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For purposes of this chapter, certain terms and words are defined as follows:
(a) "Sexually Oriented Businesses." Those businesses defined as:
(1) "adult bookstore", "adult novelty store" or "adult video store" meaning 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 or 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" 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" means a nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
A. Persons who appear nude, semi-nude or in a state of nudity;
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or
C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specifies sexual activities" or "specified anatomical areas".
(3) "Adult motel" means a motel, hotel or similar commercial establishment which offers public accommodation, 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 by not limited to, newspapers, magazines, pamphlets or leaflets, radio or televisions.
(4) "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.
(5) "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 live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".
(6) “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.
(7) "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 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 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, semi-professional 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 Section 4731.15.
(8) "Nude model studio" means any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(9) "Sexual encounter establishment" means a business or commercial establishment, that as one of its primary 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 the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. 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.
(b) "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.
(c) "Escort." 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.
(d) "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 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.
(e) "Nudity" or "state of nudity." Includes any of the following:
(1) The appearance of the human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(2) 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.
(f) "Operator." Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
(g) "Permitted or licensed premises." Any premises that requires a license and/or permit and that is classified as a sexually oriented business.
(h) "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.
(i) "Person." An individual, proprietorship, partnership, corporation, association, or other legal entity.
(j) "Protected uses." Those uses listed below and defined as:
(1) "Public building." 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.
(2) "Public park" or "recreation area." 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.
(3) "Religious institution." Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(4) "Residential district or use." A single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in the Zoning Code.
(5) "School." 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 any facilities used primarily for another purpose and only incidentally as a school.
(k) "Public use." Any use designed for the benefit and/or accommodation of the general public which is available to all persons, without restriction, regardless of whether or not a fee is charged for admission.
(l) "Semi-nude." 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.
(m) "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 discernible turgid state, even if completely and opaquely covered.
(n) "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; 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, arousal or tumescence; or
(5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this definition.
(o) "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 or tax violations in connection with a sexually oriented business.
(p) "Substantial enlargement of a sexually oriented business." Increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on July 27, 1998.
(q) "Transfer of ownership or control of a sexually oriented business." 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. 12-1998. Passed 7-27-98.)
(a) Sexually oriented businesses shall be established only in identified commercial zones and shall be subject to the restrictions of this chapter. Specifically, sexually oriented businesses shall be allowed in CO-1 Planned Business Districts provided all other requirements of this chapter are satisfied. No person shall establish a sexually oriented business within four hundred (400) feet of another such business or within four hundred (400) feet of any protected uses defined as any religious institution, school, park or other public use, or within four hundred (400) feet of any property zoned or used for residential purposes. Sexually oriented businesses, as defined in Section 737.02, are classified as follows:
(1) Adult bookstore, adult novelty store or adult video store;
(2) Adult cabaret;
(3) Adult motel;
(4) Adult motion picture theater;
(5) Adult theater;
(6) Massage parlor;
(7) Sexual encounter establishment;
(8) Escort agency; or
(9) Nude model studio.
(b) Nothing in this section prohibits the location of sexually oriented businesses within retail shopping centers in specified commercial zones where such activities will have their only frontage upon enclosed malls or malls isolated from direct view from public streets, religious institutions, schools, parks, or other public facilities and residential areas without regard to the distance requirements of division (a) above, except where a protected use, such as a day care facility, is located within an enclosed or isolated mall.
(Ord. 12-1998. Passed 7-27-98.)
For purposes of this chapter, distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any protected use as defined in this chapter shall be measured in a straight line, without regard to intervening structures, from the nearest part of the sexually oriented business to the nearest property line of the protected use.
(Ord. 12-1998. Passed 7-27-98.)
(a) Any sexually oriented business lawfully operating at the time of the enactment of this chapter that is in violation of Section 737.03 shall be deemed a non-conforming use. A non- conforming use may continue upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses may not be increased, enlarged, extended or altered unless to a conforming use. Where two or more sexually oriented businesses are operating in a permissible area, the first business to have been established and continually operating is the conforming use.
(b) A sexually oriented business lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of a protected use within four hundred (400) feet of the sexually oriented business. This division does not apply to a business whose permit and/or license has expired or been revoked.
(c) Any establishment subject to the provisions of this chapter shall apply for a permit as provided under Section 737.06 within thirty (30) days of the effective date of this chapter. (Ord. 12-1998. Passed 7-27-98.)
(a) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the City. Operation of such a business without a permit is a misdemeanor.
(b) The Safety/Service Director, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing sexually oriented businesses. To be approved, applications must comply with all locational and zoning requirements of this chapter and the Zoning and Building Codes of the City.
(c) Applications must be made on a form provided by the City. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:
(1) If the applicant is:
A. An individual: the individual's legal name, aliases and proof of age over eighteen (18).
B. A partnership: the complete name, all partners' names, and a copy of any partnership agreement.
C. A corporation: its complete name; date of incorporation; names of all officers, directors and principal stockholders, name and address of its statutory agent and evidence of good standing under Ohio law.
(2) The name of the sexually oriented business if different from the applicant's and any required registration documents.
(3) Whether the applicant or any individual listed in subdivision (1) of this section has been convicted of a specified criminal act as defined under Section 737.02 within either two years for misdemeanor offenses, or five years for felony offenses or two or more misdemeanor offenses, immediately preceding the application date, and, if so, the act involved and the date and place of the conviction.
(4) Whether the applicant or other listed individuals has had a sexually oriented business permit revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit was suspended, revoked, or denied.
(5) Whether the applicant or other listed individuals hold any other sexually oriented business permits and the names and locations of all other such businesses.
(6) The proposed location of the business including a legal description of the property, street address and telephone number.
(7) The applicant's business and residential addresses and telephone numbers. If the applicant has been at his/her/its current address for less than five years, then all business and residential addresses of the applicant for five years prior to the date of the application must be included. The applicant shall designate the dates he/she/it resided at each address.
(8) The applicant's driver's license number, social security number, tax identification number and recent photograph.
(9) A sketch or diagram showing the configuration and total floor space of the premises. The sketch need not be professional, but must be draw to scale and accurate to plus or minus six inches.
(10) A current certificate and straight line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting property lines and structures and the property lines of any existing protected use within four hundred (400) feet of the proposed business. A protected use is established if it is in existence at the time the application is submitted.
(11) The application must be signed by the individual applicant, and each person who has at least a ten percent (10%) interest in the business. If a corporation is the applicant, then each person owning at least ten percent (10%) of the corporation must sign the application.
(d) Applicants are under a continuing duty to promptly update their application information. Failure to do so within thirty (30) days of the date of a change in application information shall be grounds for permit suspension.
(e) If the City Safety/Service Director learns that an applicant improperly completed the permit application, the City Safety/Service Director shall promptly notify the applicant and allow ten (10) days for correction.
(f) A $100.00 non-refundable application fee is due at the time the applicant files an application under this Section.
(g) Prior to obtaining a permit to operate a sexually oriented business, the applicant shall obtain a certification that the proposed location complies with the locational requirements of this Chapter.
(h) The possession of other types of state or city permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually oriented business permit.
(i) By filing an application under this Section, the applicant shall be deemed to have consented to the provisions of this Chapter and to the investigation of the application by the City Safety/Service Director and his/her designees.
(j) The applicant is required to provide the City with the names of all employees required to be licensed under Section 737.16 of this Chapter. This obligation continues even after a permit is granted or renewed.
(k) A sexually oriented business permit may be renewed annually upon written application, subject to the payment of a $50.00 renewal fee, and a finding that the permit holder is still in conformance with the permit requirements. This fee is in addition to the payment of an annual permit fee required under Section 737.09.
(Ord. 12-1998. Passed 7-27-98.)
Upon receipt of an application the City shall send photocopies of the application to all city agencies responsible for the enforcement of health, fire, building and zoning codes and laws. Each agency shall investigate the application for compliance with its respective code and approve or disapprove the application within twenty (20) days of the receipt of the application by the City. An agency shall disapprove an application if it finds that the business would be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City and the reasons(s) for disapproval must be stated.
(Ord. 12-1998. Passed 7-27-98.)
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