For purposes of this chapter, certain terms and words are defined as follows:
(a) "Adult uses or sexually oriented businesses" are those businesses defined as:
(1) “Adult arcade” means any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video tape players or dvd players, or (ii) other video or image-producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(2) "Adult bookstore", "adult novelty store" or "adult video store" meaning a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues (25% or more in value and/or trade) or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein; the display of matter harmful to juveniles as defined in The Ohio Revised Code; or the pandering of obscenity as defined in The Ohio Revised Code.
B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.
(3) "Adult cabaret" means a nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
A. Persons who appear nude, semi-nude or in a state of nudity;
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or
C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities” or "specified anatomical areas".
(4) "Adult motel" means a motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television. Evidence that a sleeping room in a hotel, motel, or a similar commercial building or structure has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the enterprise is an adult motel.
(5) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(6) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".
(7) "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(8) "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas". The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program nor by any Licensed Massage Therapist licensed in the State of Ohio pursuant to the Ohio Revised Code.
(9) “Nude model studio” means Any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include:
A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
B. A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
C. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(10) "Sexual encounter establishment" means a business commercial establishment, that as one of its primary business or purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. The definition of 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.
Note: An establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as “adult bookstore, adult novelty store, or adult video store” so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(b) “Covering” means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomic area beneath it.
(c) "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
(d) "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(e) "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 of the sexually oriented businesses defined in this chapter;
(3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business.
(f) “Lap dance”, also known as a “straddle dance”, “face dance” or “flash dance”, means the use by an employee, whether clothed or partially or totally nude, of any part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of any employee by a person while at the establishment. It shall be a “lap dance” regardless of whether the “touch” or “touching” occurs while the employee is displaying or exposing any specified anatomical area. It shall also be a “lap dance” regardless of whether the “touch” or “touching” is direct or through a medium.
(g) “Nudity” or “state of nudity” or “nude” means exposing to view the genitals, pubic area, vulva perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or stimulates any of these anatomical areas.
(h) "Operator" means and includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
(i) "Permitted or licensed premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
(j) "Permittee and/or licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
(k) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(l) “Private performance” means the display or exposure of any specified anatomical area by an employee at a sexually oriented business to a person other than another employee while the person is in an area within the establishment not accessible during such display to all other persons in the establishment, or while the person is an area in which the person is totally or partially screened or partitioned during such display from the view of all persons within the establishment.
(m) "Protected uses" are those uses listed below and defined as:
(1) "Public building" means any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
(2) "Public park" or "recreation area" 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 park and recreation authorities.
(3) "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(4) "Residential District or Use" means a single family, duplex, townhouse, multiple family, retirement or nursing home, or mobile home park or subdivision and campground as defined in the Zoning Code.
(5) "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 grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school.
(6) "Hotel" or "Motel".
(7) Establishment that sells alcoholic beverages either packaged, by the glass, or by other means.
(n) "Public use" means any use designed for the benefit and/or accommodation of the general public which is available to all persons, without restriction, regardless of whether or not a fee is charged for admission.
(o) “Semi-nudity” or “semi-nude condition” or “semi-nude” means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(p) "Specified anatomical areas" as used in this chapter means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(q) "Specified sexual activities" as used in this chapter means and includes any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.
(r) "Specified criminal acts" are sexual crimes against children, sexual abuse, rape, gross sexual imposition, and other crimes connected with sexually oriented businesses including but not limited to distribution of obscenity or other material harmful to minors, pandering, prostitution, tax violations in connection with a sexually oriented business, or acts prohibited by the Ohio Revised Code.
(s) "Substantial enlargement of a sexually oriented business" means increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date of this ordinance.
(t) "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;
(3) The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death a person possessing the ownership or control.
(Ord. 5-07. Passed 2-19-07.)
(Ord. 5-07. Passed 2-19-07.)