As used in this chapter, certain terms are defined as follows:
(a) “Knowledge” or “knowledge of such nuisance” means having knowledge of the contents and character of the patently offensive sexual conduct or demonstration which appears in the film or publication, or knowledge of the acts of lewdness, assignation or prostitution which occur on the premises.
(b) “Lewd” matter means any matter that:
(1) The average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) Depicts or describes patently offensive representations or descriptions of:
A. Ultimate sexual acts, normal or perverted, actual or simulated; or
B. Masturbation, excretory functions, or exhibition of the genitals or genital area.
Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political, or scientific value.
(c) “Massage” means any method of treating the superficial soft parts of the human body, for remedial, hygienic, or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand or by the use of any instrument.
(d) “Massage parlor” means any building, structure, or portion thereof, located within the City, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
(e) “Matter” means a motion picture film or a publication, or both.
(f) “Model studio” means:
(1) Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted for persons who pay a fee, or other consideration, compensation, or gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premises; or
(2) Any premises where there is conducted the business of furnishing, providing, or procuring, for a fee or other consideration, compensation, or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed, or otherwise similarly depicted.
(3) The term “model-studio” does not include:
A. Any studio which is operated by any state college, junior college, public school, or any governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements established by the State of Ohio for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma;
B. Any premises where there is conducted the business of furnishing, providing, or procuring figure models solely for any studio described in subsection (f)(3)A. hereof; or
C. Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.
(g) “Motion picture film” includes any:
(1) Film or plate negative;
(2) Film or plate positive;
(3) Film designed to be projected on a screen for exhibition;
(4) Films, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; and
(5) Video tape or any other medium used to electronically reproduce images on a screen.
(h) “Nude” includes:
(1) Completely without clothing; or
(2) With the human male or female genitals, pubic area, or buttocks with less than a full opaque covering or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state.
(i) “Person” means any individual, partnership, firm, association, corporation, or other legal entity.
(j) “Place” includes, but is not limited to, any building, structure or space, or any separate part or portion thereof, whether permanent or not, or the ground itself.
(k) “Publication” includes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or motion picture film that is displayed in an area open to the public, offered for sale, or exhibited in a coin-operated machine.
(l) “Sale” means a passing of title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or transfer or possession of, lewd matter.
(m) “Live theater productions” means any dramatic, musical, or comedic production performed in the actual presence of a live audience.
(Ord. 2004-08. Passed 2-9-04.)