For the purposes of this division, certain terms and words are defined as follows:
(a) "Adult Entertainment and/or Sexually Oriented Business or Club" is a business or club defined as follows:
(1) "Adult Arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing for five or fewer persons each, are regularly used to show 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".
(2) "Adult Bookstore" means a commercial establishment which derives ten percent or more of its gross income from the sale, rental of, or utilizes ten percent or more of its retail selling area for the display of any of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";
B. An establishment may have other principal business purposes that do not involve the offering for sale rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas" and still categorized as adult bookstore. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities.
(3) "Adult Cabaret" means a nightclub, bar, restaurant, "bottle club", "juice bar", club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
A. Persons who appear nude or in a state of nudity or in a semi-nudity;
B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
C. 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".
(4) "Adult Motel" means a motel, hotel, or similar commercial establishment which:
A. Offers public accommodations, for any form of consideration, which provide patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions 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 a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
B. Offers a sleeping room for rent for a period of time less than ten hours; or
C. Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
(5) "Adult Novelty Store" means a commercial establishment which derives ten percent or more of its gross income from the sale, rental of, or utilizes ten percent or more of its retail selling area for any form of consideration, instruments, devices, or paraphernalia which are designed for use, or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
(6) "Adult Video Store" means a commercial establishment which derives ten percent or more of its gross income from the sale, rental of, or utilizes ten percent or more of its retail selling area for any one of the following:
A. Films, motion pictures, video cassettes, slides, compact discs, and/or computer generation or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
B. An establishment may have other principal business purposes that do not involve the offering for sale rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still categorized as an adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult video store, so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."
(8) "Adult Theater" means 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 anatomical areas" or by "specified sexual activities".
(9) "Club" means a voluntary, incorporated or unincorporated, public or private association of persons for common purposes of a social, literary, investment, political nature, or the like, which membership carries exclusive use of club premises and club privileges.
(10) "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to publicly or privately model lingerie or to publicly or privately perform a striptease for another person.
(11) "Escort Agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(12) "Massage Parlor" means any place where, for any form of consideration or gratuity, massage, or use any method on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical, electrical or magnetic apparatus or appliance with or without any such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or other similar preparations commonly used in this practice, or any other treatment manipulation of the human body which occurs as part of or in connection with unspecified sexual activities", or where any person providing such treatment, manipulation, or service related thereto. exposes his or her "specified anatomical areas". Any person providing such treatment, manipulation or service related thereto, must be licensed by the State of Ohio. The definition of massage parlor for purposes of adult entertainment and/or sexually oriented businesses or clubs 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 athlete or athletic team or school athletic program.
(13) "Semi-nude Model Studio" means any place where a person regularly appears in a state of nudity or displays "specified anatomical areas" and is provided money or any form of consideration for the purpose of being observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(14) "Sexual Encounter Establishment" means a business or commercial establishment or club 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 or more of the persons is in a state of nudity or semi-nudity. The definition of adult entertainment and/or sexually oriented businesses or clubs shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in a medically approved and recognized sexual therapy.
(b) "Employee" means a person who works or performs in and/or for an adult entertainment business and/or sexually oriented business or club, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business or club.
(c) "Establishment" means and includes any of the following:
(1) The opening or commencement of any such business or club as a new business or club;
(2) The conversion of an existing business or club, whether or not an adult entertainment and/or sexually oriented business or club, to any of the adult entertainment and/or sexually oriented businesses or clubs defined in this chapter;
(3) The addition of any of the adult entertainment and/or sexually oriented businesses or clubs defined in this chapter to any other existing adult entertainment and/or sexually oriented business or club; or
(4) The relocation of any such adult entertainment and/or sexually oriented business or club.
(d) "Minor' means any person under eighteen years of age.
(e) "Nudity or State of Nudity" means:
(1) The showing or representation of human male or female genitals, pubic area or buttocks with less than a full, opaque covering; or
(2) A female breast with less than full, opaque covering of any portion thereof below the top of the nipple or covered male genitals in a discernibly turgid state.
(f) "Operator" means and includes the owner, permit holder, custodian, manager or person in charge of any permitted or licensed premises.
(g) "Permitted or Licensed Premises" means any promises that requires a license and/or permit and that is classified as an adult entertainment and/or sexually oriented business or club.
(h) "Permittee and/or Licensee" means a person in whose name a permit and/or license to operate an adult entertainment and/or sexually oriented business or club has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
(i) "Person" means an individual, proprietorship, partnership, corporation, association, club, or other legal entity.
(j) "Public Building" means 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.
(k) "Public Park" or "Recreation Area", means public land which has been designated for park or recreation 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.
(l) "Religious Institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(m) "Residential District or Use" means a single, family, duplex, townhouse, multiple family, or mobile park or subdivision and campground or residential care facility as defined in the Planning and Zoning Code.
(n) "School" 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. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
(o) "Semi-Nude" means a state of dress in which clothing covers no more than the genitals, pubic regions, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.
(p) "Sexually Oriented Business and/or Adult Entertainment or Club" means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency or semi-nude model studio patronized by any person over the age of eighteen.
(q) "Specified Anatomical Areas" as used in this division 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 top of the areolae; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(r) "Specified Sexual Activities", as used in this division, means and includes any of the following:
(1) The fondling or other intentional touching of 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 subsection (1) through (3) of this division.
(s) "Substantial Enlargement of an Adult Entertainment and/or Sexually Oriented Business or Club" means increase in the floor areas occupied by the business or club by more than 10%, as the floor areas exist on June 30, 1999.
(t) "Transfer of Ownership or Control of an Adult Entertainment and/or Sexually Oriented Business or Club" means and includes any of the following:
(1) The sale, lease or sublease, or assignment of the business or club;
(2) The transfer of securities which constitute a controlling interest in the business or club, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business or club, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
(Ord. 116-99. Passed 9-20-99)