729.02  DEFINITIONS.
   For the purposes of this chapter, certain terms and words are defined as follows:
   (a)    "Sexually oriented businesses" are those businesses defined as follows:
      (1)    "Adult arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show 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".
      (2)    "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale, 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, 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 themselves or others;
         C.    An establishment 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 an 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 one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities." (Ord. 96-1695. Passed 4-2-96.)
      (3)    "Adult cabaret" means a nightclub, bar, juice bar, restaurant, "bottleclub", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
         A.    Persons who appear in a state of nudity or a state of semi-nudity;
         B.    Live performances which are characterized by "specified sexual activities" or the exposure of "specified anatomical areas", or
         C.    Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual  activities" or "specified anatomical areas. " The reference above to appearing in a "state of nudity" is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in an adult cabaret. (Ord. 01-92. Passed 2-6-01.)
      (4)    "Adult motel" means a motel, hotel or similar commercial establishment which: offers public accommodations, for any form of consideration, which 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 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, or offers a sleeping room for rent for a period of time less than ten (10) hours; or allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.
      (5)    "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, 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. (Ord. 96-1695. Passed 4-2-96.)
      (6)    "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or a state of semi-nudity or live performances which are characterized by their emphasis upon "specified sexual activities" or "specified anatomical areas." The reference above to appearing in a "state of nudity" is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in an adult theater. (Ord. 01-92. Passed 2-6-01.)
      (7)    "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.
      (8)    "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 fee, tip, or other consideration.
      (9)    "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", 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 by any massage therapist or technician board certified by the State of Ohio.
      (10)    "Semi-Nude Model Studio" means any place where a person, who regularly appears in a state of nudity or a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The  reference above to appearing in a "state of nudity" is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in a semi-nude modeling studio.
   A modeling class or studio is not a semi-nude modeling studio and is not subject to the provisions of this chapter if it is operated:
         A.    By a college, junior college, or university supported entirely or partly by taxation;
         B.    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
         C.    In a structure:
            1.    Which has no sign visible from the exterior of the structure and no other advertising that indicates that a person appearing in a state of nudity or semi-nudity is available for viewing; and
            2.    Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
            3.    Where no more than one nude or semi-nude model is on the premises at any one time.
      (11)    "Sexual encounter establishment" means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or when one or more of the persons appears in a state of nudity or in a state of semi- nudity. The reference above to appearing in a "state of nudity" is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in a sexual encounter establishment. 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 engages in medically approved and recognized sexual therapy. (Ord. 01-92. Passed 2-6-01.)
   (b)    "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
   (c)    "Establishment" means and includes any of the following:
      (1)    The opening or commencement of any such 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.
   (d)    "Nudity or State of Nudity" means: the appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or a state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
   (e)    "Operator" means and includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
   (f)    "Permitted or Licensed Premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
   (g)    "Permittee and/or Licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
   (h)    "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
   (i)    "Public building" means any building owned, leased or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
   (j)    "Public park" or "recreation area" 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 park and recreation authorities.
   (k)    "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
   (l)    "Residential District or Use" means a single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground.
   (m)    "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. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
   (n)    "Semi-Nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
   (o)    "Sexually Oriented Business" means 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 nude model studio.
   (p)    "Specified Anatomical Areas, " as used in this chapter means and includes any of the following:
      (1)    Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
      (2)    Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   (q)    "Specified Sexual Activities," as used in this chapter, means and includes any of the following:
      (1)    The fondling or other intentional 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; or
      (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 (4) of this subsection.
   (r)    "Substantial Enlargement of a Sexually Oriented Business" means increase in the floor areas occupied by the business by more than fifteen percent (15%) , as the floor areas exist on April 2, 1996.
   (s)    "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;
      (3)    The establishment of a trust, gift or other similar legal devise which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control. (Ord. 96-1695. Passed 4-2-96.)