The definitions enumerated below may contain references to nudity or a state of nudity. Such references should not be construed or interpreted to permit nudity or a state of nudity in any sexually oriented business in the village. In fact, this chapter expressly prohibits such. The definitions are provided for illustrative purpose only. The words defined here shall have these meanings regardless of whether they are capitalized, in quotation marks, or otherwise noted as defined terms. For the purposes of this chapter, certain terms and words are defined as follows:
APPLICANT. Any person required by § 112.08 herein to sign an application for permit to operate a sexually oriented business.
CHURCH or CHURCH GROUNDS. Buildings used for public worship, and the ground attached to them necessary for the proper occupancy, use and enjoyment by a fellowship of believers, congregation, society, corporation, convention or association that is formed primarily or exclusively for religious purposes and that is not formed for the private profit of any person.
CONVICTION or CONVICTED. Shall include a plea of guilty or nolo contendre or a finding of guilt by a court of law, but shall not include convictions overturned on appeal prior to the date of application under this chapter.
DWELLING. Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or trailer coach or any other temporary or transient structure or facility.
(1) MULTIPLE. A building or portion thereof occupied or constructed to be occupied separately by more than two families or housekeeping units.
(2) SINGLE FAMILY. A building occupied or constructed to be occupied exclusively for residential purposes by one family or housekeeping unit.
(3) TWO FAMILY. A building occupied or constructed to be occupied exclusively and separately by not more than two families or housekeeping units.
EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage or other compensation by the operator of said business, or any form of remuneration, tips of any kind or gratuities from the operator or customers of said business.
ENTERTAINER. Any person who provides sexually oriented adult entertainment in an adult cabaret or sexual encounter establishment whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment.
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 of the sexually oriented businesses defined in this chapter;
(3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business.
INDEPENDENT CONTRACTOR. A person who contracts with a sexually oriented business establishment to provide services on behalf of the sexually oriented business to the patrons of such business whether or not the individual receives any remuneration, gratuity or tips of any kind, or pays the owner or operator for the right to perform or entertain in the sexually oriented business. The intention of this definition is to exclude those persons who are not employees and who are not reasonably expected to have contact with customers or patrons of the sexually oriented business, including, but not limited to, persons on the permitted premises performing repair or maintenance services or delivering goods to the permitted premises.
LIBRARY. An institution in which literary and artistic materials, including but not limited to books, periodicals, newspapers, pamphlets, and prints, whether in print or digital form, are kept for reference, reading or lending.
MANAGER. Any person who participates directly in the day-to-day management of the sexually oriented business.
NUDE, NUDITY or STA TE OF NUDITY. A live person exhibiting:
(1) The anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(2) A state of dress which fails to opaquely and fully cover anus, male or female genitals, pubic region or areola or nipple of the female breast.
OPERATE or CAUSE TO BE OPERATED. To cause to function or to put or keep in operation.
OPERATOR. Any persons on the permitted premises of a sexually oriented business who are authorized to exercise overall operational control of the business or who cause to function or put or keep in operation the business. 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 permittee of the business.
OWNER. The person or entity so listed on the application for a permit to operate a sexually oriented business or, in the event no such application is made, means and includes the custodian, manager, operator or person in charge of the business.
PERMITTED PREMISES. Any premises that is the site of a business classified as a sexually oriented business and that requires a permit under this chapter, or is the site of a prospective sexually oriented business for which a permit is being requested.
PERMITTEE. A person or entity in whose name a permit to operate a sexually oriented business has been issued, as well as any individual listed as an applicant on the application for a permit of an entity for a sexually oriented business.
PERSON. The operator and any individual, proprietorship, partnership, corporation, association, or other legal entity that owns or operates the sexually oriented business.
PUBLIC PARK OR RECREATION AREA. 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 village which is under the control, operation, or management of any governmental entity.
RESIDENTIAL DISTRICT OR USE. Any zoning district set forth in Chapter 154 of the Village of Marblehead, Ohio, Zoning Code, that contains the word residential in its chapter, and the Planned Residential District as set forth in § 154.056(1) of the Village of Marblehead, Ohio Zoning Code.
SCHOOL. Any public or private educational facility licensed by the State of Ohio including but not limited to child day care facilities, nursery schools, preschools, 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, colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE, SEMI-NUDITY or A STATE OF SEMI-NUDITY. A state of dress in which opaque clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.
SEXUALLY ORIENTED ADULT ENTERTAINMENT. A live performance at an adult cabaret.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or semi-nude model studio, as the terms are defined in this chapter. Those businesses defined as follows:
(1) ADULT ARCADE. A commercial business or operation where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, or other visual representations, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, digital video discs, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(2) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial business or operation which has as a significant or substantial (i.e., 50% or more) portion of its stock-in-trade or derives a significant or substantial (i.e., 50% or more) portion of revenues or devotes a significant or substantial (i.e., 50% or more) portion of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, digital video discs, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of persons.
A commercial business or operation may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as the definition above is met.
(3) ADULT CABARET. A nightclub, bar, restaurant, private club, bottle club, juice bar or similar commercial business or operation, whether or not alcoholic beverages are served, where:
(a) Persons appear nude or semi-nude or in a state of nudity or semi-nudity;
(b) Live performances take place which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or,
(c) Films, motion pictures, video cassettes, digital video discs, slides, or other photographic reproductions shown or displayed are characterized by the depiction or description of specified sexual activities or specified anatomical areas. References above to nudity should not be construed or interpreted to permit nudity or a state of nudity in an ADULT CABARET. PRIVATE CLUB shall mean an establishment where patrons may bring in their own bottle or other container of alcohol of (including beer, wine or liquor) and purchase a mixture for the same or use of a glass from the club or business.
(4) ADULT MOTEL. A motel, hotel or similar commercial business or operation which offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of- way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.
(5) ADULT MOTION PICTURE THEATER. A commercial business or operation where films, motion pictures, video cassettes, digital video discs, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
(6) ADULT THEATER. A theater, concert hall, auditorium, or similar commercial business or operation where, for any form of consideration, persons appear in a state of nudity or semi-nudity or live performances take place which are characterized by exposure of specified anatomical areas or by specified sexual activities which business or commercial operation is not customarily open to the general public during such appearances or performances because it excludes minors by reason of age.
(7) ESCORT AGENCY. A person or business association which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. ESCORT means a person who, for any form of 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(s) or to privately appear in the state of nudity or semi-nudity for another person(s).
(8) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with "specified sexual activities" is offered, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder, nor by any other individual licensed by the State of Ohio to perform massages.
(9) SEMI-NUDE MODEL STUDIO. Any place where a person appears in a state of nudity or semi-nudity or displays specified anatomical areas for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Reference above to nudity should not be construed or interpreted to permit nudity or a state of nudity in a SEMI-NUDE MODEL STUDIO.
(10) SEXUAL ENCOUNTER CENTER. A commercial business or operation, that as one of its principal business purposes, offers for any form of consideration, (i) a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas"; or (ii) 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-nudity. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Ohio engages in medically approved and recognized sexual therapy. Reference above to nudity should not be construed or interpreted to permit nudity or a state of nudity in a SEXUAL ENCOUNTER CENTER.
The above listed ((1) through (10)) shall be termed as sexually oriented business classifications.
SIMULATE. To assume the mere appearance of something, without the reality; to imitate or pretend.
SPECIFIED ANATOMICAL AREAS. Includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, anus, or areolas or nipple of female breasts; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED CRIMINAL ACT. Sexual crimes against children, sexual abuse, rape or the following crimes connected with another sexually oriented business: distribution of material harmful to minors, prostitution, or tax violations. These crimes must include the element of knowledge to constitute a SPECIFIED CRIMINAL ACT on the part of the accused.
SPECIFIED SEXUAL ACTIVITIES. Means and includes any of the following:
(1) Fondling or other intentional touching of human genitals, pubic region, anus, or female breast,
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated;
(4) Human genitals in a state of sexual stimulation, arousal or tumescence;
(5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (3) of this subsection.
TRANSFER OF OWNERSHIP OR CONTROL. Shall mean any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the sexually oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING ROOM. The room, booth or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video or other video reproduction.
(Ord. 19, 2008, passed 1-22-2009)