(A) Purpose. The purpose of this section is to regulate sexually oriented businesses through the application of uniform zoning requirements to promote the health, safety, morals and general welfare of the citizens of Reading and establish reasonable and uniform regulations for the operation of sexually oriented businesses with the goal of reducing or eliminating the adverse secondary effects associated with sexually oriented businesses. It is not the intent of this section to limit or restrict the content of communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market.
(B) Definitions. For purposes of this section, certain terms and words are defined as follows:
SEXUALLY ORIENTED BUSINESSES. Those businesses defined as:
(1) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
(a) Book, magazine, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, computer generated images, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.
(2) ADULT CABARET. A nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(a) Persons who appear nude, semi- nude or in a state of nudity.
(b) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(c) Film, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(3) ADULT MOTEL. A motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which 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 which advertises the availability of this sexually oriented type of material by means of permitted signage visible from the public right-of-way, or by means of any permitted off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.
(4) ADULT MOTION PICTURE THEATER. A commercial establishment where 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" are regularly shown for any form of consideration.
(5) ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which for any form of consideration regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified sexual activities" or by "specified anatomical areas."
(6) EMPLOYEE. A person who works or performs in and/or for a sexually oriented business,
regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
(7) ESCORT. A person who, for any form of consideration agrees or offers to act as a companion, guide, or date for another person, and who agrees or offers to privately model lingerie or to privately perform a strip tease for another person or to engage in any specified sexual activity as defined herein.
(8) ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts, as defined in this section, as one of its primary business purposes for a fee, tip, or other consideration.
(9) ESTABLISHMENT. Includes any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this section;
(c) The addition of any of the sexually oriented businesses defined in this section to any other existing sexually oriented business; or
(d) The relocation of any such sexually oriented business.
(10) LICENSED MASSAGE THERAPIST. A person who engages in the practice of therapeutic massage, who has completed a course of study from a state accredited school, and who is licensed by the State of Ohio pursuant to Ohio R.C. 4731.15.
(11) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a
part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath nor by trainers for any amateur, semiprofessional or professional attempts or athletic team or school athletic program, nor by a licensed massage therapist.
(12) NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(13) NUDITY or STATE OF NUDITY.
(a) The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(b) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
(14) OPERATOR. Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
(15) PERMITTED OR LICENSED PREMISES. Any premises that requires a license and/or permit and that requires a license and/or permit and that is classified as a sexually oriented business.
(16) PERMITTEE and/or LICENSEE. A person in whose name a permit and/or license to operate any oriented business has been issued, as well
as the individual listed as an applicant on the application for a permit and/or license.
(17) PERSON. An individual, proprietorship, partnership, corporation association or other legal entity.
(18) PROTECTED USES. Those uses listed below and defined as:
(a) PUBLIC BUILDING. Any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
(b) PUBLIC PARK or RECREATION AREA. Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
(c) RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(d) RESIDENTIAL DISTRICT OR USE. A single family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in this zoning code.
(e) SCHOOL. Any public or private educational facility including but nor limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle school, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include any
facilities used primarily for another purpose and only incidentally as a school.
(f) PUBLIC USE. Any use that is open to the public, regardless or whether a fee is charged for admission.
(19) SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(20) SEXUAL ENCOUNTER ESTAB- LISHMENT. A business or commercial establishment that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one of more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses shall not include establishment where a medical practitioner, psychologist, psychiatrist, a licensed massage therapist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(21) SPECIFIED ANATOMICAL AREAS. As used in this division means and includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above, the top of the areolae; or
(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(22) SPECIFIED CRIMINAL ACTS. Crimes against children, sexual abuse, rape, gross sexual imposition and other crimes connected with sexually oriented businesses including but not limited
to distribution of obscenity or other material harmful to minors, pandering, prostitution or tax violations in connection with a sexually oriented business.
(23) SPECIFIED SEXUAL ACTIVITIES. As used in this division means and includes any of the following:
(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation actual or simulated;
(d) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(e) Excretory functions as part of or in connection with any of the activities set forth in subdivisions 1. through 4. of this definition.
(24) SUBSTANTIAL ENLARGEMENT OF A SEXUAL ORIENTED BUSINESS. Increase in the floor areas occupied by the business by more than 15%, as the floor area exist on February 1, 1998.
(25) TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes and 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.
(c) The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law, upon the death of a person possessing the ownership or control.
(C) Establishment and classification of regulated businesses.
(1) Sexually oriented businesses shall be permitted in a single commercial zone and shall be subject to the restrictions of this section. Specifically, sexually oriented businesses shall only be allowed in that portion of the heavy industrial zoning district that lies within the city north of Columbia Avenue and is bounded on the east by the Millcreek as identified in Exhibit "A," attached to Ordinance No. 98-08, passed February 3, 1998. Sexually oriented businesses are prohibited in all other districts.
(2) Sexually oriented businesses, as defined in division (B) of this section, are classified as follows:
(a) Adult bookstore, adult novelty store or adult video store;
(b) Adult cabaret;
(c) Adult motel;
(d) Adult motion picture theater;
(e) Massage parlor;
(f) Sexual encounter establishment;
(g) Escort agency; or
(h) Nude model studio.
(D) Location of sexually oriented business.
(1) Sexually oriented businesses may locate anywhere within the commercial zone identified in division (C) of this section, provided that:
(a) There is an intervening visual barrier on the property between the sexually oriented business and any protected use. Such barrier shall be either an intervening building, fence, mound or other visual buffer, or combination thereof of sufficient height and density to provide a visual barrier between the sexually oriented business and any adjacent protected use; and
(b) No two sexually oriented businesses are located on the same lot or adjacent lots.
(2) The adequacy of any proposed intervening visual barrier required in division (D)(1)(a) above shall be reviewed by the Planning Commission, which shall provide notice of such a hearing in the same manner as for a variance. Upon application for approval of the intervening visual barrier, the Planning Commission shall consider, at a minimum the following factors:
(a) Distance that the sexually oriented business is located from the property line and occupied structures in the protected use;
(b) Aesthetics;
(c) Cost of barrier;
(d) Line of sight; and
(e) Ability and responsibility to maintain barrier.
(3) In no event shall the proposed intervening visual barrier be required to exceed ten feet in height from ground level of the property at time of installation on which the proposed sexually oriented business is located, although the intervening visual barrier may in fact exceed ten feet.
(E) Non-conforming uses.
(1) Any sexually oriented business lawfully operating at the time of the of the enactment of this section that is in violation of divisions (C) and (D) of this section shall be deemed a non-conforming use. A nonconforming use may continue for one year, and may be extended by the Planning Commission upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of 30 days or more. Such non-conforming uses may not be increased, enlarged, extended or altered unless to a conforming use.
(2) A sexually oriented business lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of a protected use within 500 feet of the sexually oriented business. This subdivision does not apply to a business whose permit and/or license has expired or been revoked.
(3) Any establishment subject to the provisions of this section shall apply for a permit as provided under division (F) of this section within 30 days of the effective date of this section.
(F) Permit required.
(1) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city. Operation of such a business without a permit is a misdemeanor.
(2) The Safety-Service Director, or his or her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing sexually oriented businesses. To be approved, applications must comply with all vocational and zoning requirements of this chapter and the building codes of the city.
(3) Applications must be made on a form provided by the city. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:
(a) If the applicant is:
1. An individual: the individuals legal name, aliases and proof of age over 18.
2. A partnership: the complete name, all partners names, and a copy of any partnership agreement.
3. A corporation: its complete name; date of incorporation; names of all officers, directors and principal stockholders, name and address of its registered agent and evidence of good standing under Ohio law.
(b) The name of the sexually oriented business if different from the applicant's and any required registration documents.
(c) Whether the applicant or any individual listed in division (F)(3)(a) of this section has been convicted of a specified criminal act as defined under division (B) of this section within either two years for misdemeanor offenses, or five years for felony offenses or two or more misdemeanor offenses, immediately preceding the application date, and, if so, the act involved and the date and place of the conviction.
(d) Whether the applicant or other listed individuals has had a sexually oriented business permit revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit was suspended, revoked, or denied.
(e) Whether the applicant or other listed individuals hold any other sexually oriented business permits and the named and locations of all other such businesses.
(f) The proposed location of the business, including a legal description of the property, street address and telephone number.
(g) The location and description of any intervening uses.
(h) The applicant's business and residential addresses and telephone numbers.
(i) The applicant's driver's license number, Social Security number, tax identification number and a recent photograph.
(j) A sketch or diagram showing the configuration and total floor space of the premises. The sketch need not be professional, but must be drawn to scale and accurate to plus or minus six inches.
(k) A current certificate and straight line drawing prepared within 30 days prior to application by a registered land surveyor depicting property lines and structures and the property lines of any existing protected use within 500 feet of the proposed business. A protected use is established if it is in existence at the time the application is submitted.
(l) A sketch or drawing showing the location and dimensions of any existing or proposed visual barriers between the proposed business and any protected use. The sketch need not be professional, but must be drawn to scale and accurate to plus or minus six inches.
(m) The application must be signed by the individual applicant and each person who has at least ten percent interest in the business. If a corporation is the applicant then each person owning at least ten percent of the corporation must sign the application.
(4) Applicants are under a continuing duty to promptly update their application information. Failure to do so within 30 days of the date of a change in application information shall be grounds for permit suspension.
(5) If the Safety-Service Director or his or her designee learns that an applicant improperly completed the permit application, the Safety-Service Director or his or her designee shall promptly notify the applicant and allow ten days for correction.
(6) A $150 non-refundable application fee is due at the time the applicant files an application under this section.
(7) Prior to obtaining a permit to operate a sexually oriented business, the applicant shall obtain a certification that the proposed location complies with the vocational requirements of this section.
(8) The possession of other types of state or city permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually oriented business permit.
(9) By filing an application under this division the applicant shall be deemed to have consented to the provisions of this section and to the investigation of the application by the Safety-Service Director and his or her designees.
(10) The applicant is required to provide the city with the names of all employees required to be licensed under division (P) of this section. This obligation continues even after a permit is granted or renewed.
(11) A sexually oriented business permit may be renewed annually upon written application, subject to the payment of a $30 renewal fee, and a finding that the permit holder is still in conformance with the permit requirements. The fee is in addition to the payment of an annual permit fee required under division (I) of this section.
(G) Application investigation process. Upon receipt of an application the Safety-Service Director or his or her designee shall send photocopies of the application to all city agencies responsible for the enforcement of health, fire, building and zoning codes and laws. Each agency shall investigate the application for compliance with its respective code and approve or disapprove the application within 20 days of the receipt of the application by the city. An agency shall disapprove an application if it finds that the business would be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the city and the reason(s) for disapproval must be stated.
(H) Issuance of permit.
(1) An application shall be granted or denied within 30 days from the date of its proper filing.
(2) Grant of application for permit.
(a) An application shall be granted unless one of the criteria of division (b) below is met.
(b) The permit shall state on its face the name of the person or persons to whom it is granted and the address of the sexually oriented business and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so it can be read at any time.
(3) Denial of application for permit:
(a) An application may be denied for any of the following reasons:
1. An applicant is under 18 years of age.
2. An applicant or an applicant's spouse is overdue on the payment of taxes, fees, fines, or penalties assessed by the city in relation to a sexually oriented business.
3. An applicant is residing with a person whose permit to operate a sexually oriented business has been denied or revoked within the preceding 12 months.
4. An applicant has failed to provide information as requested in the applicant or has supplied false information.
5. The premises to be used are not in compliance with city health, fire, and/or building codes as determined by the city agency responsible for determining such compliance.
6. The $150 application fee has not been paid.
7. The proposed business does not comply with divisions (C) and (D) of this section.
8. To grant the application would violate a statute, ordinance or court order.
9. The applicant has a permit under this section which has been suspended or revoked.
10. The applicant has been convicted of a specified criminal act within the time limitation of division (A)(3) of this section.
11. An applicant knowingly has in his or her employ an employee who does not have a valid license as required in division (P) of this section.
(b) Applicants shall be promptly notified of an application denial and the reasons for denial.
(I) Annual permit fee. The annual fee for a sexually oriented business permit is $850.
(J) Inspector. Representatives of the city enforcement agencies County Health Department and the Fire Department shall be permitted to inspect a sexually oriented business to determine compliance with their respective departments, at any time it is occupied or open for business. The failure to allow inspection is unlawful and is a misdemeanor.
(K) Expiration of permit. Each permit shall expire one year from the date of issuance and may be renewed by making an application under division (F)(11) of this section at least 30 days before the expiration date. If a renewal is denied, a new permit shall not be issued for one year from the date of denial. If the basis for denial has been corrected and at least 90 days have elapsed from the date the denial became final, a new permit may be granted.
(L) Suspension of permit. A permit to operate a sexually oriented business may be suspended until the violation causing the suspension has been corrected, provided that the period is not to exceed 30 days, if a permittee or an employee of a permittee:
(1) Violates or is not in compliance with this section;
(2) Works at the sexually oriented business while under the influence of alcohol;
(3) Refuses to allow an inspection of the sexually oriented business in accord with this section;
(4) Knowingly permits gambling on the premises of the sexually oriented business;
(5) Fails to correct a violation of a building, fire, health or zoning code within seven days of notification of such violation;
(6) Transfers the sexually oriented business permit to another in violation of this chapter; or
(7) Knowingly employs a person without a valid license as required in division (P) of this section.
(M) Revocation of permit.
(1) A permit to operate a sexually oriented business shall be revoked upon a determination that either a permit is to be suspended for a second time within a 12 month period or that a permittee or employee of a permittee:
(a) Gave false or misleading information on the permit application which enhanced the permittee's opportunity to obtain a permit;
(b) Knowingly allowed the possession, sale or use of a controlled substance on the premises;
(c) Knowingly allowed prostitution on the premises;
(d) Has been convicted of a "specified criminal act" for which the time period required in division (F)(3)(c) of this section has not elapsed;
(e) Committed a specified criminal act on the permitted premises on one or more occasions within a 12 month period while employed by the permit holder;
(f) Has been convicted of tax violations for taxes or fees related to a sexually oriented business;
(g) Allowed any act of sexual intercourse, sexual conduct or any other specified sexual activities to occur in or on the permitted premises; or
(h) Operated more than one sexually oriented business under a single roof.
(2) A permit shall be revoked for one year and a permittee shall not receive any other permits for any other sexually oriented businesses during the one year revocation period. If the basis for revocation is corrected, the applicant may be granted a new permit if at least 90 days have elapsed since the date the revocation became effective.
(N) Judicial review of permit denial, suspension or revocation. An applicant or permittee may seek review of a denial of an application denial of a renewal of an application, suspension or revocation of a permit through the Planning Commission or special review board if one is established. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek review of the administration decision in the Hamilton County Court of Common Pleas.
(O) Transfer of permit
(1) A permittee shall not operate a sexually oriented business at any place other than the address designated in the application for permit.
(2) A permittee shall not transfer a permit to another person unless that person:
(a) Obtains an amendment to the permit upon the satisfactory completion of an application; and
(b) Pays a transfer fee of 20% of the annual permit fee.
(3) A permit may not be transferred when the permittee has been notified that suspension or revocation proceedings have been or will be brought against the permittee.
(4) A permit shall not be transferred to another location.
(5) Any transfer attempted in violation of this section is void and will revoke the permit.
(P) Sexually oriented business employee license.
(1) All employees of a sexually oriented business who engage in the services tendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor as defined under this section, or a live performer or entertainer are required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of $25 to cover reasonable administration costs.
(2) On a form provided by the city the applicant shall provide his or her:
(a) Name, including any "stage" names or aliases;
(b) Age, birth date and birthplace;
(c) Current resident and business addresses and phone numbers;
(d) Height, weight, hair and eye color;
(e) State driver's license or identification number and Social Security number;
(f) Proof of minimum age of 18;
(g) A color photograph and fingerprints on a form provided by the Reading Police Department;
(h) A statement detailing the license or permit history of the applicant for the previous five years including information as to whether a permit had ever been denied, revoked or suspended, the reason for such action, the date of such action, and the jurisdiction in which such action occurred; and
(i) Information as to whether the applicant has been convicted of a "specified criminal act" as defined in division (B) of this section and the date, place, jurisdiction and nature of such conviction
(3) The application review shall be completed within ten days of filing. The employee license shall be issued unless the city finds that:
(a) The applicant knowingly made a false, misleading or fraudulent statement of material fact;
(b) The application is under 18 years of age;
(c) The applicant has been convicted of a "specified criminal act" within the time periods prohibited by division (F)(3)(c) of this section;
(d) The license is to be used in a business prohibited by this section or other local or state law;
(e) The applicant has had an employee license revoked within two years of the date of the current application; or
(f) An employee license may be renewed annually upon written application subject to the payment of a $10 renewal fee and a finding that the applicant is still in conformance with the application requirements.
(Q) Operation of sexually oriented business. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business:
(1) In any manner except as provided under this section;
(2) Within proximity of any protected use without an intervening use and/or visual buffer;
(3) In the same building as an existing sexually oriented business, or causes the substantial enlargement of any sexually oriented business without obtaining and additional permit; or
(4) Without a valid permit as required under division (F) of this section.
(R) Minors prohibited. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business and knowingly or with reasonable cause to know, permits, suffers or allows:
(1) A person under 18 years of age to be admitted, remain or purchase foods or services at the business premises without the specific consent of a parent or guardian; or
(2) A person under 18 years of age to be employed at the premises.
(S) Advertising and lighting regulations. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business; and
(1) Advertises the presentation of any activity prohibited by this section or other local or state regulation;
(2) Displays or exhibits the materials and performances in advertising which is visible outside the premises except for advertising showing the existence or location of a sexually oriented business;
(3) Allows any portion of the interior premises to be visible from outside the establishment; or
(4) Fails to illuminate the premise entries and off-street areas from dusk until closing with a lighting system which provides a minimum horizontal illumination of one foot-candle of light on the parking surface and walkways.
(5) Nothing in this section relieves the permittee from compliance with any other provision of the Codified Ordinances of Reading, Ohio.
(T) On-premises advertising sign. On-premises advertising signs shall be permitted as allowed for districts zoned for business uses.
(U) Hours of operation. A person commits a misdemeanor if he or she operates or causes to be operated a sexually oriented business and allows the business to remain open or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 1:00 a.m. and 9:00 a.m. of any particular day. Any employee who engages in the above activity also commits a misdemeanor.
(V) Nudity prohibited. Public nudity, as defined under division (B) of this section and Ohio R.C. 2907.01(H) is prohibited in sexually oriented businesses. Any sexually oriented business which is found in violation of this division shall have its permit suspended pursuant to the provisions of division (L) of this section.
(W) Criminal penalties for the operation of a sexually oriented business without a valid permit. In addition to the criminal penalties found in other divisions of this section, it shall be unlawful and a person commits a misdemeanor if he or she operated or causes to be operated a sexually oriented business and knows or should know that the business does not have a sexually oriented business permit or has a permit which has expired or which has been suspended or revoked.
(X) Exemptions.
(1) It is a defense to prosecution for violation of this section that a person appearing in a state of nudity did so in a modeling class operated:
(a) By a college, junior college, or university supported in whole or in part by taxation;
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(c) In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;
2. Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
3. Where no more than one nude model is permitted at a time.
(2) It is a defense to prosecution for violation of this section that an employee of a sexually oriented business exposed any specified anatomical area during the bona fide use of a restroom or dressing room accessible only to employees.
(Y) Criminal penalties and legal equitable and injunctive relief.
(1) In addition to any applicable penalties under state or county law, any person convicted of a criminal offense under this section shall be guilty of a misdemeanor and be punished by a fine not to exceed $500 or by imprisonment not to exceed 60 days, or both. Each violation or noncompliance shall be considered as a separate offense as will each day of continued violation or noncompliance.
(2) The city may take any such lawful action to prevent or remedy any violation or non-compliance including, but not limited to, an equitable action for injunctive relief or an action at law for damages.
(Z) Immunity from prosecution. The city , the Police Department and all other city officers, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this section.
(Ord. 2003-51, passed 5-20-03)