The City of Reynoldsburg's Zoning Ordinance hereby requires that adult entertainment and/or sexually oriented businesses or clubs shall be permitted only as provided in Section 795.03 in which use is listed as permissible. Permits for adult entertainment and/or sexually oriented businesses or clubs shall be required and governed by the procedures and policies specified in Section 795.08 et seq. In addition, any adult entertainment and/or sexually oriented business or club shall be subject to the following provisions:
(a) Whoever violates any provision of this chapter, for which no other penalty is provided, is guilty of one (1) of the following:
(1) If the offender has not been previously convicted of or pleaded guilty to a violation of this chapter for which no other penalty is provided or of any provision of the Ohio Revised Code or of a municipal ordinance that is substantially similar to any such provision of this chapter, unless otherwise specified, a misdemeanor of the fourth degree;
(2) If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to one (1) violation of any provision of this chapter, unless otherwise specified, a misdemeanor of the third degree;
(3) If, within one (1) year of the offense, the offender previously has been convicted of or pleaded guilty to two (2) or more violations of any provision of this chapter, unless otherwise specified, a misdemeanor of the first degree.
(b) No person shall operate or cause to be operated an adult entertainment and/or sexually oriented business or club except as provided in Section 795.03.
(c) No person shall operate or cause to be operated an adult entertainment and/or sexually oriented business or club within five hundred (500) feet measured from the outermost wall of the structure of the sexually oriented business that is nearest to the property line of any building or use referred to in Section 795.02(j), (k), (l), (m), and (n), along the shortest possible course, without regard to intervening structures or objects, regardless of any customary or common route or path of travel.
(d) No person shall operate or cause to be operated an adult entertainment and/or sexually oriented business or club within a five hundred (500) feet radius measured from the centerline of the front door of the establishment to the centerline of the front door of another such business or club; which will include any adult arcade, adult books store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor or any sexual encounter establishment, except as provided in Section 795.03(b).
(e) No person shall cause or permit the operation, establishment, or maintenance of more than one (1) adult entertainment and/or sexually oriented business or club within the same building, structure, or portion thereof, except as provided in Section 795.03(b), or causes the substantial enlargement of any adult entertainment and/or sexually oriented business or club in any building, structure or portion thereof containing another adult entertainment and/or sexually oriented business or club.
(f) It is a defense to prosecution under this section if a person appearing in a state of nudity did so in a modeling class operated:
(1) By a proprietary school, licensed by the State of Ohio: a college, junior college, or university supported entirely or partly by taxation;
(2) 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
(3) In a structure:
A. Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; and
B. Where, in order to participate in a class a student must enroll at least three (3) days in advance of the class; and
C. Where no more than one (1) semi-nude model is on the premises at any one (1) time.
(Ord. 116-99. Passed 9-20-99. Ord. 17-2021. Passed 2-22-21.)