(A) As used in this subchapter:
(1) "Adult bookstore," "adult cabaret," "adult motion picture theater," "adult video store," "characterized by," "nude," "nudity," "state of nudity," "seminude," "state of seminudity," "sexual device," "sexual device shop," "sexual encounter center," "specified anatomical areas," and "specified sexual activity" have the same meanings as in R.C. § 2907.40; and
(2) "Adult arcade," "adult entertainment," "adult entertainment establishment," "adult novelty store," "adult theater," "distinguished or characterized by their emphasis upon," "nude or seminude model studio " "regularly features," "regularly shown," and "sexual encounter establishment" have the same meanings as in R.C. § 2907.39.
(B) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE.
Any individual on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent, or otherwise, but does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
IMMEDIATE FAMILY.
A person's spouse residing in the person's household, parents, siblings of the whole or of the half blood, and children, including adopted children.
LICENSE.
A license to act or operate a sexually oriented business, issued pursuant to this subchapter.
LICENSEE.
A person in whose name a license to operate has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to an employee license issued under this subchapter,
LICENSEE
means an employee as defined in this division, in whose name a license has been issued authorizing employment at sexually oriented business.
OPERATE.
To control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility.
OPERATE
or
CAUSE TO BE OPERATED
shall mean to cause to function or to put or keep in operation.
OPERATOR.
Any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. 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.
PATRON.
Any individual on the premises of a sexually oriented business, except for any of the following:
(a) An operator or an employee of the sexually oriented business;
(b) An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;
(c) A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee's or volunteer's duties as a public employee or volunteer's duties as a public employee or volunteer.
PERSON.
An individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
PREMISES.
The real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited, to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control or supervision of the owner or operator of the sexually oriented business.
SEXUALLY ORIENTED BUSINESS.
An adult arcade, adult bookstore, adult cabaret, adult entertainment establishment, adult motion picture theater, adult novelty store, adult theater, adult video store, sexual device shop, sexual encounter center, and sexual encounter establishment as defined by division (A) of this section, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.
SPECIFIED CRIMINAL ACTIVITY.
Any of the following offenses:
(a) Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;
(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; or
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 of a felony offense.
(c) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS.
Shall mean any of the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in the business whether by sale, exchange, or similar means; or
(c) 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. 12-2010, passed 6-8-10)