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It is the purpose of this chapter to regulate sexually oriented businesses to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations regarding sexually oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(Ord. 41-98. Passed 5-11-98.)
As used in this chapter, certain terms are defined as follows:
(a) "Adult arcade" means 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."
(b) "Adult bookstore" or "adult video store" means a commercial establishment which utilizes twenty five percent (25%) or more of its retail selling area for the purpose of the sale or rental for any form of consideration of 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 "specified sexual activities" or "specified anatomical areas;" or
(2) Instruments, devices, or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with "specified sexual activities."
(c) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(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."
(d) "Adult motel" means 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 adult type of photographic reproductions; or
(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.
(e) "Adult motion picture theater" means 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 exposure of "specified sexual activities" or"specified anatomical areas."
(f) "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."
(g) "Chief of Police" means the chief of police of the City of Medina or his designated agent.
(h) "Employee" means a person who performs any service on the premises of a sexually oriented 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.
(i) "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 for another person.
(j) "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a gratuity or other consideration.
(k) "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 any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
(1) "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.
(m) "Nudity" or "state of nudity" shall have the same meaning as defined by ORC 2907.01.
(n) "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 whether or not that person is an owner, part owner, or sexually oriented business licensee of the business.
(o) "Person" means an individual.
(p) "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.
(q) "Residential district" shall have the same meaning as defined by the Medina City Zoning Code.
(r) "Residential use" means a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground use.
(s) "School" means any public or private educational facility 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 and universities.
(t) "Semi-nude" 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.
(u) "Sexual encounter center" means a business or commercial enterprise that, as one of its primary 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 or more of the persons is in a state of nudity.
(v) "Sexually oriented business" means 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.
(w) "Sexually oriented business licensee" means an individual in whose name a sexually oriented business license has been issued, and in the case of a "sexually oriented business employee licensee," a person in whose name a sexually oriented business license has been issued authorizing employment in a sexually oriented business.
(x) "Specified anatomica1 areas" means human genitals in a state of sexual arousal.
(y) "Specified sexual activities" means and 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; and
(4) Excretory functions as part of or in connection with any of the activities set forth in subsections (y)(l) to (3) hereof.
(z) "Substantial enlargement" of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area exists as of the date of the issuance of the sexually oriented business license.
(aa) “Transfer of ownership or control" of a sexually oriented business means and includes 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 business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 41-98. Passed 5-11-98.)
Sexually oriented businesses are classified as follows:
(a) Adult arcades;
(b) Adult bookstores or adult video stores;
(c) Adult cabarets;
(d) Adult motels;
(e) Adult motion picture theaters;
(f) Adult theaters;
(g) Escort agencies;
(h) Nude model studios, and
(i) Sexual encounter centers.
(Ord. 41-98. Passed 5-11-98.)
(a) No person shall operate a sexually oriented business without a valid "Sexually Oriented Business License" issued by the City for the particular type of sexually oriented business
classification.
(b) All applications for a "Sexually Oriented Business License" must be made on forms provided by the Chief of Police.
(Ord. 41-98. Passed 5-11-98.)
(a) No person who operates a sexually oriented business shall employ a person who does not have a"Sexually Oriented Business Employee License".
(b) No person shall obtain employment with a sexually oriented business without having secured a "Sexually Oriented Business Employee License" issued by the City.
(c) All applications for a "Sexually Oriented Business Employee License" must be made on forms provided by the Chief of Police.
(Ord. 41-98. Passed 5-11-98.)
(a) The Chief of Police shall approve the issuance or renewal of a "Sexually Oriented Business License" to an applicant within sixty (60) days after receipt of an application unless the Chief of Police finds one or more of the following to be true:
(1) An applicant is under eighteen years of age.
(2) An applicant, applicant's spouse or person residing with the applicant, is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant, applicant's spouse or person residing with the applicant.
(3) An applicant has failed to provide information reasonably necessary for issuance of the sexually oriented business license or has falsely answered a question or request for information on the application form.
(4) An applicant, applicant's spouse or person residing with the applicant has been convicted of any violation of a provision of this chapter. The fact that a conviction is being appealed shall have no effect.
(5) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter.
(6) The sexually oriented business license fee required by this chapter has not been paid.
(7) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
(8) An applicant has been convicted of:
A. Any felony;
B. Any offense listed in ORC Chapter 2907;
C. Any offense listed in ORC 2950.01, including all subsections of such offenses, regardless of whether or not such offenses are classified by the State of Ohio as "sexually oriented offenses", and regardless of the ages of the persons involved in such cases, a violation of ORC 2919.22, 2919.23, 2919.24, or of an offense defined by existing or former laws of this State, present or former ordinances of any municipality of any state, former or present law of any state or of the United States, or a violation under the law applicable in military courts that is or was substantially equivalent to any of the listed offenses, or of an attempt to commit, conspiracy to commit, or complicity to commit any such offenses.
(9) An applicant proposes a site which does not comply with the location regulations as set forth in Section 711.21
hereof.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(c) The "Sexually Oriented Business License" shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business.
(d) All "Sexually Oriented Business Licenses" shall be posted in a conspicuous place at or near the entrance of the sexually oriented business so that they may be easily read at any time. (Ord. 41-98. Passed 5-11-98.)
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