As used in this chapter the following words and phrases shall have the meaning indicated unless the context clearly indicates a different meaning.
(a) ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration; electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguishable or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas.”
(b) ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE means a commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which are characterized by the depiction or the description of “specified sexual activities” or “specified anatomical areas;” or
(2) Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities.”
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as ADULT BOOKSTORE, ADULT NOVELTY or ADULT VIDEO STORE. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIEW STORE so long as one of its business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(c) ADULT CABARET means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances which are characterized by the exposure of “specified anatomical areas: or by “specified sexual activities;” or
(3) 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.”
(d) ADULT ENTERTAINMENT means:
(1) An exhibition of any adult oriented motion pictures which are distinguished and characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”; or
(2) A live performance, display or dance of any type, which has as a significant or substantial portion of the performance, any actual or simulated performance of “specified sexual activities” or exhibition in viewing of “specified anatomical areas” or persons in a state of nudity or semi-nudity; or
(3) 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.”
(e) ADULT MOTION PICTURE THEATER means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(f) ADULT THEATER means a theater, tavern, concert hall, banquet hall, party room, conference center, restaurant, nightclub, club, bar, recreation center, indoor amusement center, dance hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
(g) EMPLOYEE means a person who performs any service on the premises of a sexually oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent, lessee, lessee of a dance floor or space or otherwise, and whether or not said person is paid a salary, wage or any compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(h) ESCORT means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another, or who agrees or offers to privately model lingerie or to privately perform a strip tease for another person.
(i) 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.
(j) ESTABLISHMENT OR ESTABLISH means and includes any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business; to any sexually oriented business;
(3) The addition of any sexually oriented business or sexually oriented use to any other existing sexually oriented business or sexually oriented use; or
(4) The relocation of any sexually oriented business.
(k) LICENSEE means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
(l) KNOWINGLY means having a general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(1) The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or persons;
(2) The age of a minor: provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the licensee or person made a reasonable bona fide attempt to ascertain the true age of such minor.
(m) NUDE MODEL STUDIO means any place where a person who appears semi- nude, in a state of nudity, or who displays “specified anatomical areas” and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration, nude model studios shall not include a proprietary school licensed by the State of Ohio where a college, junior college, or university supported entirely or in part by public taxation; 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 in a structure:
(1) That no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and
(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 or semi-nude model is on the premises at one time.
(n) NUDITY OR A STATE OF NUDITY means the showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernible turgid state.
(o) PERSON means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(p) SEMI-NUDE OR IN A SEMI-NUDE CONDITION means the state of dress in which clothing only partially or opaquely covers “specified anatomical areas.”
(q) SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex, or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi- nudity.
(r) SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center or other commercial establishment where adult entertainment is presented for money or other forms of consideration.
(s) SPECIFIED ANATOMICAL AREAS means human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernible turgid state, even if completely covered.
(t) SPECIFIED CRIMINAL ACTIVITY means any of the following offenses:
(1) Prostitution; compelling, procuring, promoting, soliciting or loitering to engage in solicitation of prostitution; importuning; dissemination or pandering of obscenity; sale, dissemination or display of harmful material to a minor; sexual performance by a child; possession, distribution or pandering of child pornography or of obscenity involving a minor; public indecency; voyeurism; unlawful sexual contact with a minor; engaging in organized criminal activity; sexual battery; rape; sexual imposition; gross sexual imposition; molestation of a child; illegal use of minor in a nudity-oriented material or performance; deception to obtain material harmful to juveniles; compelling acceptance of objectionable materials; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
(2) For which:
A. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
B. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for conviction, whichever is the later date, if the conviction is of a felony offense; or
C. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
(u) SPECIFIED SEXUAL ACTIVITIES means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy;
(3) Excretory functions as part of or in connection with any of the activities set forth in 1 and 2 above; or
(4) Human genitals in a state of sexual stimulation or arousal.
(v) SUBSTANTIAL ENLARGEMENT of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date of licensing.
(w) TRANSFER OF OWNERSHIP OR CONTROL of an adult entertainment business means and includes any of the following:
(1) The sale, lease or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control
(x) VIEWING BOOTHS means booths, stalls, partitioned portions of a room, rooms or other enclosures which are available for viewing:
(1) Films, movies, videos, or visual reproductions of any kind depicting or describing “specified sexual activities” or “specified anatomical areas,” or
(2) Persons who appear in a state of nudity or semi-nudity or who offer performances or presentations characterized by the exposure of “specified anatomical areas” or by “specified sexual activities.”
(Ord. 020219-15. Passed 2-20-02.)