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Reynoldsburg Overview
Reynoldsburg Code of Ordinances
Reynoldsburg, Ohio Code of Ordinances
Adopting Ordinance
ROSTER OF OFFICIALS
TABLES OF SPECIAL ORDINANCES
COMPARATIVE SECTION TABLE
REYNOLDSBURG CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 701 Landlord-Tenant Relationships
CHAPTER 711 Billiard Rooms
CHAPTER 715 Alarm Systems
CHAPTER 721 Circuses and Carnivals
CHAPTER 731 Garbage and Refuse Collection
CHAPTER 732 Rates for Residential Collection and Disposal of Garbage, Refuse, Recyclables, and Yard Waste
CHAPTER 741 Solicitors
CHAPTER 751 Home Sales
CHAPTER 757 Pawnbrokers
CHAPTER 759 Secondhand Dealers
CHAPTER 761 Self-Service Filling Stations
CHAPTER 771 Public Ballrooms
CHAPTER 781 Coin-Operated Amusement Devices
CHAPTER 785 Medical Marijuana Facilities
CHAPTER 791 Community Antenna Television Systems
CHAPTER 793 Cable Television Systems
CHAPTER 795 Adult Entertainment and/or Sexually Oriented Businesses or Clubs
795.01 PURPOSE AND INTENT.
795.02 DEFINITIONS.
795.03 ESTABLISHMENT AND CLASSIFICATION OF BUSINESSES OR CLUBS REGULATED.
795.04 MEASUREMENT OF DISTANCE.
795.05 LOCATION OF ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESSES OR CLUBS.
795.06 REGULATIONS GOVERNING EXISTING ADULT ENTERTAINMENT
795.07 INJUNCTION.
795.08 ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESS PERMIT: PURPOSE AND INTENT.
795.09 PERMIT REQUIRED.
795.10 INVESTIGATION AND APPLICATION.
795.11 ISSUANCE OF PERMIT.
795.12 ANNUAL PERMIT FEE.
795.13 INSPECTION.
795.14 EXPIRATION OF PERMIT.
795.15 SUSPENSION OF PERMIT.
795.16 REVOCATION OF PERMIT.
795.17 JUDICIAL REVIEW OR PERMIT DENIAL, SUSPENSION OR REVOCATION.
795.18 TRANSFER OF PERMIT.
795.19 ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESS OR CLUB EMPLOYEE LICENSE.
795.20 REGULATIONS PERTAINING TO EXHIBITION OF SEXUALLY EXPLICIT FILMS OR VIDEOS IN VIDEO BOOTHS.
795.21 PROHIBITIONS REGARDING MINORS AND ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESSES OR CLUBS.
795.22 ADVERTISING AND LIGHTING REGULATIONS.
795.23 HOURS OF OPERATION.
795.24 REGULATIONS PERTAINING TO TOILET FACILITIES.
795.25 MASSAGE PARLOR OPERATING REQUIREMENTS.
795.26 NUDITY AT ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESSES OR CLUBS PROHIBITED.
795.27 REGULATIONS PERTAINING TO LIVE ENTERTAINMENT.
795.28 ADDITIONAL CRIMINAL PROHIBITIONS FOR THE OPERATION OF AN ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESS OR CLUB WITHOUT A VALID PERMIT.
795.29 EXEMPTIONS.
795.30 CRIMINAL PENALTIES AND ADDITIONAL LEGAL, EQUITABLE, AND INJUNCTIVE RELIEF.
795.31 NEWSRACKS.
795.32 IMMUNITY FROM PROSECUTION.
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - NUISANCE AND PROPERTY MAINTENANCE CODE
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795.02 DEFINITIONS.
   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)
795.03 ESTABLISHMENT AND CLASSIFICATION OF BUSINESSES OR CLUBS REGULATED.
   The establishment of an adult entertainment and/or sexually oriented business or club shall be permitted only in the Community Commercial Zone (CC), and shall be subject to the following restrictions. No person shall cause or permit the establishment of any of the following adult entertainment and/or sexually oriented businesses or clubs, as defined above, within five hundred (500) feet radius of another such business or club measured from the centerline of the front door of the establishment or within five hundred (500) feet radius of any building or use referred to in Section 795.02(j), (k), (l), (m), (n) measured from the centerline of the front door of the establishment, and are classified as follows:
   (a)   Adult arcade;
   (b)   Adult bookstore;
   (c)   Adult cabaret;
   (d)   Adult motel;
   (e)   Adult motion picture theater;
   (f)   Adult novelty store;
   (g)   Adult theater;
   (h)   Adult video store;
   (i)   Massage parlor;
   (j)   Sexual encounter establishment;
   (k)   Escort agency;
   (l)   Semi-nude model studio; or
   (m)   Any business establishment or club, regardless of the title or classification, that can be identified as an adult entertainment and/or sexually oriented business or club pursuant to this chapter.
(Ord. 116-99. Passed 9-20-99; Ord. 17-2021. Passed 2-22-21.)
795.04 MEASUREMENT OF DISTANCE.
   (a)   As regarding Section 795.03(a), distance between any two (2) adult entertainment and/or sexually oriented business or club shall be measured by a five hundred (500) feet radius without regard to intervening structures, measured from the centerline of the front door of each business or club.
   (b)   The distance between any adult entertainment and/or sexually oriented business or club and any building or use referred to in Section 795.02(j), (k), (l), (m), (n) shall be measured from the outermost wall of the structure or proposed 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.
(Ord. 116-99. Passed 9-20-99. Ord. 17-2021. Passed 2-22-21.)
795.05 LOCATION OF ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESSES OR CLUBS.
   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.)
   795.06 REGULATIONS GOVERNING EXISTING ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESSES OR CLUBS.
   (a)   Any adult entertainment and/or sexually oriented business or club lawfully operating on the effective date of Chapter 795, or subject amendment thereto, that is in violation of Sections 795.03 and 795.05, shall be deemed an existing, non-conforming use. An existing, non-conforming use is governed by Chapter 1107 of the Planning and Zoning Code of the City of Reynoldsburg. Such existing, nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two (2) or more sexually oriented businesses or clubs are within a five hundred (500) feet radius measured from the centerline of the front door of the establishments of one another and otherwise in a permissible location, the adult entertainment and/or sexually oriented business or club which was first established and continually operated at the particular location is the conforming use and the later established business(es) is non-conforming, except as provided in Section 795.03(b).
   (b)   An adult entertainment and/or sexually oriented business or club lawfully operating as conforming use is not rendered a non-conforming use by the location, subsequent to the grant or renewal of an adult entertainment and/or sexually oriented business or club permit and/or license of any building or use referred to in Section 795.02(j), (k), (l), (m), (n) 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. This provision applies only to the renewal of a valid permit and/or license and does not apply when an application for a permit and/or license is submitted after a permit and/or license has expired or has been revoked.
   (c)   Any establishment subject to the provision of this section shall apply for the permit provided for by Section 795.10 within thirty (30) days of the effective date of this chapter or any amendment subsequent thereto. Any establishment, existing prior to the effective date of this chapter, shall comply with the regulations pertaining to Sections 795.20, 795.22, and 795.32, within sixty (60) days of the effective date of this chapter, and all other applicable permit regulations within thirty (30) days of the effective date of this chapter.
(Ord. 116-99. Passed 9-20-99; Ord. 17-2021. Passed 2-22-21.)
795.07 INJUNCTION.
   In addition to the criminal penalties outlined in Section 795.05, a person who operates or causes to be operated an adult entertainment and/or sexually oriented business or club without having a valid permit due to location restrictions is subject to a suit for injunction as well as prosecution for the criminal violation. Such violation shall be punishable by a fine of $1,000.00 and/or 30 days imprisonment, and if an injunction must be sought, attorneys fees and costs will be assessed at the discretion of the Court against the adult entertainment and/or sexually oriented business or club,
(Ord. 116-99. Passed 9-20-99)
795.08 ADULT ENTERTAINMENT AND/OR SEXUALLY ORIENTED BUSINESS PERMIT: PURPOSE AND INTENT.
   It is the purpose of this chapter to regulate adult entertainment and/or sexually oriented business or club to promote the health, safety, morals and general welfare of the citizens of the city, to preserve property values and to establish reasonable and uniform regulations to prevent deleterious effects of adult entertainment and/or sexually oriented business or club within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction, on the content of any communicative materials, including adult entertainment and/or sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or to deny access by adults to adult entertainment and/or sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of adult entertainment and/or sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter in any way to condone or legitimize the distribution of materials which are obscene or harmful to minors.
(Ord. 116-99. Passed 9-20-99)
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