CHAPTER 785
Adult Entertainment Establishments
785.01   Purpose; intent.
785.02   Definitions.
785.03   Classification.
785.04   License required.
785.05   License issuance.
785.06   License fee.
785.07   Inspections.
785.08   License expiration.
785.09   License suspension.
785.10   License revocation.
785.11   Appeals.
785.12   License transfers.
785.13   Location.
785.14   Escort agencies.
785.15   Nude model studios.
785.16   Adult theaters and adult motion picture theaters.
785.17   Adult motels.
785.18   Exhibition of sexually explicit films or videos.
785.19   Display of sexually explicit material to minors.
785.20   Affirmative defenses.
785.99   Penalty.
   CROSS REFERENCES
      Obscenity and sex offenses - see GEN. OFF. Ch. 533
785.01   PURPOSE; INTENT.
   It is the purpose of this chapter to regulate adult entertainment establishments, to promote the health, safety, morals and general welfare of the citizens of the Village of Perry and to establish reasonable and uniform regulations to prevent the concentration of adult entertainment establishments within the Village of Perry. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor the effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(Ord. 6-2001. Passed 4-12-01.)
785.02   DEFINITIONS.
   As used in this chapter:
   (a)   arcademeans any place to which the public is permitted or invited wherein coin-operated, 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)   Bookstoreor Adult Video Storemeans a commercial establishment which utilizes twenty-five percent or more of its retail selling area for the purpose of the sale or rental, for any form of consideration, of any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, 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)   Cabaretmeans a nightclub, 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)   Entertainment Establishmentmeans 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.
   (e)   Motelmeans 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 these adult types of photographic reproductions;
      (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 sub rent the room for a period of time that is less than ten hours.
   (f)   Motion Picture Theatermeans a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the exposure of specified sexual activities or specified anatomical areas.
   (g)   Theatermeans 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.
   (h)   of Policemeans the Chief of Police of the Village of Perry or the Chiefdesignated agent.
   (i)   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.
   (j)   Agencymeans 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.
   (k)   means and includes any of the following:
      (1)   The opening or commencement of any adult entertainment establishment as a new business;
      (2)   The conversion of any existing business, whether or not an adult entertainment establishment, to any adult entertainment establishment;
      (3)   The addition of any adult entertainment establishment to any other existing adult entertainment establishment; or
      (4)   The relocation of any adult entertainment establishment.
   (l)   means a person in whose name a license to operate an adult entertainment establishment has been issued, as well as the individual listed as an applicant on the application for a license.
   (m)   Model Studiomeans 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 therefore.
   (n)   or a of nuditymeans:
      (1)   The appearance of a human bare buttock, the anus, male genitals, female genitals or a female breast; or
      (2)   A state of dress which fails to opaquely cover a human buttock, the anus, male genitals, female genitals or the entire female breast.
   (o)   or to operatemeans to cause to function or to put on keep in operation. A person may be found to be operating or causing to be operated an adult entertainment establishment whether or not that person is an owner, part owner or licensee of the business.
   (p)   means an individual, proprietorship, partnership, corporation, association or other legal entity.
   (q)   Commissionmeans the Planning Commission of the Village of Perry or its designated agent.
   (r)   Parkmeans public land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trail, swimming pool, lake, pond, creek, reservoir, athletic field, basketball diamond, tennis court, pedestrian bicycle path, open space, wilderness area or similar public land within the Village of Perry which is under the control, operation or management of the Village of Perry, County of Lake, or State of Ohio.
   (s)   Districtmeans a single-family, duplex, townhouse, multiple family or mobile home zoning district.
   (t)   Usemeans a single-family, duplex, multiple family, mobile home park, mobile home subdivision or campground use.
   (u)   means any public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
   (v)   means a state of dress in which clothing covers no more than the genitals, the pubic region and the entire female breast, as well as portions of the body covered by supporting straps or devices.
   (w)   Encounter Centermeans 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-nude.
   (x)   Anatomical Areasmeans human genitals in a state of sexual arousal.
   (y)   Sexual Activitiesmeans and included any of the following:
      (1)   The foundling or other erotic touching of human genitals, the pubic region, buttocks, the anus or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulates, 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 paragraphs (y) (1) to (3) hereof.
   (z)   Enlargementof an adult entertainment establishment means the increase in floor area occupied by the business by more than twenty-five percent, as the floor area exists on.
   (aa)   of Ownership or Controlof an adult entertainment establishment 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 transfers by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 6-2001. Passed 4-12-01.)
785.03   CLASSIFICATION.
   Adult entertainment establishments are classified as follows:
   (a)   Adult arcades;
   (b)   Adult bookstores or adult video stores;
   (c)   Adult cabarets;
   (d)   Adult motels;
   (e)   Adult motion picture theaters;
   (f)   Adult theaters;
   (g)   Escort agencies;
   (h)   Nude model studios; and
   (i)   Sexual encounter centers.
(Ord. 6-2001. Passed 4-12-01.)
785.04   LICENSE REQUIRED.
   (a)   A person commits an offense if he or she operates an adult entertainment establishment without a valid license issued by the Village of Perry for the particular type of business. Notwithstanding any provision of the Village of Perry Codified Ordinances or Zoning Ordinance, no person shall cause or permit the establishment of any adult entertainment business or sexually oriented business within a zoning district other than in the Industrial District.
   (b)   An application for a license must be made on a form provided by the Perry Village Inspector. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of the total floor space to be occupied by the business. Applicants who must comply with Section 785.19 shall submit a diagram meeting the requirements of Section 785.18.
   (c)   The complete application shall be submitted to the Planning Commission and a copy of the application shall be submitted to the Chief of Police.
   (d)   The applicant must be qualified according to the provisions of this chapter.
   (e)   If a person who wishes to operate an adult entertainment establishment is an individual, he or she must sign the application for a license as the applicant. If a person who wishes to operate an adult entertainment establishment is other than an individual, each individual who has a twenty percent or greater interest in the business must sign the application for a license as the applicant. Each applicant must be qualified under Section 785.05 and each applicant shall be considered a licensee if a license is granted.
(Ord. 6-2001. Passed 4-12-01.)
785.05   LICENSE ISSUANCE.
   (a)   The Planning Commission shall approve the issuance of a license to an applicant by the Village of Perry Inspector, unless the Planning Commission finds, based upon information received by the Chief of Police, the Village of Perry Inspector or other Village official or agent, that one or more of the following are true:
      (1)   An applicant is under eighteen years of age.
      (2)   An applicant or an applicantspouse is overdue in payment to the Village of Perry of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicantspouse in relation to an adult entertainment establishment.
      (3)   An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form.
      (4)   An applicant or an applicantspouse has been convicted of a violation of a provision of this Chapter, other than the offense of operating an adult entertainment establishment without a license, within two years immediately preceding the application.
      (5)   The license fee required by this Chapter has not been paid.
      (6)   An applicant has been employed in an adult entertainment establishment in a managerial capacity within the preceding twelve months and has demonstrated an inability to operate or manage an adult entertainment establishment premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
      (7)   An applicant or the proposed establishment is in violation of, or is not in compliance with, this Chapter.
      (8)   An applicant or an applicantspouse has been convicted of a crime:
         A.   Involving any of the following offenses:
            1.   Prostitution;
            2.   Promotion of prostitution;
            3.   Aggravated promotion of prostitution;
            4.   Compelling prostitution;
            5.   Obscenity;
            6.   Sale, distribution or display of harmful material to a minor;
            7.   Sexual performance by a child;
            8.   Possession of child pornography;
            9.   Public lewdness;
            10.   Indecent exposure;
            11.   Indecency with a child;
            12.   Sexual assault or aggravated sexual assault;
            13.   Incest, solicitation of a child or harboring a runaway child; or
            14.   Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;
         B.   For which:
            1.   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;
            2.   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 a felony offense; or
            3.   Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period.
      (9)   An applicant proposes a site, which is within 1,000 feet of a residence, school, park or church.
      (10)   An applicant fails to comply with the laws of the Ohio, State statues, additional codes or Federal laws.
   (b)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the applicantspouse.
   (c)   An applicant who has been convicted of, or whose spouse has been convicted of an offense listed in paragraph (a) (8) hereof may qualify for an adult entertainment establishment license only when the time period required by this section has elapsed.
   (d)   The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult entertainment establishment. The license shall be posted in a conspicuous place at or near the entrance of the adult entertainment establishment so that it may be easily read at any time.
(Ord. 6-2001. Passed 4-12-01.)
785.06   LICENSE FEE.
   The annual fee for an adult entertainment establishment license is one hundred dollars ($100.00).
(Ord. 6-2001. Passed 4-12-01.)
785.07   INSPECTIONS.
   (a)   An applicant or licensee shall permit representative of the Village Police, the Perry Township Fire Department, the Perry Village Engineer, the Lake County Heath Department or any other department of the Village of Perry; County of Lake, or State of Ohio government to inspect the premises of an adult entertainment establishment for the purpose of insuring compliance with the law at any time it is occupied or open for business.
   (b)   A person who operates an adult entertainment establishment, or his or her agent or employee, commits an offense if he or she refuses to permit a lawful inspection of the premises by those individuals set forth in Section 785.07(a), supra, at any time it is occupied or open for business.
(Ord. 6-2001. Passed 4-12-01.)
785.08   LICENSE EXPIRATION.
   Each license shall expire one year from the date of issuance and may be renewed only by making an application as provided in Section 785.04. Applications for renewal should be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected. It is the responsibility of the permit holder to apply for renewal.
(Ord. 6-2001. Passed 4-12-01.)
785.09   LICENSE SUSPENSION.
   The Village of Perry shall suspend a license for a period not to exceed thirty days if it is determined that a licensee or an employee of a licensee has:
   (a)   Violated or is not in compliance with this chapter;
   (b)   Engaged in excessive use of alcoholic beverages while on the adult entertainment establishment premises;
   (c)   Refused to allow an inspection of the adult entertainment establishment premises as authorized by this Chapter;
   (d)   Knowingly permitted gambling by any person on the adult entertainment establishment premises;
   (e)   Demonstrated an inability to operate or manage an adult entertainment establishment in a peaceful and law-abiding manner, this necessitating action by law enforcement officers; or,
   (f)   Violated any Village of Perry, State or Federal law.
(Ord. 6-2001. Passed 4-12-01.)
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