As used in this Chapter and in Part Eleven - Zoning Code:
(a) "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, or other visual representations, for viewing by 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.
(b) "Adult cabaret" means a nightclub, bar, restaurant, private club, bottle club, juice bar or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1) Persons who appear nude or semi-nude or in a state of nudity or semi-nudity;
(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, digital video discs, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(c) "Adult motel" means a motel, hotel or similar commercial establishment which offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are 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, television, internet or social media.
(d) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, digital video discs, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
(e) "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 semi-nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities which is not customarily open to the general public during such features because it excludes minors by reason of age.
(f) "Applicant" means any person who signs an application for a license to operate a sexually oriented business under Section 707.03.
(g) "Conviction" or "convicted" means a finding of guilt by a court of law, but shall not include convictions overturned on appeal prior to the date of application under this Chapter.
(h) "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business, or a person who receives any form of remuneration, tips of any kind or gratuities from the operator or customers of said business.
(i) "Entertainer" means any person who provides sexually oriented adult entertainment in an adult cabaret or sexual encounter establishment whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment.
(j) "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 privately model lingerie or to privately appear in the state of nudity or semi-nudity for another person.
(k) "Escort agency" means a person or business association that furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
(l) "Establishment" 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 of the sexually oriented businesses defined in this Chapter;
(3) The addition of any of the sexually oriented businesses defined in this Chapter to any other existing sexually oriented business; or
(4) The relocation of any such sexually oriented business.
(m) "Independent contractor" means a person who contracts with a sexually oriented business establishment to provide services on behalf of the sexually oriented business to the patrons of such business, whether or not the individual receives any remuneration, gratuity or tips of any kind, or pays the owner or operator for the right to perform or entertain in the sexually oriented business. The intention of this paragraph is to exclude those persons who are not employees and who are not reasonably expected to have contact with customers or patrons of the sexually oriented business, including, but not limited to, persons on the licensed premises performing repair or maintenance services or delivering goods to the licensed premises.
(n) "License holder" means a person or entity in whose name a license to operate a sexually oriented business has been issued.
(o) "Licensed premises" means any premises on which a business that holds a license issued under this Chapter is located.
(p) "Manager" means any person who participates directly in the day-to-day management of the sexually oriented business.
(q) "Massage parlor" means any place where, for any form of consideration massage, or any other treatment or manipulation of the human body which occurs as a part of or in connection with specified sexual activities is offered, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas.
(r) "Nude, nudity or state of nudity" means a live person exhibiting: (a) the anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover the anus, male or female genitals, pubic region or areola or nipple of the female breast.
(s) "Operate or cause to be operated" means to cause to function or to put or keep in operation.
(t) "Operator" means and includes any persons on the licensed premises of a sexually oriented business who are authorized to exercise overall operational control of the business or who cause to function or put or keep in operation the business. 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 license holder of the business.
(u) "Owner" includes any person or entity listed as an owner on the application for a license to operate a sexually oriented business and the manager, operator or person in charge of the business.
(v) "Physical contact" means deliberately touching another person or another person's clothing.
(w) "Regularly features" or "regularly shown" means, with respect to an adult theatre or adult cabaret, that as a consistent course of conduct, the business displays films or performances containing the depiction or description of specified sexual activities or specified anatomical areas.
(x) "Semi-nude model studio" means any place where a person regularly appears in a state of nudity or semi-nudity or displays specified anatomical areas for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.
(y) "Semi-nude, semi-nudity or a state of semi-nudity" means a state of dress in which opaque clothing covers no more than the genitals, pubic region and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.
(z) "Sex Store" means a retail business offering goods for sale or rent and that meet any of the following tests:
(1) More than ten percent (10%) of the stock in trade or more than ten percent (10%) of the gross public floor area of the business consists of "sexually- oriented novelties or toys";
(2) It offers for sale items from any two (2) of the following categories: "adult media," "sexually-oriented novelties or toys," lingerie, or apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business or occupies more than ten percent (10%) of the gross public floor area of the business; or
(3) Which advertises or holds itself out in any forum as a sexually oriented business by use of such terms as "sex toys," "marital aids," "X-rated," "XXX," "adult," "sex," "nude," or otherwise advertises or holds itself out as a sexually oriented business.
(4) "Sex store" shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.
(aa) "Sexual encounter establishment" means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration: (a) 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 (b) 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. A "sexual encounter establishment" does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Ohio engages in medically approved and recognized therapy.
(bb) "Sexually oriented adult entertainment" means a live performance at an adult cabaret.
(cc) "Sexually oriented business" 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, sex store, escort agency or semi-nude model studio, as the terms are defined in this Chapter.
(dd) "Simulate" means to assume the mere appearance of something, without the reality; to imitate or pretend.
(ee) "Specified anatomical areas," means and includes any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, anus, or areolas or nipple of female breasts; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(ff) "Specified criminal act," means sexual crimes against children, sexual abuse, rape or the following crimes connected with another sexually oriented business: distribution of material harmful to minors, prostitution or tax violations.
(gg) "Specified sexual activities," means and includes any of the following:
(1) The fondling or other intentional touching of human genitals, pubic region, anus, or female breast;
(2) Sex acts, normal or perverted, 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; or
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) of this definition.
(hh) "Transfer of ownership or control," shall mean 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 sexually oriented business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(ii) "Viewing room" means the room, booth or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video or other video reproduction.
(Ord. 19-85. Passed 3-26-19.)
(Ord. 19-85. Passed 3-26-19.)