(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Commercial establishment.” An entity that is open to the public and to which either of the following applies:
A. It has a substantial or significant portion of its stock-in-trade of the sale, rental or viewing of visual materials or performances depicting sexual conduct.
B. It has as a principal business purpose the sale, rental or viewing of visual materials or performances depicting sexual conduct.
(2) “Visual materials or performances.” Films, videos, CD-ROM discs, streaming video or other motion pictures.
(b) No person who has custody, control or supervision of a commercial establishment, with knowledge of the character of the visual material or performance involved, shall knowingly permit the use of, or offer the use of, viewing booths, stalls or partitioned portions of a room located in the commercial establishment for the purpose of viewing visual materials or performances depicting sexual conduct unless both of the following apply:
(1) The inside of each booth, stall or partitioned room is visible from, and at least one side of each booth, stall or partitioned room is open to, a continuous and contiguous main aisle or hallway that is open to the public areas of the commercial establishment and is not obscured by any curtain, door or other covering or enclosure.
(2) No booth, stall or partitioned room is designed, constructed, pandered or allowed to be used for the purpose of encouraging or facilitating nudity or sexual activity on the part of or between patrons or members of the public, and no booth, stall or partitioned room has any aperture, hole or opening for the purpose of encouraging or facilitating nudity or sexual activity.
(c) It is an affirmative defense to a charge under this section that either of the following applies to the involved visual materials or performances:
(1) The visual materials or performances depicting sexual conduct are disseminated or presented for a bona fide medical, scientific, educational, religious, governmental, judicial or other proper purpose and by or to a physician, psychologist, sociologist, scientist, teacher, person pursuing bona fide studies or research, librarian, member of the clergy, prosecutor, judge or other person having a proper interest in the visual materials or performances.
(2) The visual materials or performances depicting sexual conduct, taken as a whole, would be found by a reasonable person to have serious literary, artistic, political or scientific value or are presented or disseminated in good faith for a serious literary, artistic, political or scientific purpose and are not pandered for their prurient appeal.
(d) Whoever violates this section is guilty of permitting unlawful operation of viewing booths depicting sexual conduct, a misdemeanor of the first degree.
(ORC 2907.38)