723.03 DEFINITIONS.
(a) “Adult entertainment” means any dance, amusement, show, display, exhibition, pantomime, modeling or any other like performance of any type for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by the performer's "nudity", as defined herein, or the exhibition of "specified sexual activities", also defined herein, or which emphasizes and seeks to arouse or excite the patron's sexual desires.
(b) “Adult entertainment business” means an Adult Arcade, Adult Bookstore, Adult Novelty Store, Adult Video Store, Adult Motion Picture Theater, Adult Motel, Exotic Dance Studio, and Massage Parlor as more specifically defined as follows:
(1) “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, computer generated or enhanced pornography, panorama, peep show, or similar machines, or other image producing machines, for personal viewing, are used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which provide materials for individual viewing by patrons on the premises of the business which are characterized by the depiction or description of "nudity" or "specified sexual activities".
(2) “Adult bookstore, adult novelty store, or adult video store” means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or revenues, substantial meaning fifteen (15) percent or more, for any form of consideration, books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videos, cassettes, slides, or other photographic reproductions or visual representations which are characterized by the depiction or description of "nudity" or "specified sexual activities" or adult novelties as defined herein. It shall be a rebuttable presumption that fifteen (15) percent of a business’s stock-in-trade or revenues is considered substantial.
An establishment may have other principal business purposes that do not involve the offering for sale or rental of materials depicting or describing "nudity" or "specified sexual activities", and still be categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store. Such other business purposes will not serve to exempt such establishments from being categorized as Adult Bookstore, Adult Novelty Store, or Adult Video Store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "nudity" or "specified sexual activities".
(3) “Adult motel” means a motel, hotel or similar commercial establishment which offers a sleeping room for rent for a period of time less than eight hours or allows a tenant or occupant to sub-rent the sleeping room for a time period of less than eight hours.
(4) “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions characterized by the depiction or description of "nudity" or "specified sexual activities" are regularly shown for any form of consideration.
(5) “Exotic dance studio” also known as "topless bar" and "adult cabaret", means a nightclub, bar, restaurant, or similar commercial establishment to which any member of the public is invited or admitted and where an entertainer provides live adult entertainment performances to any member of the public.
(6) “Massage parlor” means any place where there is offered, for any form of consideration or gratuity, massage, alcohol rub or other manipulation of the human body. A massage parlor shall not include the practice of medicine by a state licensed physician, the practice of chiropractic medicine by a state licensed chiropractor, the practice of physical or occupational therapy by a state licensed therapist or the practice of massage by a state licensed masotherapist.
(c) “Adult material” means books, magazines, videos or other pictorial depiction of nudity or specified sexual activities.
(d) “Adult novelty” means an instrument, device or paraphernalia which is designed for use or marketed primarily for use in Specified Sexual Activities.
(e) “City” means the City of Norwalk, Ohio.
(f) “Conviction” means adjudication of conviction of guilt and occurs at such time as a plea of guilty has been accepted or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-fact finding motions, and appeals. Conviction also means bail forfeiture.
(g) “Employee” means any and all persons, including managers, entertainers, and independent contractors who work in or at or render any services directly related to the operation of any adult entertainment business offering adult entertainment, whether or not such person is paid compensation by the operator of said business.
(h) “Entertainer” means any person who provides live adult entertainment in an adult entertainment business whether or not an employee of the operator, and whether or not a fee is charged or accepted for such entertainment.
(i) “Establish” means and includes any of the following:
(1) To open or commence any adult entertainment business as a new business; or
(2) To convert an existing business, whether or not an adult entertainment business, to any adult entertainment businesses defined herein.
(3) To add any of the adult entertainment businesses defined herein to any other existing adult entertainment business; or
(4) To relocate any such adult entertainment business.
(j) “License” means a license to operate, manage or entertain at any premises that is classified as an adult entertainment business.
(k) “Licensed premises” means any premises that require a license and that are classified as an adult entertainment business.
(l) “Licensee” means a person in whose name a license to operate, or entertain at an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a license.
(m) “Manager” means any person appointed by an owner or operator of an adult entertainment business who manages, directs, administers or is in charge of the affairs and/or the conduct or operation of an adult entertainment business and includes assistant managers.
(n) “Nude” or “nudity” means:
(1) Less than completely and opaquely covered or in such attire, costume or clothing as to expose to view male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae; or
(2) Wearing any device or covering exposed to view which simulates the appearance of male genitals, female genitals, pubic region, buttocks, anus, or any portion of the female breast below a point immediately above the top of areolae.
(o) “Operator” means and includes the owner, permit holder, custodian, manager, operator, or person in charge of, conducting or maintaining an adult entertainment business.
(p) "Panoram" or "peep show" means any device which, upon insertion of a coin or by any other means, exhibits, or displays a picture or view by film, video, or by any other means.
(q) “Person” means any individual, firm, joint venture, partnership, association, social club, fraternal organization, corporation, estate, trust, business trust, receivership or any other group.
(r) “Safety Service Director” means the Safety Service Director of the City of Norwalk, Ohio or his designee.
(s) “Specified sexual activities” means and includes any of the following:
(1) The caressing, touching, fondling or other intentional or erotic touching of male genitals, female genitals, pubic region, anus, or female breasts of oneself or of one person by another; or
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, flagellation, sodomy, bestiality, or any sexual acts which are prohibited by law; or
(3) Masturbation, actual or simulated; or
(4) Human genitals in a state of sexual stimulation, arousal or tumescence or visual state of sexual stimulation, arousal or tumescence, even if completely and opaquely covered; or
(5) Excretory functions as part of or in connection with any of the activities set forth in subsection (s)(1) to (4) hereof.
(t) “Temporary license” means a license which permits a licensee to conduct an Adult Entertainment Business or perform as an Adult Entertainer while the Licensee is appealing the denial of a license. This temporary license shall expire upon the entry of a final judgment affirming the denial of a license or upon the entry of a final judgment reversing the denial of a license.
(Ord. 2001-65. Passed 8-7-01.)