1164.09 ADULT ENTERTAINMENT DEFINITIONS.

   For the purpose of this article, certain terms and words are hereby defined.

   (a)   “Adult Arcade” means any place or establishment operated for commercial gain which invites or permits the public to view adult material. For purposes of this Code, Adult Arcade is included within the definition of Adult Theater.

   (b)   “Adult Bookstore/Adult Video Store” means an establishment which sells or offers adult material for sale, rent for commercial gain; unless the establishment demonstrates either:

      (1)   The adult material is accessible only by employees and the gross income from the sale or rental of adult material comprises less than forty percent (40%) of the gross income from the sale or rental of goods or services at the establishment; or

      (2)   The individual items of adult material offered for sale or rental comprise less than ten percent (10%) of the individual items, as stock-in-trade, publicly displayed in the establishment and which is not accessible to minors.

   (c)   “Adult Booth” means a small enclosed or partitioned area inside an adult entertainment establishment which is:

      (1)   Designed or used for the viewing of adult material by one (1) or more persons; and

      (2)   Is accessible to any person, regardless of whether a fee is charged for access.

The term “adult booth” includes but is not limited to a “peep show” booth, or other booth used to view “adult material.”

   (d)   “Adult Dancing Establishment” means an establishment, where employees display or expose specified anatomical areas to others, regardless of whether the employees actually engage in dancing.

   (e)   “Adult Entertainment Establishment / Adult Entertainment Use” means any adult arcade, adult theater, adult bookstore / video store, adult motel, or adult dancing establishment; or any establishment or business operated for commercial gain where any employee, operator or owner exposes his/her specified anatomical areas for viewing by patrons, including but not limited to: massage establishments, tanning salons, sexually oriented escort services, modeling studios, or lingerie studios, whether or not licensed pursuant to Chapters 503, 715, or 4713 of the Ohio Revised Code. Excluded from this definition are any educational institutions where the exposure of the specified anatomical area is associated with a curriculum or program.

   (f)   “Adult Material” means any one or more of the following, regardless of whether it is new or used:

      (1)   Books, magazines, periodicals or other printed matter, photographs, films, motion pictures, video cassettes, slides, or other visual representations; recordings, other audio matter; and novelties or devices which have as their primary or dominant theme subject matter depicting, exhibiting, illustrating, describing or relating to specified sexual activities or specified anatomical areas; including but not limited to or

      (2)   Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities.

   (g)   “Adult Motel” means a hotel, motel or similar commercial establishment which 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 depiction or description 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.

   (h)   “Adult Theater” means an establishment operated for commercial gain which consists of an enclosed building, or a portion or part thereof, or an open-air area used for viewing of adult material. “Adult motels,” “adult arcade,” “adult booth,” and “adult motion picture theater” are included within the definition of “adult theater.” An establishment which has “adult booths” is considered to be an “adult theater.”

      (1)   “Adult Video Store” - see “Adult Bookstore.”

   (j)   “Commercial Gain” means operated for pecuniary gain. For the purpose of this Chapter, operation for commercial or pecuniary gain shall not depend on actual profit or loss.

   (k)   “Commercial Establishment” means any business, location, or place which conducts or allows to be conducted on its premises any activity for commercial gain.

      (1)   “Educational Institution” means a premises or site upon which there is an institution of learning, whether public or private, which conducts regular classes and/or courses of study required for accreditation. The term ‘educational institution” includes a premises or site upon which there may be a day care center, nursery school; kindergarten, elementary school, junior high school, senior high school; professional institution or an institution of higher education including a community college, junior college, or four (4) year college or university; libraries, art galleries and museums open to the public; or any special institution of learning. However, the term “educational institution” does not include a premises or site upon which there is a vocational institution operated for commercial gain.

   (m)   “Establishment” means the site or premises on which the Adult Entertainment Establishment is located, including the interior of the establishment, or portion thereof, upon which certain activities or operations are being conducted for commercial gain.

   (n)   “Operator” means any person who engages or participates in any activity which is necessary to or which facilitates the operation of an adult entertainment establishment, including but not limited to the licensee, manager, owner, doorman, bouncer, bartender, dancer, disc jockey, sales clerk, ticket taker, movie projectionist, or supervisor.

   (o)   “Residential” means all areas which are residential by nature or designated “residential,” “residence,” “family,” or “multiple-family” by any local comprehensive plan or zoning ordinance or ordinance.

   (p)   “Specified Anatomical Areas” means:

      (1)   Less than completely and opaquely covered:

         A.   Human genitals or pubic region.

         B.   Buttock.

         C.   Female breast below a point immediately above the top of the areola.

      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   (q)   “Specified Sexual Activities” means:

      (1)   Human genitals in a state of sexual stimulation, arousal or tumescence; or,

      (2)   Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sexual intercourse, or sodomy; or

      (3)   Fondling or other erotic touching of human genitals, pubic region, buttock, anus, or female breast; or

      (4)   Excretory functions as part of or in connection with any of the activities set forth in subsection (a) and (b).

         (Ord. 2023-115. Passed 12-19-23.)