(a) “Adult Entertainment Facilities” means a facility having a significant portion of its function as adult entertainment, which includes the following listed categories:
(1) Adult Book and Video Store. An establishment having as a significant portion of its stock in trade, books, videos, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to ‘specified sexual activities’ or ‘specified anatomical areas’, as herein defined.
(2) Adult Entertainment Business. Any 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 that utilize activities as specified above.
(3) Adult Mini Motion Picture Theater. A facility with a capacity of for less than fifty persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to ‘Specified Sexual Activities’ or ‘Specified Anatomical Areas,’ for observation by patrons therein.
(4) Adult Motion Picture Theater. A facility with a capacity for fifty or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to ‘Specified Sexual Activities’ or ‘Specified Anatomical Areas,’ for observation by patrons therein.
(5) Adult Paraphernalia Store. An establishment having as a significant portion of its stock in trade, mechanical and/or non-mechanical devices which are distinguished or characterized by their intended use for sexual arousal and/or massage of ‘specific anatomical areas’, as herein defined.
(6) Massage Establishments. Any establishment having a fixed place of business where massages are administered for pay. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, massage therapist duly licensed by the State of Ohio, 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, the face, the neck, or the shoulder.
(b) “Massage” means a method of treating or stimulating the external parts of the human body by rubbing, stroking, kneading, tapping, touching or vibrating with the hand or any instruments for pay.
(c) “Specified Sexual Activities” means:
(1) Human genitals in a state of sexual stimulation 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 region, buttock or female breasts.
(d) “Specified Anatomical Areas” means:
(1) Less than completely and opaquely covered human genitals, pubic region, buttock and female breasts below a point immediately above the top of the areola;
(2) Human male genitals in a discernible turgid state even if completely and opaquely covered.
(Ord. 2782. Passed 5-20-03.)
The following required conditions shall be applicable to all adult entertainment facilities within Oxford, Ohio.
(a) No adult entertainment facility shall be established within 500 feet of any area zoned for residential use.
(b) No adult entertainment facility shall be established within a radius of 1,000 feet of any school, library, or teaching facility, whether public or private, governmental or commercial, which school, library, or teaching facility is attended by persons under eighteen years of age.
(c) No adult entertainment facility shall be established within a radius of 1,000 feet of any other adult entertainment facility or within a radius of 2,000 feet of any two of the following establishments:
(1) Cabarets, clubs, or other establishments which feature topless or bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.
(2) Establishments for the sale of beer or intoxicating liquor for consumption on the premises.
(3) Pawn shops.
(4) Pool or billiard halls.
(5) Pinball palaces, halls, or arcades.
(6) Dance halls or discotheques.
(d) No adult entertainment facility shall be established within a radius of 1,000 feet of any church, synagogue, or permanently established place of religious services that is attended by persons less than eighteen years of age.
(e) No advertisements, displays, or other promotional materials shall be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways, or from other public areas, semi-public areas, or quasi-public areas.
(f) All building openings, entries, windows, for adult uses shall be located, covered, or serviced in such a manner as to prevent a view into the interior from any public areas, semi-public areas, quasi-public areas, any sidewalk, or any street. For new construction, the building shall be oriented so as to minimize any possibility of viewing the interior from any public areas, semi-public areas, quasi-public areas, any sidewalk, or any street.
(g) No screens, speakers, or sound equipment shall be used for adult motion picture theaters (enclosed or drive-in) that can be seen or discerned by the public from any public areas, semi-public areas, quasi-public areas, any sidewalk, or any street.
(h) Off-street parking shall be provided in accordance with the Oxford Zoning Code.
(i) All applicable regulations of this Section shall be observed.
(Ord. 2782. Passed 5-20-03.)