“Sexually oriented businesses” means a facility having its principal function of adult entertainment which includes the following categories, uses, occupancies and/or exhibits physical conditions or states of those persons present within the establishment as defined in subsections (a) through (g) hereof.
(a) “Adult book store” means an establishment having as a principal or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as herein defined or an establishment with a segment or section devoted to the sale or display of such materials.
(b) “Adult mini-motion picture theater” means a structure, facility or portion thereof, with a capacity for less than fifty (50) persons, used for presenting movie or video materials distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(c) “Adult motion picture theater” means a structure, facility or portion thereof, with a capacity for fifty (50) or more persons, used for presenting movie or video materials distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” for observation by patrons therein.
(d) “Adult entertainment business” means an establishment involved in the sale of services or products characterized by the exposure or presentation of “specified anatomical areas” or physical contact of live males or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified.
(e) “Massage establishment” means any establishment having a fixed place of business where massages are administered for pay, including but not limited to, massage parlors, health clubs, sauna baths and steam baths. This definition shall not be construed to include hospitals, nursing homes, medical clinics or the offices of a physician, surgeon, chiropractor, osteopath or physical therapist duly licensed by the State of Ohio, nor barber shops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition shall not be construed to include a volunteer fire department, a volunteer rescue squad or a nonprofit organization operating a community center, swimming pool, tennis court or other educational, cultural, recreational and athletic facilities and facilities for the welfare of the residents of the area.
(f) “Specified sexual activities” means activities or physical conditions which include the following:
(1) Human genitals in a state of sexual simulation or arousal;
(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio;
(3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(g) “Specified anatomical areas” means those areas of the body which are identified as follows:
(1) Less than completely or opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state even if completely or opaquely covered.
(Ord. 269-2001. Passed 12-17-01.)
(Ord. 269-2001. Passed 12-17-01.)