765.02   DEFINITIONS.
   As used in this chapter:
   (a)   ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
   (b)   ADULT BOOKSTORE 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 or video reproductions, slides or other visual representations, which depict or describe 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 night club, bar, restaurant or similar commercial establishment which regularly features:
      (1)   Persons who appear in a state of nudity; 
      (2)   Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
      (3)   Films, motion pictures, video cassettes, slides or other photographic reproductions which 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; provides patrons with closed-circuit television transmissions, films, motion pictures, 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 adult type of photographic reproduction; or
      (2)   Offers a sleeping room for rent for a period of time that is less than ten hours; or
      (3)   Allows a tenant or occupant of a sleeping room to subrent the room for a period of less than ten hours
   (e)   ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, are regularly shown.
   (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 live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
   (g)   ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
   (h)   ESCORT AGENCY means a person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.
   (i)   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 addition of any sexually oriented business to any other existing sexually oriented businesses; or
      (4)   The relocation of any sexually oriented business.
   (j)   LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.
   (k)   NUDE MODEL STUDIO means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
   (l)   NUDITY or STATE OF NUDITY means:
      (1)   The appearance of a human bare buttock, anus, male genitals, female genitals or female breast; or
      (2)   A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals or areola of the female breast.
   (m)   OPERATES or CAUSES TO BE OPERATED means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
   (n)   PERSON means an individual, proprietorship, partnership, corporation, association or other legal entity.
   (o)   PRINCIPAL BUSINESS PURPOSES means as used in this section, twenty percent or more of the annual gross revenue of the business and/or twenty percent or more of the occupied space being devoted to an adult bookstore or adult video store.
   (p)   RESIDENTIAL DISTRICT means a Class A, Class A-1, Class A-2, Class B or Class HB District, as defined in the Planning and Zoning Code.
   (q)   RESIDENTIAL USE means a single-family dwelling, two-family dwelling, multiple-family units or apartments or multiple-family high-rise use.
   (r)   RULES OF CONSTRUCTION means those rules set forth in Chapter 1 of the Ohio Revised Code, which are hereby incorporated herein.
   (s)   SEMI-NUDE means a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
   (t)   SERVICE DIRECTOR means the Director of Public Service of the Municipality or his or her designated agent.
   (u)   SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its primary 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 in a state of nudity or semi-nudity.
   (v)   SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
   (w)   SPECIFIED ANATOMICAL AREAS means human genitals in a state of sexual arousal.
   (x)   SPECIFIED SEXUAL ACTIVITIES means and includes any of the following:
      (1)   The fondling or other erotic touching of human genitals, the pubic region, buttocks, the anus or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
      (3)   Masturbation, actual or simulated; and
      (4)   Excretory functions as part of or in connection with any of the activities set forth in divisions (x)(1) through (3) of this section.
   (y)   SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent of the floor area existing on January 1, 1996.
   (z)   TRANSFER OF OWNERSHIP OR CONTROL of a sexually oriented business means and includes any 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. 1996-5. Passed 2-12-96; Ord. 2004-32. Passed 10-25-04.)