It is the intent of the City in enacting this Chapter to regulate in the specified manner adult entertainment establishments and sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of this City and establish reasonable regulations to prevent the deleterious secondary effects of adult entertainment establishments and sexually oriented. businesses within this City. The provisions of this content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of the City in enacting this Chapter to restrict or deny, or authorize the restriction or denial of, access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize the denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market. Neither is it the intent nor effect of the City in enacting this Chapter to condone or legitimize the distribution or exhibition of obscene material.
(Ord. 10-157. Passed 7-6-10.)
(Ord. 10-157. Passed 7-6-10.)
(a) In this Chapter:
(1) "Adult bookstore," "adult cabaret," "adult motion picture theater," "adult video store," "characterized by," "nude," "nudity," "state of nudity," "seminude," "state of seminudity," "sexual device," "sexual device shop," "sexual encounter center," and "specified anatomical areas" have the same meanings as in Section 761.02 of Chapter 761 of the City's Codified Ordinances; and
(2) "Adult arcade," "adult entertainment," "adult entertainment establishment," "adult novelty store," "adult theater," "distinguished or characterized by their emphasis upon," "nude or seminude model studio," "regularly features," "regularly shown," and "sexual encounter establishment" have the same meanings as in Section 761.02 of Chapter 761 of the City's Codified Ordinances.
(b) "EMPLOYEE" means any individual on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent,
or otherwise, bud does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
or otherwise, bud does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
(c) "IMMEDIATE FAMILY" means a person's spouse residing in the person's household, parents, siblings of the whole or of the half blood, and children, including adopted children.
(d) "LICENSE" means a license to act or operate a sexually oriented business, issued pursuant to this Chapter.
(e) "LICENSEE" means a person in whose name a license to operate has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to an Employee license issued under this Chapter, licensee means an employee as defined by sub-section (b) above in whose name a license has been issued authorizing employment at sexually oriented business.
(f) "OPERATE" means to control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "Cause to be Operated" shall mean to cause to function or to put or keep in operation.
(g) "OPERATOR" means any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
(h) "PATRON" means any individual on the premises of a sexually oriented business, except for any of the following:
(1) An operator or an employee of the sexually oriented business;
(2) An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;
(3) A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee's or volunteer's duties as a public employee or volunteer's duties as a public employee or volunteer.
(i) "PERSON" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(j) "PREMISES" means the real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited, to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control, or supervision of the owner or operator of the sexually oriented business.
(k) "SEXUALLY ORIENTED BUSINESS" means an adult arcade, adult bookstore, adult cabaret, adult entertainment establishment, adult motion picture theater, adult novelty store, adult theater, adult video store, sexual device shop, sexual encounter center, sexual encounter establishment, escort agency or adult motel as defined by Section 761.02, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.
(Ord. 10-157. Passed 7-6-10.)
(Ord. 10-157. Passed 7-6-10.)
(a) Nothing contained in this Chapter is intended, or shall be construed, to permit or authorize activities which are unlawful under state law or City ordinance. It is unlawful and a violation of this Chapter for an operator to knowingly or intentionally violate the provisions of this Chapter or to allow, either knowingly or intentionally, an employee or a patron to violate the provisions of this Chapter. It shall be a defense to prosecution that the person prosecuted was powerless to prevent the violation.
(b) No person shall knowingly, in a sexually oriented business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
(c) No employee shall knowingly, in a sexually oriented business, appear within view of any patron in a semi-nude condition unless the employee, while semi-nude, shall be and remain at least six (6) feet from all patrons and on a fixed stage at least twenty-four (24) inches from the floor and at least thirty-six (36) inches from all parts of a clearly designated area in which patrons will be present.
(d) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. If the premises has two (2) or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one (1) of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by that operator station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
Premises which operate as an adult bookstore, adult video store, adult novelty store or sexual device shop are exempt from the operator's station requirements as set forth above.
(e) Sexually oriented businesses that do not have stages or interior configurations which meet at least the minimum requirements of this section shall be given one hundred eighty (180) days from the effective date of Section 535.03 to comply with the stage and building requirements of this section. During said one hundred eighty (180) days, any employee who appears within view of any patron in a semi-nude condition shall nevertheless remain, while semi-nude, at least six (6) feet from all patrons.
(f) No patron who is not a member of the employee's immediate family shall knowingly touch an employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or semi-nude.
(g) No employee who regularly appears nude or seminude on the premises of a sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or the clothing of a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or allow the patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family to touch the employee or the clothing of the employee.
(h) Minors Prohibited. No person under the age of 18 years shall be permitted on the premises of a sexually oriented business.
(i) No operator of a sexually oriented business shall recklessly employ a person who has been convicted of Ohio R.C. 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08(B), (C) or (D), 2907.21, 2907.22, 2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32(A)(1)(3), 2907.321, 2907.322, 2907.323, 2907.33 or 2907.34, or any other equivalent municipal ordinance offense, or other equivalent offense in another state, to work in such business.
(j) Hours of Operation. No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to Chapter 4303 of the Revised Code may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented business activity in which the performers appear nude.
(k) The provisions of Section 535.03, shall not apply to an employee's use of any restroom or any single-sex dressing room that is accessible only to employees, and live performances in which the patron and employee are separated by an impenetrable barrier such as, but not limited too, glass or Plexiglas.
(Ord. 10-157. Passed 7-6-10.)
(Ord. 10-157. Passed 7-6-10.)
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