1292.02  DEFINITIONS.
   As used in this chapter:
   (a)   “Adult arcade” means any place to which the public is permitted or invited where either or both motion picture machines, projectors, video or laser disc players, or 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” means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, digital video discs, or any other video reproductions, slides, or other visual representations which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
      (2)   Instruments, devices, or paraphernalia which are designed for use in connection with “specified sexual activities.”
   (c)   “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
      (1)   Persons who appear in a “state of nudity” or “state of semi-nudity”;
      (2)   Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”;
      (3)   Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
      (4)   Films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
   (d)   “Adult hotel or motel” means a hotel, motel, or similar commercial establishment that:
      (1)   Offers accommodation to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, or any other video reproductions, slides, or other visual representations which are distinguished or characterized by an emphasis upon exhibiting, depicting, describing or displaying “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;
      (2)   Offers a sleeping room for rent for a period of time that is less than eight continuous 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 eight continuous hours.
   (e)   “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, digital video discs, video cassettes, slides, or similar photographic or video reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” and that take place outside the context of some larger form of expression.
   (f)   “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly or commonly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the depiction or description of “specified anatomical areas,” “specified sexual activities” or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment and which for each of the previously mentioned categories, take place outside the context of some larger form of expression.
   (g)   “Covering” means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
   (h)   “Escort” means a person who, for any form of consideration, agrees or offers to act as a companion or date for another person and who agrees or offers to appear in a state of nudity or who agrees or offers to privately model lingerie or privately perform a striptease for another person.
   (i)   “Escort agency” means a person, business association, or other commercial establishment who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
   (j)   “Establishment” means and 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 sexually oriented business;
      (3)   The additions of any sexually oriented business to any other existing sexually oriented business; or
      (4)   The relocation of any sexually oriented business.
   (k)   “Massage parlor” means a commercial establishment where, for any form of consideration, massage, alcohol rub, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional persons licensed by the State. This definition shall not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishments where massage or similar manipulation of the human body is offered as an incidental or accessory use.
   (l)   “Nude model studio” means any place where a person who appears nude or semi-nude or who displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nude model studio” shall not include:
      (1)   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
      (2)   A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
      (3)   An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
   (m)   “Nudity” or a “state of nudity” or “nude” means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
   (n)   “Person” means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
   (o)   “Semi-nudity” or “semi-nude condition” or “semi-nude” means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
   (p)   “Sexual encounter center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or,
      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
   (q)   “Sexually oriented business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult hotel or motel, adult motion picture theater, adult theater, escort agency, massage parlor, nude model studio, sexual encounter center, or any combination of the above-referenced businesses.
   (r)   “Specified anatomical areas” means:
      (1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
      (2)   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.
   (s)   “Specified sexual activities” means any of the following:
      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
      (3)   Excretory functions as part of or in connection with any of the activities set forth in paragraphs (1) and (2) above.
   (t)   “Substantial enlargement” of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent, as the floor areas exist on the date this adopting ordinance took effect.
(Ord. 100-2010.  Passed 11-8-10.)