For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Adult booth" means any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(b) "Adult entertainment establishment" means an establishment which features semi-nude or totally nude, topless, bottomless, strippers, male or female impersonators, or similar entertainment or services which are obscene or harmful to juveniles as defined by Ohio R.C. 2907.01(E) and (F).
(c) "Adult material" means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic recording, digital recording, taped or other method of recording, computer displays or other tangible thing capable of arousing interest through sight, sound or touch as defined by Ohio R.C. 2907.01(E) and (F).
(d) "Commercial establishment" means any place where admission, services, performances, or products are provided for upon payment of any form of consideration.
(e) "Days" means calendar days, unless otherwise specifically set forth in this chapter.
(f) "Registered premises" means the place or location described in the sexually oriented business establishment registration where a sexually oriented business is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the registered premises.
(g) "Registrant" means any person or entity that has been issued a sexually oriented business registration pursuant to the provisions of this chapter.
(h) "Nude" or "state of nudity" means a state of undress that exposes to view less than completely and opaquely covered human genitals, pubic region, anus or female breast, such coverage to constitute not less than a G-string and pasties below a point immediately above the top of the areolas, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areola(s) is/are completely and opaquely covered with at least pasties, or any device that, when worn, simulates human male genitals in a discernibly turgid state.
(i) "Reviewing departments" means the City Manager's office, the Police Department, the Department of Development, the Building Department, the Planning and Zoning Director, and the City Attorney's office.
(j) "Semi-nude" means a state of dress or undress in which clothing covers nor more than the human genitals, pubic region, anus, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves and socks.
(k) "Sexually oriented business establishment" means any of the following commercial establishments, as defined herein:
(1) "Adult cabaret" means any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
A. Persons who appear semi-nude;
B. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities;
C. Films, motion pictures, video or audio cassettes, slides, computer displays or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(2) "Adult store" means a commercial establishment that:
A. Contains one or more adult booths;
B. As a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or
C. Has a segment or section devoted to the sale or display of adult materials.
(3) "Adult theater" means any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(l) "Sexually oriented business establishment employee" means any individual, including entertainers, who work in or at, or render any services directly related to the operation of an adult entertainment establishment, provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs to the establishment.
(m) "Sexually oriented business establishment patron" means any individual other than a sexually oriented business establishment employee, present in or at any sexually oriented business establishment at any time when such sexually oriented business establishment is open for business, provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs to the establishment.
(n) "Specified anatomical areas" means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the areolas; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(o) "Specified criminal act" means any unlawful, lewd, indecent or immoral criminal conduct.
(p) "Specified sexual activities" means and includes any of the following:
(1) The fondling or other erotic touching or human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in this definition.
(q) "Straddle dance" means the use by any person, including specifically but without limitation, a sexually oriented business establishment employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus or female breast of any sexually oriented business establishment patron or any other person, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any sexually oriented business establishment patron. Conduct shall be a "straddle dance" regardless of whether the touch or touching occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be deemed a "straddle dance" regardless of whether the touch or touching is direct or through any medium. Conduct commonly referred to by the terms "lap dance", "table dance", "couch dance" and "face dance" shall be included within this definition of "straddle dance".
(Ord. 2003-46. Passed 5-20-03.)