As used in this chapter:
(1) "Adult Arcade" means any place to which the public is permitted or invited wherein equipment is maintained for the purpose of displaying 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 anatomical areas" or by "specified sexual activities," whether or not a fee is charged for such display.
(2) "Adult Bookstore", "Adult Novelty Store", or "Adult Video Store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Media of any format, including, but not limited to, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes in any format or other video reproductions, slides, computer readable media, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
B. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial 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 characterized as an "adult bookstore", "adult novelty store", or "adult video store." Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "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 of any form, the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(3) "Adult Cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear in a state of nudity or semi-nudity;
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities";
C. Live performances of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
D. Audio and/or visual reproductions, in any format, of performances which are characterized by the depiction or description of "specified anatomical areas" or by "specified sexual activities."
(4) "Adult Motel" means a hotel, motel, or similar commercial establishment which:
A. 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 reproduction;
B. Offers a sleeping room for rent for a period of time that is less than ten hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(5) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, audio and/or visual reproductions, in any format, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(6) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, semi-nudity, or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
(7) "Chief of Police" means the Chief of Police of the City of Lyndhurst, or his or her designated agent;
(8) "Employee" means a person who performs any service on the premises of a sexually oriented business or adult entertainment business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(9) "Escort" means 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 or any other sexually oriented act for another person.
(10 "Escort Agency" means a person or business association who or which furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes, for a gratuity or other consideration.
(11) "Establishment" means any of the following:
A. The opening or commencement of any sexually oriented business or adult entertainment business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business or adult entertainment business, to any sexually oriented business or adult entertainment business;
C. The addition of any sexually oriented business or an adult entertainment business to any other sexually oriented business or adult entertainment business; and
D. The relocation of any sexually oriented business or adult entertainment business.
(12) "Health Commissioner" means the Cuyahoga County Commissioner of Health or his or her authorized representative.
(13) "Licensee" means a person in whose name a license to operate a sexually oriented business or adult entertainment business has been issued, as well as the individual listed as the applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business or adult entertainment business.
(14) "Nude Model Studio" means 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, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
(15) "Nudity" or "State of Nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state. Additionally, "nudity" or "state of nudity" shall have the same meaning as defined by Ohio R.C. 2907.01.
(16) "Operates" or "Causes to Operate" means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business or adult entertainment business, whether or not that person is an owner, part owner, or sexually oriented business or adult entertainment business licensee of the business.
(17) "Person" means an individual, proprietorship, partnership, corporation, association, limited liability company, or any other legal entity.
(18) "Public Park" 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, County, or State.
(19) "Residential District" shall have the same meaning as defined by the City of Lyndhurst Planning and Zoning Code.
(20) "Residential Use" shall have the same meaning as defined by the City of Lyndhurst Planning and Zoning Code.
(21) "School" means any public or private educational facility, including, but not limited to, child day-care facilities, nursery schools, pre-schools, 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.
(22) "Semi-Nude" or "in a Semi-Nude Condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
(23) "Sexual Encounter Center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B 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.
(24) "Sexually Oriented Business" or "Adult Entertainment Business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, adult motel, escort agency, nude model studio, or sexual encounter center.
(25) "Sexually Oriented Business or Adult Entertainment Business Licensee" means an individual in whose name a sexually oriented business or adult entertainment business license has been issued, and, in the case of a "sexually oriented business or adult entertainment business employee licensee," a person in whose name a sexually oriented business or adult entertainment business license has been issued authorizing employment in a sexually oriented business or adult entertainment business.
(26) "Specified Anatomical Areas" means:
A. The human male genitals in a discernibly turgid state (state of arousal), even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
(27) "Specified Criminal Activity" means any of the following offenses:
A. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
B. For which:
1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period.
C. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or person residing with the applicant.
(28) "Specified Sexual Activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including, but not limited to, intercourse, oral copulation, or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in conjunction with any of the activities set forth in paragraphs (28)A. to C. hereof.
(29) "Substantial Enlargement" of a sexually oriented business or an adult entertainment business means the increase in floor area occupied by the business by more than twenty-five percent, as the floor areas exist as of the date of the issuance of the sexually oriented business or adult entertainment business license.
(30) "Transfer of Ownership or Control" of a sexually oriented business or an adult entertainment business means and includes any of the following:
A. The sale, lease, or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
C. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except by transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(31) "Viewing Booth" means any private or semi-private booth, or any viewing room of less than 150 square feet of floor space, to which the public might gain admittance, wherein a performance (whether live or reproduced in any fashion) is presented to five or fewer persons at one time.
(Ord. 99-35. Passed 7-6-99.)