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(a) No person shall appear in a state of nudity or recklessly allow another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(b) No nude model studio shall place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ord. 41-98. Passed 5-11-98.)
(a) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two (2) or more times in a period of time that is less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in this chapter.
(b) No person shall, while in control of a sleeping room in a hotel, motel, or similar commercial establishment that does not have a sexually oriented business license, rent or subrent a sleeping room to a person and, within ten (10) hours from the time the room is rented, rent or subrent the same sleeping room again.
(c) For the purpose of this section, the terms “rent” or “subrent” mean the act of permitting a room to be occupied for any form of consideration.
(Ord. 41-98. Passed 5-11-98.)
(a) A sexually oriented business, other than an adult motel, which exhibits on the premises a film, video cassette, or other video reproduction which depicts "specified sexual activities" or "specified anatomical areas" shall be configured in such a manner that:
(1) There is at all times an unobstructed view from a manager's station of every area of the interior premises to which any patron or customer is permitted access for any purpose, excluding restrooms. The view required in this section must be by direct line of sight from the manager's station.
(2) If the premises has two (2) or more manager's stations designated, then the interior premises shall be configured in such a manner that there is an unobstructed view from at least one of the manager's stations of each area of the interior premises to which any patron or customer is permitted access for any purpose, excluding restrooms.
(3) A closed circuit television system shall be maintained and operated with a television monitor(s) located in the area of the manager's station(s), in the clear view of the public, and available for continuous viewing by the manager on duty.
(4) A camera or cameras shall be installed in any booth areas and shall scan each hallway and aisle way of the entranceway to any booth or room.
(5) The closed circuit television system shall operate on a switcher system so that television monitor(s) will switch sequentially and continuously from one camera to another. The continuous switching process will be timed to allow an adequate view of each area surveyed by each camera while accomplishing a complete circuit within less than one minute. To the extent necessary, more than one television monitor shall be installed so that there will be adequate circuits to provide a complete view of the entire interior premises, including any booth areas, but excluding restrooms, in less than one minute.
(6) No video reproduction equipment is permitted in restrooms.
(7) In the event of a malfunction of any of the closed circuit television equipment described in this section, the sexually oriented business licensee shall act promptly to repair or cause to be repaired any such malfunction within twenty-four (24) hours, and shall maintain documentation of the date and time of any such malfunction and all measures taken to effect a repair. If an equipment malfunction cannot be repaired within twenty-four (24) hours, those areas of the premises which are not able to be monitored as a result of the malfunction shall be closed until repairs are completed.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate at all times every place to which patrons or customers are permitted access at an illumination not less than that which is required in the Ohio Basic Building Code.
(b) The sexually oriented business licensee must provide that at least one employee is on duty and situated in each manager's station at all times that any patron or customer is present inside the premises.
(c) The sexually oriented business licensee must post signs of adequate size for clear visibility to give notice to patrons and customers that the areas therein are continuously monitored by closed circuit television cameras with monitors.
(d) No person shall recklessly fail to fulfill any duty described in this section.
(Ord. 41-98. Passed 5-11-98.)
(a) Except as provided by subsection (b) or (c) hereof, any person violating this chapter, upon conviction, is guilty of a misdemeanor of the first degree punishable by a fine not to exceed one thousand dollars ($1,000.00), six months in jail or a combination of both.
(1) By a college, junior college, or university supported entirely or partly by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or
(3) In a structure:
A. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
B. Where in order to participate in a class a student must enroll at least three days in advance of the class; and
C. Where no more than one nude model is on the premises at any one time.
(c) It is an affirmative defense, as defined by ORC 2901.05, to prosecution under Sections 711.04(a) or 711.21 that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value. (Ord. 41-98. Passed 5-11-98.)