759.02 DEFINITIONS.

   The following definitions shall apply to this chapter:

   (a)   "Adult Entertainment Business" means an adult book/video store, 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/Video 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, electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices, books, magazines, other periodicals, films, tapes, and cassettes which are distinguished by their emphasis on adult materials as defined in this section.

   (c)   "Adult Motion Picture Theater" means an enclosed motion picture theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to adult material as defined in this section.

   (d)   "Adult Motion Picture Drive-In Theater" means an open air drive-in theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to adult material as defined in this section.

       (Ord. 14-01. Passed 4-16-01.)

   (e)    "Adult Only Entertainment Establishment" means an establishment where the patron directly or indirectly is charged a fee, and 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, or bottomless, or which features strippers or similar entertainment, or which features services which constitute, utilize or promote adult material as defined in this section. For purposes of the within chapter, the term “Adult Only Entertainment Establishment” shall include any firm, business or individual engaging in the above activities, whether said activity occurs pursuant to the normal course of its business operations, or as an isolated or occasional incident.

      (Ord. 15-05. Passed 3-21-05.)

   (f)   "Adult Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, video tape, 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, or nudity; or

      (2)   Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, or nudity.

   (g)   "Bottomless" means less than full opaque covering of male or female genitals, pubic area, or buttocks.

   (h)   "Sexual Activity" means sexual conduct or sexual contact, or both.

   (i)   "Sexual Contact" means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or breast for the purpose of sexually arousing or gratifying either person.

   (j)   "Topless" means less than full opaque covering of any portion of a female breast below the top of the nipple.

   (k)   "Church" means any structure used primarily as a church as defined in Federal Tax Regulations, paragraph (g)(5) of 26 C.F.R. 1.6033-2 (1995).

   (l)   "School" means any public or chartered nonpublic school.

   (m)   "Park" means any property and/or structure owned or maintained by the State of Ohio, Tuscarawas County, or City of Dover whose primary purpose and function is to serve as a recreational facility available and open to the general public.

   (n)   "Playground" means any recreational area owned or maintained by any school as defined herein.
(Ord. 14-01. Passed 4-16-01; Ord. 59-10. Passed 12-6-10.)