For the purposes of this chapter, the following terms, phrases;, and words shall have the meanings given to them herein.
(a) "Adult arcade." Any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video or laser disc players, or (ii) other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(b) "Adult bookstore," "adult novelty store," or "adult video store." A commercial establishment that devotes a significant portion of its interior business or advertising (25% or more of its retail floor space) to 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, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein.
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.
(c) "Adult booth." Any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any sexually oriented materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(d) "Adult cabaret." Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
(1) Persons who appear in a state of nudity.
(2) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(3) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(e) "Adult material:" Any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed matter, or digitally-stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(2) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(3) Instruments, novelties, devices, or paraphernalia. that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
(f) "Adult motel." A hotel, motel, or similar commercial establishment that:
(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 that 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.
(g) "Adult store." Any commercial establishment (a) that contains one or more adult booths; (b) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials, or (c) that has a segment or section devoted to the sale or display of adult materials.
(h) "Adult theater." Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(i) "City zoning ordinances." The part of the Newark City Code of Ordinances known and referred to as the Newark Zoning Code of Ordinances, as it may be amended from time to time.
(j) "Commercial establishment." Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
(k) "Days." Calendar days, unless otherwise specifically set forth in this chapter.
(l) "Employee." A person who performs any service or work on the premises of a sexually oriented business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions, 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 on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(m) "Escort agency." 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.
(n) "Licensed premises." The place or location described. in the sexually oriented business establishment license where a sexually oriented business establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the licensed premises.
(o) "Licensee." Any person or entity that has been issued a sexually oriented business license pursuant to the provisions of this chapter. With respect to a sexually oriented employee license issued under this chapter, licensee means a person in whose name a license has been issued authorizing employment in a sexually oriented business.
(p) "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, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of "massage parlor" 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 Licensed Massage Therapist licensed in the State of Ohio pursuant to Ohio R.C. 4731. 15.
(q) "Nude" or "state of nudity." A state of dress or undress that exposes to view (i) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed; or (ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
(r) "Reviewing departments." The Mayor, Economic Development Director, Police Department, Planning Commission, and Law Director's Office.
(s) "Sexually Oriented Business Use Commissioner." The Economic Development Director, or designee, shall be the Sexually Oriented Business Use Commissioner.
(t) "Sexually oriented business" or "sexually oriented business establishment." For purposes of this chapter shall mean an adult arcade, adult bookstore, adult motel, adult novelty store, adult video store, adult cabaret, adult store, adult theater, escort agency, or massage parlor.
(u) "Sexual oriented business establishment patron." Any individual, other than a sexually oriented business establishment employee, present in or at any sexually oriented business establishment at any time when such sexually oriented business establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
(v) "Specified anatomical areas." Any of the following:
(1) Less than completely and opaquely covered human genitals; pubic region; buttocks; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
(w) "Specified criminal activities." Sexual crimes against children, sexual abuse, rape, gross sexual imposition, and other crimes connected with sexually oriented businesses including but not limited to distribution of obscenity or other material harmful to minors, pandering, prostitution, tax violations in connection with a sexually oriented business or acts prohibited by Ohio R.C. 2907.24, 2907.241, or 2907.25.
(x) "Specified sexual activities." Any of the following:
(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(2) Sex acts, 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 paragraphs (1) through (4) of this definition.
(y) "Straddle dance." The use by any person, including specifically but without limitation, a sexually oriented business establishment employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus or female breast of any sexually oriented business establishment patron or any other person, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any sexually oriented business establishment patron. Conduct shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any specified. anatomical area. Conduct shall also be a "straddle dance" regardless of whether the "touch" or "touching" is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance," "table dance," and "face dance" shall be included within this definition of straddle dance.
(Ord. 01-45. Passed 11-5-01.)