For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADULT USES, SEXUALLY-ORIENTED BUSINESSES OR ADULT ENTERTAINMENT FACILITY.Businesses defined as follows:
(1) ADULT BOOK STORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which 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 or any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, DVD, CD-ROM, slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical area" as defined herein.
(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.
(2) ADULT CABARET. A night club, bar, restaurant or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features persons who appear nude or semi-nude; live performances which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities" or films, motion pictures, video cassettes, DVD, CD-ROM, slides or other photographic reproductions which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities".
(3) ADULT MOTEL. A motel, hotel or similar commercial establishment which offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, DVD, CD-ROM, slide or other photographic reproductions which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities".
(4) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, DVD, CD-ROM, slide or similar photographic reproductions which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities" are shown for any form of consideration.
(5) ADULT THEATER. 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 live performances which are characterized by the exposure of "specified anatomical area" or by "specified sexual activities".
(6) 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 any form of consideration.
(7) MASSAGE PARLOR. Any place where, for any form of consideration, 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." This definition shall not include the practice of massage in any licensed hospital, nor by any licensed hospital, licensed physician, chiropractor, or osteopathy; nor by any nurse or technician working under the supervision of a licensed physician, chiropractor or osteopath; nor by any trainers for 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 Revised Code.
(8) NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical area" is provided for any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted.
(9) SEXUAL ENCOUNTER ESTABLISHMENT. A commercial establishment that, as one of its primary business purposes, offers for any form of consideration, a place where people may congregate, associate, or consort for the purpose of "sexually specified activities" or the exposure of "specified anatomical areas" or activities where one of more of the persons is in a state of nudity. This definition shall not include an establishment where medical practitioner, psychiatrist, or similar professional persons licensed by the state engages in medically approved and recognized sexual therapy.
EMPLOYEE. 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.
ESCORT. A person, who, for any form of consideration, agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESTABLISHMENT. 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 of the sexually-oriented businesses defined in this zoning code.
(3) The addition of any of the sexually-oriented businesses defined in the zoning code to any other sexually-oriented business; or
(4) The relocation of any such sexually-oriented business.
NUDITY or STATE OF NUDITY. The showing, representation or depiction of human male or female genitals, pubic area, or buttocks with less that a full, opaque covering; or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
OPAQUE. Not allowing visibility through.
OPERATOR. Includes the owner, permit holder, custodian, manager, operator or person in charge of any permitted or licensed premises.
PERMITTED OR LICENSED PREMISES. Any premises that requires a license and/or permit and that is classified as a sexually-oriented business.
PERMITTEE AND/OR LICENSEE. 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.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PROTECTED USES. Are the uses listed below and defined as:
(1) RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple, or building which is used primarily for religious worship and related activities.
(2) RESIDENTIAL DISTRICT OR USE. A single family, duplex, townhouse, multiple-family, retirement or nursing home, or mobile home park.
(3) SCHOOL. Any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breast below a point immediately above the top of the areola; or human male genitals in a discernable turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES. Includes any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts; or
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; or
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation or arousal.
SPECIFIED CRIMINAL ACTS. 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 R.C. §§ 2907.24, 2907.241, or 2907.25.16.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY-ORIENTED BUSINESS. Increase in the floor area occupied by the business by more that 15%, as the floor area exists as of the adoption of the Zoning Code.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY-ORIENTED BUSINESS. Means and includes any of the following:
(1) The sales, 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 device 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. 2005-6-25, passed 7-12-05)