§ 111.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ADULT ARCADE.  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 maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
   ADULT BOOKSTORE or ADULT VIDEO STORE.  A commercial establishment which as one of its principal business purposes openly advertises or displays or offers for sale or rental for any form of consideration any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe specific sexual activities or specified anatomical areas; or
      (2)   Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
   ADULT CABARET.  A nightclub, bar, restaurant or similar commercial establishment which regularly features:
      (1)   Persons who appear in a state of nudity;
      (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 depiction or description of specified sexual activities: or specified anatomical areas.
   ADULT MOTEL.  A 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 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 type of photographic reproductions;
      (2)   Offers a sleeping room for rent for a period of time that is less than ten 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 hours.
   ADULT MOTION PICTURE THEATER.  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 or description of specified sexual activities or specified anatomical areas.
   ADULT THEATER.  A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
   DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.  The Director of the Department of Public Safety of the City of Heath or his or her designated agent.
   ESCORT.  A person who, for 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.
   ESCORT AGENCY.  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.
   ESTABLISHMENT.  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.
   LICENSEE.  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.
   NUDE MODEL STUDIO.  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 who pay money or any form of consideration.
   NUDITY or A STATE OF NUDITY.
      (1)   The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
      (2)   A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
   PERSON.  An individual, proprietorship, trust, partnership, corporation, association or other legal entity.
   RESIDENTIAL DISTRICT. A one-family, two-family, townhouse or multiple family district as defined in §§ 159.01 through 159.06.
   RESIDENTIAL USE.  A one-family, two-family, townhouse or multiple family use as defined in §§ 159.01 through 159.06.
   SCHOOL. Any public or private nursery, preschool, day care center, learning center, elementary or secondary school.
   SEMI-NUDE.  A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
   SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its primary business poses, offers for any form of consideration:
      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nude.
   SEXUALLY ORIENTED BUSINESS.  An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
   SPECIFIED ANATOMICAL AREAS.  Human genitals in a state of sexual arousal.
   SPECIFIED SEXUAL ACTIVITIES.  Includes any of the following:
      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
      (3)   Masturbation, actual or simulated; or
      (4)   Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (3) above.
   SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS.  The increase in floor area occupied by the business by more than 25%, as the floor area exists on the effective date of this chapter.
   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS.  And includes any of the following:
      (1)   The sale, lease or sublease of the business;
      (2)   The transfer of securities or other ownership interest which constitute a direct, indirect, legal, equitable or beneficial controlling interest in the business, whether by sale, sex change or similar means; or
      (3)   The establishment of a trust, gift or other similar legal device which transfers the direct, indirect, legal, equitable or beneficial 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 to a person meeting all of the requirements of § 111.05 below, who shall have notified the Director of the Department of Public Safety of the transfer and furnished all of the information required to be submitted in an application for a license, within 60 days of the transfer.
(2005 Code, § 6-2-2)