words, terms and phrases in this chapter shall be defined as follows:

   (a)   Adult Arcade means any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting “specified sexual activities” or “specified anatomical areas.”

   (b)   Adult Bookstore, Adult Novelty Store or Adult Video Store means a commercial 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 substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:

      (1)   Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which are characterized by their emphasis upon the exhibition or display of “specified sexual activities” or “specified anatomical areas;”

      (2)   instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others;

   (c)   Adult Cabaret means a nightclub, bar, restaurant, café, or similar commercial establishment which regularly features:

      (1)   Persons who appear semi-nude; or

      (2)   Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities;” or

      (3)   Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas.”

   (d)   Adult Motel means hotel, motel, or similar commercial establishment, which:

      (1)   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of “specified sexual activities” or “specified anatomical areas;” and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either

      (2)   Offers a sleeping room for rent for a period of time that is less than ten (10) hours, or

      (3)   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

   (e)   Adult Motion Picture Theater means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction of “specified sexual activities” or “specified anatomical areas.”

   (f)   Adult Theater means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”

   (g)   Distinguished or Characterized by an Emphasis Upon means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films “which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas,” the films so described are those whose dominant or principal character and theme are the exhibition or display of “specified anatomical areas” or “specified sexual activities.”

   (h)   Employee, Employ, and 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, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.

   (i)   Enforcement Officer shall mean the City Housing and Zoning Inspector or such person as may be designated by the City Manager.

   (j)   Escort means a person who, for consideration, and for another person, agrees or offers: (1) to act as a companion, guide, or date, or (2) to privately model lingerie, or (3) to privately perform a striptease.

   (k)   Escort Agency means a person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.

   (l)   Establish or Establishment means and includes any of the following:

      (1)   The opening or commencement of any sexually oriented business as a new business;

      (2)   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

      (3)   The addition of any sexually oriented business to any other existing sexually oriented business; or

      (4)   The relocation of any sexually oriented business.

      (5)    A sexually oriented business or premises on which the sexually oriented business is located.

   (m)   Live Theatrical Performance means a play, skit, opera, ballet, concert, comedy, or musical drama.

   (n)   Nude Model Studio means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for consideration.

   (o)   Licensee means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the cause of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.

   (p)   Nude, Nudity or a State of Nudity means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

   (q)   Operate or Cause to Be Operated means to cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.

   (r)   Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

   (s)   Premises means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license pursuant to Section 747.04 .

   (t)   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 films or performances offered as a part of the ongoing business of the sexually oriented business.

   (u)   Semi-Nude or in a Semi-Nude Condition means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.

   (v)   Semi-Nude Model Studio means a commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but shall not include a proprietary school licensed by the State of Ohio or a college, junior college or university supported entirely or in part by public taxation; 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.

   (w)   Sexual Encounter Center means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two (2) or more persons may congregate, associate, or consort for the purpose of “specified sexual activities.” The definition of sexual encounter center or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

   (x)   Sexually Oriented Business means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio, or sexual encounter center.

   (y)   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 a female breast below a point immediately above the top of the areola.

   (z)   Specified Criminal Activity means any of the following offenses:

      (1)   Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;

      (2)   For which:

         A.   Less than two (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 five (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 five (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 (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within a twenty-four (24) month period.

      (3)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.

   (aa)   Specified Sexual Activities means any of the following:

      (1)   The fondling of another person’s genitals, pubic region, anus, or female breasts;

      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

      (3)   Excretory functions as part of, or in connection with, any of the activities set forth in (1) through (2) above.

   (bb)   Substantial Enlargement of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five (25) percent, as the floor areas exist on the date this chapter takes effect.

   (cc)   Transfer of Ownership or Control of a sexually oriented business means and includes any of the following:

      (1)   The sale, lease, or sublease of the business;

      (2)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 107-05. Passed 12-5-05.)