(a) General .
(1) Purpose. It is the purpose of this Chapter to regulate Adult Entertainment Businesses in order to promote the health, safety, moral and general welfare of the citizens of the Village, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of Adult Entertainment Businesses within the Village. The provisions of this chapter do not have the purpose or effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Further, it is not the intent of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor the effect of this chapter to condone or legitimize the distribution of obscene material.
(2) Findings. The Village Council has received substantial evidence concerning the adverse secondary effects of adult uses on the community in findings incorporated in the cases of City of Fenton v. Playtime Theatres, Inc. 475 U.S. 41 (1986), Young v. American Mini Theatres, 426 U.S. 50 (1979), and Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), and on studies in other communities including, but not limited to, Phoenix, Arizona; Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California; Indianapolis, Indiana; Minneapolis, Minnesota; St. Paul, Minnesota; New York, New York; Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas; Houston, Texas; and Seattle, Washington.
(b) Interpretation.
(1) "Adult Bookstore, adult novelty store, or adult video store" means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration, any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", or
B. Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial 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 the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
A. "Adult cabaret" means a night club, bar, restaurant or similar commercial establishment which regularly features:
1. Persons who appear in a state of nudity or semi-nudity; or
2. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
3. 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."
(3) "Adult motion picture" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(4) "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(5) "Establishment" means and includes any of the following:
A. The opening or commencement of any adult entertainment business as a new business.
B. The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business.
C. The additions of any adult entertainment business to any other existing adult entertainment business.
D. The relocation of any adult entertainment business.
(6) "Nudity" or "state of nudity" means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
(7) "Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.
(8) "Semi-nudity" or in a "semi-nude condition" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
(9) "Adult entertainment business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
(10) "Specified anatomical areas" means:
A. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
B. Less than completely and opaquely covered human genitals, pubic region, buttocks or a female breast below a point immediately above the top of the areola.
(11) "Specified sexual activities" means any of the following:
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breast;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
C. Excretory functions as part of or in connection with any of the activities set forth in subsection (b)(11)A. and B., above.
(12) Substantial enlargement of an adult entertainment business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor.
(c) Classifications. Adult entertainment businesses are classified as follows:
(1) Adult arcades.
(2) Adult bookstores, adult novelty stores, or adult video stores.
(3) Adult cabarets.
(4) Adult motion picture theaters.
(5) Adult theaters.
(d) Location of Businesses.
(1) No adult entertainment business may be established within three-hundred and fifty (350) feet of:
A. A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
B. A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergarten, elementary schools, private 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 facilities used primarily for another purpose and only incidentally as a school.
C. A boundary of a residential district as defined in this Code.
D. A public park or recreational area 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, wilderness areas, or other similar public land within the Village which is under the control, operation or management of the Village park and recreation authorities.
E. The property line of a lot devoted to a residential use as defined in this Code.
F. An entertainment business which is oriented primarily towards children or family entertainment.
G. A licensed premise. Licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(2) No adult entertainment business may be established, operated or enlarged within three-hundred and fifty (350) feet of another adult entertainment business.
(e) Additional Regulations.
(1) It shall be a first-degree misdemeanor for a person who knowingly and intentionally, in an adult entertainment business, appears in a state of nudity or depicts specified sexual activities.
(2) It shall be a first-degree misdemeanor for a person who knowingly and intentionally in an adult entertainment business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten (10) feet from any patron or customer and on a stage at least two (2) feet from the floor.
(3) It shall be a first-degree misdemeanor for an employee, while semi-nude in an adult entertainment business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in an adult entertainment business.
(4) It shall be a first-degree misdemeanor for an employee, while semi-nude, to touch a customer or the clothing of a customer.
(5) A person commits a first-degree misdemeanor if the person knowingly allows a person under the age of eighteen (18) years on the premises of an adult entertainment business.
(f) Severability.
(1) If any section, subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected.
(2) All ordinances or parts of ordinances in conflict with the provisions of this Chapter are hereby repealed.
(Ord. 2017-49. Passed 12-5-17.)