For purposes of this chapter,
(a) "ADULT ARCADE" means any place to which the public is permitted or invited where either or both:
(1) Motion picture machines, projectors, DVDS, video or laser disc players, or
(2) 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, DVDs, or video reproductions, slides, or other visual representations that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices, or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.
(3) For the purpose of this section, principal business purpose means twenty- five percent (25%) or more of the stock in trade of the business offered for sale or rental for consideration measured as a percentage of either the total linear feet of merchandise for sale or rental for consideration on display or the gross receipts of merchandise for sale or rental for consideration, whichever is the greater. 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."
(c) “ADULT CABARET” means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in a “state of nudity” or “state of semi-nudity”; or
(2) Live entertainment characterized by the depiction or description of specified anatomical areas or specified sexual activities; or
(3) Live entertainment of an erotic nature including exotic-dancers, strippers, male or female impersonators, or similar entertainment; or
(4) Films, motion pictures, videocassettes, DVDs, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(d) "ADULT MOTEL" means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, DVDs, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours: or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(e) "ADULT MOTION PICTURE THEATER" means a commercial establishment where, for any form of consideration, films, motion pictures, DVDs, 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.
(f) “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," and which does not also meet the definition of a “mainstream performance house.”
(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) "EMPLOYEE" means a person who performs any service or work on the premises of a Sexually Oriented Business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, lessee, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(i) “EMPLOYEE STATION” means an area on the premises of a Sexually Oriented Business designated for occupancy exclusively by one or more employees whose duties include assuring compliance with the provisions of this Chapter.
(j) “HEALTH COMMISSIONER” means the Lorain County Commissioner of Health or his authorized representative.
(k) "LICENSEE" means, with respect to a Sexually Oriented Business license issued under this chapter, a person in whose name a license to operate a Sexually Oriented Business or adult motel has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the Sexually Oriented Business or adult motel. With respect to a sexually oriented employee license issued under this chapter, licensee means a person in whose name a license has been issued authorizing employment in a Sexually Oriented Business or adult motel.
(l) “MAINSTREAM PERFORMANCE HOUSE” means a theater, concert hall, opera house, museum, educational institution or similar establishment, which regularly features live performances, including plays, operas, ballets, concerts or other similar performances, which are not distinguished or characterized by an emphasis on the depiction, display, or description, or the featuring of “specified anatomical areas” or “specified sexual activities” in that such depiction, display, description or featuring is incidental to the primary purpose of any performance. Performances and showings are regularly featured when they comprise 85 percent of all performances or showings. “Distinguished or characterized by an emphasis upon,” means the dominant or principal theme of the object referenced. For example, when the phrase refers to performances which are “distinguished or characterized by an emphasis upon the exhibition or display of specified anatomical areas,” the performances so described are those whose dominant or principal character or theme is the exhibition or display of “specified anatomical areas” or “specified sexual activities.”
(m) "LIVE VIEWING BOOTH" means any private or semi-private booth, or any viewing room of less than one hundred fifty (150) square feet of floor space, to which the public may gain admittance, wherein a live performance is presented to five (5) or fewer persons at any one time.
(n) "NUDE MODEL STUDIO" means any place where a person who appears 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;
(3) An arts education organization that has been granted not-for-profit status under § 501(c)(3) of the Internal Revenue Code; or
(4) 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.
(o) "NUDITY" or “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.
(p) "OPERATE" means to control or hold primary responsibility for the operation of a Sexually Oriented Business or adult motel, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. “Operate” or “Cause to be Operated” shall mean to cause to function or to put or keep in operation. Operator means any persons on the premises of a Sexually Oriented Business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a Sexually Oriented Business or who causes to function or who puts or keeps in operation the business. A person may be found to be operation or causing to be operated a Sexually Oriented Business whether or not that person is an owner, part owner, or licensee of the business.
(q) “PERSON” means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(r) "SEMI-NUDITY" or “SEMINUDE 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.
(s) "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 same or 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 nude or semi-nude.
Sexual Encounter Center shall not include a business or commercial enterprise that regularly offers as one of its principal business purposes instruction in any of the wrestling styles recognized by the International Federation of Associated Wrestling Styles, also known as Fédération Internationale des Luttes Associées (FILA).
(t) “SEXUALLY ORIENTED BUSINESS” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. “Sexually Oriented Business” does not include an adult motel as defined above.
(u) "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 female breast below a point immediately above the top of the areola.
(v) "SPECIFIED CRIMINAL ACTIVITY" means any of the following offenses:
(1) Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;
(2) For which:
A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(w) “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 a part of or in connection with any of the activities set forth in subsections (1) or (2) above.
(x) "VIDEO BOOTH" means any private or semi-private booth or any viewing room of less than one hundred fifty (150) square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor, or similar equipment is available for the purpose of showing still or motion pictures, videos, or similar images or photographic reproductions to five (5) or fewer persons at any one time.
(y) "VIEWING BOOTHS" means live viewing booths, video booths, or any combination thereof.
(z) "TRANSFER OF OWNERSHIP OR CONTROL" of a Sexually Oriented Business shall mean 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; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 07-30AC. Passed 5-7-07.)