(a) Adult Booth. Any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(b) Adult Material. Any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed mater, or digitally store materials that are distinguished or characterized by an emphasis on the exposure, depiction or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(2) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(3) Instruments, novelties, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
(c) Village Zoning Ordinances. The part of the Codified ordinances of the Village of Shawnee Hills known and referred to as the Planning and Zoning code, as it may be amended from time to time.
(d) Civic Building or Use. A building or location that provides for community meetings and/or activities including, but not limited to, Municipal Hall, recreation center (public or private), Chamber of Commerce Building, Shawnee Hills Civic Association Building or other public buildings owned or operated by the Village.
(e) Commercial Establishment. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
(f) Days. Calendar days, unless specifically set forth in this chapter.
(g) Licensed Premises. The place or location described in the sexually oriented business establishment license where a sexually oriented business establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the licensed premises.
(h) Licensee. Any person or entity that has been issued a sexually oriented business license pursuant to the provisions of this chapter.
(i) Nude or State of Nudity. A state of dress or undress that exposes to view (1) less than completely and opaquely covered human genitals; pubic region, anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed; or (2) human male genitals ion a discernibly turgid state, even if completely and opaquely covered, or any device or covering that , when worn, simulated human male genitals in a state of discernibly turgid state.
(j) Reviewing Departments. The Police Department and Planning and Zoning Commission.
(k) Semi-Nude. A state of dress or undress in which clothing covers no more than the human genitals, anus, areolae of the female breast, as well as portions of the body covered by supporting straps or devises or by other minor accessory apparel such as hats, gloves, and socks.
(l) Sexually Oriented Business Commissioner. The Chair of Planning and Zoning or his/her designee, shall be the Sexually Oriented Business Use Commissioner.
(m) Sexually Oriented Business Establishment. A commercial establishment including, but not limited to, adult cabaret, adult store, or adult theater primarily engaged in presenting persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths or sale or display of adult material.
(1) Adult Cabaret. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
A. Persons who appear nude or semi-nude.
B. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specific anatomical areas of the conduct or simulation of specified sexual activities.
C. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(2) Adult Store. Any commercial establishment that:
A. Contains one or more adult booths;
B. As a substantial or significant portion of its business offers for sale, rental or viewing any adult materials; or
C. Has a segment or section devoted to the sale of display of adult materials.
(3) Adult Theater. Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(n) Sexually Oriented Business Establishment Employee. Any individual, including entertainers, who work in or at, or render any services directly related to the operation of an adult entertainment establishment; provided, however, that this definition shall not include person delivering goods, materials, (other than adult materials), food and beverages, or performing maintenance or repairs to the licensed premises.
(o) Sexually Oriented Business Establishment License. A license issued for a sexually oriented business establishment pursuant to the provisions of this chapter.
(p) Sexually Oriented Establishment Patron. A sexually oriented business patron, present in or at any sexually oriented business establishment at any time when such sexually oriented business is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
(q) Specified Anatomical Areas. 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, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.
(2) Human genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
(r) Specified Criminal Act. Any unlawful, lewd, indecent, or immoral criminal conduct; specifically, but without limitation, the lewd, indecent, or immoral criminal acts specified in any of the following statutes:
(1) Chapter 2907 of the Ohio Revised Code
(2) Chapter 533 of the codified Ordinances of the Village of Shawnee Hills
(s) Specified Sexual Activities. Any of the following:
(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy.
(3) Masturbation, actual or simulated.
(4) Human genitals in a state of sexual stimulation, arousal or tumescence.
(5) Excretory functions as part of or in connection with any of the activities set forth in subsections (1) through (5) of this definition.
(t) Straddle Dance. The use by any person, including specifically but without limitation, a sexually oriented business establishment employee, of any part of his or her body to touch the genitals, public region, buttock, anus or female breast of any sexually oriented business establishment patron or nay person, or the touching of the genitals, pubic regions, buttock, anus or female breast by any sexually oriented business establishment patron. Conduct shall be a straddle dance regardless of whether the “touch” or “touching” occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a straddle dance whether the “touch” or “touching” is direct or through a medium. Conduct commonly referred to by the slang terms “lap dance,” and “face dance,” shall be included within this definition of straddle dance.
(Ord. 18-2001. Passed 10-22-01.)