(a) ADULT ARCADE means any place to which the public is permitted or invited where one (1) or more “video booths” and/or “live viewing booths” are available to patrons where the images shown and/or live entertainment presented are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(b) ADULT CABARET means a nightclub, bar, restaurant, or similar commercial establishment that as a substantial or significant portion of its business regularly features:
(1) Persons who appear in areas of the establishment open to patrons in a “state of nudity” or “state of semi-nudity” so as to expose to view “specified anatomical areas”; or
(2) Any live entertainment, exhibition, performance, or dance by persons whose entertainment, exhibition, performance, or dance is characterized by an emphasis on the depiction or description of “specified anatomical areas” or “specified sexual activities”; or
(3) “Adult media.”
(c) ADULT MEDIA means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”
(d) ADULT MEDIA STORE means an establishment that rents and/or sells adult media and that meets any of the following tests:
(1) More than forty percent (40%) of the gross public floor area is devoted to adult media; or
(2) More than forty percent (40%) of the stock in trade consists of adult media; or
(3) A media store which advertises or holds itself out in any forum as a Sexually Oriented Business by use of such terms as “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a Sexually Oriented Business.
(e) ADULT MOTEL means a hotel, motel or similar commercial establishment as regulated by Licensing Ordinance 28-01; Section 777.17, Prohibition of Adult Motels, which:
(1) Offers accommodations to the public for any form of consideration; and 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 sex-oriented type of photographic reproductions; or
(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 sub-rent the room for a period of time that is less than ten (10) hours.
(f) ADULT MOTION PICTURE THEATER means a commercial establishment occupying a building or portion of a building (including any portion of a building which contains more than 150 square feet) where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images are regularly shown, if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian, or if, as a prevailing practice, the films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images presented are characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(g) ADULT NOVELTY STORE means a business offering goods for sale or rent and that meets any of the following tests:
(1) More than five percent (5%) of the stock in trade of the business consists of “sexually-oriented novelties or toys” and more than five percent (5%) of the gross public floor area of the business is devoted to the display of “sexually-oriented novelties or toys”; or
(2) It offers for sale items from any two (2) of the following categories: “adult media,” “sexually-oriented novelties or toys,” apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business and occupies more than ten percent (10%) of the gross public floor area of the business; or
(3) Which advertises or holds itself out in any forum as a Sexually Oriented Business by use of such terms as “sex toys, “marital aids,” “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a Sexually Oriented Business.
(4) ADULT NOVELTY STORE shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.
(h) ADULT THEATER means a theater, concert hall, auditorium, or similar commercial establishment that as a substantial or significant portion of its business regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by an emphasis on the depiction or description of “specified anatomical areas,” “specified sexual activities,” or live entertainment of an erotic nature that is characterized by an emphasis on the depiction or description of “specified anatomical areas,” or “specified sexual activities”.
(i) 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 another Sexually Oriented Business to any other existing Sexually Oriented Business; or
(4) The relocation of any Sexually Oriented Business.
(j) GROSS PUBLIC FLOOR AREA means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
(k) 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:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
(2) 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
(3) 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 (3) days in advance of the class; and where no more than one (1) semi-nude model is on the premises at any one time.
(l) 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 simulates any of these anatomical areas.
(m) SEMI-NUDITY or SEMINUDE 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, but shall not include any portion of the cleavage 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.
(n) SEXUAL ENCOUNTER CENTER means a commercial enterprise that, as one (1) of its principal business purposes, 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 (1) or more of the persons is semi-nude.
(3) SEXUAL ENCOUNTER CENTER shall not include:
A. Any establishment or professional practice operated or conducted by a medical practitioner, physical therapist, rehabilitation therapist, or a massage therapist, if such person is licensed by or registered with the State of Ohio, or licensed by the City of Lakewood, while practicing within the scope of such license or registration and according to the standards and ethics of such profession or of any person acting under the supervision of a medical practitioner, physical therapist, rehabilitation therapist, or massage therapist; or
B. Any establishment or professional practice operated or conducted by a health care professional licensed in the State of Ohio while practicing within the scope of such license and according to the standards and ethics of such profession or of any person acting under the supervision of a licensed health care professional.
(o) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult media store, adult novelty store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. “Sexually Oriented Business” does not include an adult motel as defined above.
(p) SEXUALLY ORIENTED NOVELTIES OR TOYS means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs or for use in connection with “specified sexual activities.”
(q) 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 female breast below a point immediately above the top of the areola.
(r) SPECIFIED SEXUAL ACTIVITIES means 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, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities set forth in subsection (r)(1) and (2) above.
(s) SUBSTANTIAL ENLARGEMENT of a Sexually Oriented Business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this section takes effect.
(t) STOCK IN TRADE means the individual items displayed in areas open to the public and offered for sale or rental in an establishment.
(Ord. 25-01. Passed 7-2-2001.)