(a) In this chapter:
(1) “Adult arcade” means any place to which the public is permitted or invited wherein coin- operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, 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 distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(2) “Adult bookstore” or “adult video store” means a commercial establishment that has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals, or other printed matter, or photographic films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
(3) “Adult cabaret” means a nightclub, bar, juice bar restaurant, bottle club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
A. Persons who appear in a state of nudity or seminudity; or
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 entertainment” means the sale, rental, or exhibition, for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of specified anatomical areas or specified sexual activity.
(5) “Adult entertainment establishment” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, nude or seminude model studio, or sexual encounter establishment. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to R.C. § 4731.15, is not an “adult entertainment establishment.”
(6) “Adult motel” means a hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproduction which is characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photograph reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than ten hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
(7) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown to more than five individuals.
(8) A. “Adult novelty store” means a commercial establishment that for any form of consideration, has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental of any of the following:
1. Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs or video reproductions, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas; or
2. 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 self or others.
B. “Adult novelty store” includes a commercial establishment as defined in R.C. § 2907.38. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, or adult video store. The existence of other principal business purposes does not exempt an establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.
(9) “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
(10) “Characterized by” means describing the essential character or quality of an item.
(11) “Chief of Police” means the Chief of Police of the city or his designated agent.
(12) “Day(s)” means business days unless otherwise specified.
(13) “Distinguished or characterized by their emphasis upon” means the dominant or principal character and theme of the object described by this phrase. For instance, when the phrase refers to films “that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas” the films so described are those whose dominant or principal character and theme are the exhibition or description of specified sexual activities or specified anatomical areas.
(14) “Employee” means any individual on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent, or otherwise, but does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
(15) “Escort” means a person who, for consideration, agrees or offers to act as a companion, guide or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(16) “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.
(17) “Establishment” means and includes any of the following:
A. The opening or commencement of any sexually oriented business as a new business;
B. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
C. The addition of any sexually oriented business to any other existing sexually oriented business; or
D. The relocation of any sexually oriented business.
(18) “Historic district” means area, place, site building, structure, object or work of art as designated by the city.
(19) “Hospital” means an institution classified as a hospital under R.C. § 3701.07, in which are provided to inpatients, diagnostic, medical, surgical, obstetrical, psychiatric or rehabilitation care for a continuous period longer than 24 hours.
(20) “Immediate family” means a person's spouse residing in the person's household, parents, siblings of the whole or of the half blood, and children, including adopted children.
(21) “License” means a license to act or operate a sexually oriented business, issued pursuant to this chapter.
(22) “Licensee” means a person in whose name a license to operate has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to an employee license issued under this chapter, “licensee” means an employee as defined by § 838.02(a)(14) above in whose name a license has been issued authorizing employment at sexually oriented business.
(23) “Nude or seminude model studio.”
A. Any place where a person who appears in a state of nudity or seminudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
B. A modeling class or studio is not a “nude or seminude model studio” and is not subject to this chapter if it is operated in any of the following ways:
1. By a college or university supported entirely or partly by taxation;
2. By a private college or university that maintains and operates educational programs, the credits for which are transferable to a college or university supported entirely or partly by taxation.
3. In a structure that has no sign visible from the exterior of the structure and no other advertising indicating that a person appearing in a state of nudity or seminudity is available for viewing, if in order to participate in a class in the structure, a student must enroll at lease three days in advance of the class and if not more than one nude or seminude model is on the premises at any one time.
(24) “Nudity” or a “state of nudity” means:
A. The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or
B. A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.
(25) “Operates” means to control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. “Operate”
(26) “Operator” means any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
(27) “Patron” means any individual on the premises of a sexually oriented business, except for any of the following;
A. An operator or an employee of the sexually oriented business;
B. An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;
C. A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee's or volunteer's duties as a public employee or volunteer.
(28) “Person” means individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(29) “Premises” means the real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control, or supervision of the owner or operator of the sexually oriented business.
(30) “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.
(31) “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.
(32) “Regularly features” or “regularly shown” means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult entertainment establishment.
(33) “Religious institution” means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(34) “Residential district” means a single- family, duplex, townhouse, multiple-family or mobile home zoning district.
(35) “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 and high schools.
(36) “Seminude” means a state of dress in which opaque clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(37) “Sexual device” means any three- dimensional object designed and marketed for stimulation of the male or female human genitals or anus or female breasts or for sadomasochistic use or abuse of oneself or others, including but not limited to, dildos, vibrators, penis pumps, and physical representations of the human genital organs, but not including devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
(38) “Sexual device shop” means a commercial establishment that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic, or establishment primarily dedicated to providing medical or healthcare products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.
(39) “Sexual encounter establishment.”
A. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration a place where either of the following occur:
1. Two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities.
2. Two or more persons appear nude or seminude for the purpose of displaying their nude or seminude bodies for their receipt of consideration or compensation in any type or form.
B An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to R.C. § 4731.15, is not a “sexual encounter establishment”.
(40) “Sexually oriented business” means an adult arcade, adult bookstore, adult cabaret, adult entertainment establishment, adult motion picture theater, adult novelty store, adult theater, adult video store, sexual device shop, sexual encounter center, sexual encounter establishment, escort agency and adult motel as defined by § 838.02 of this chapter, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.
(41) “Specified anatomical areas” means human genitals, pubic region, and buttocks and the human female breasts below the point immediately above the top of the areola.
(42) “Specified criminal activity” means any of the following offenses:
A. Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country, for which:
1. Less than two 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; or
2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
B. The fact that a conviction is being appealed shall not prevent such conviction from constituting a “specified criminal activity” as defined in this section.
(43) “Specified sexual activities” means sexual intercourse, oral copulation, masturbation, or sodomy, or excretory functions as a part of or in connection with any of these activities.
(44) “Substantial enlargement” of a sexually oriented business means the increase in floor area occupied by the business by more than 25%, as the floor area exists on January 1, 2011.
(45) “Transfer of ownership or control” of a sexually oriented business shall mean any of the following:
A. The sale, lease, or sublease of the business;
B. The transfer of securities which constitute a controlling interest in the business whether by sale, exchange, or similar means; or
C. 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.
(Ord. 26-2010, passed 10-18-2010)