For purposes of this chapter,
(a) "ADULT ARCADE" means any place to which the public is permitted or invited where one or more “video booths” and/or “live viewing booths” are available to patrons where the images shown and/or live entertainment presented are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(b) "ADULT CABARET" means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in areas of the establishment open to patrons in a “state of nudity” or “state of semi-nudity” so as to expose to view “specified anatomical areas;” or
(2) Live entertainment, exhibition, performance, or dance by persons whose entertainment, exhibition, performance, or dance is characterized by the depiction or description of specified anatomical areas or specified sexual activities; or
(3) Adult media.
(c) “ADULT MEDIA” means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r cd-rw), digital video discs in any format (e.g., dvd ), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”
(d) “ADULT MEDIA STORE” means an establishment that rents and/or sells adult media as one of its “principal business purposes.”
(e) "ADULT MOTEL" means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, 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; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(f) "ADULT MOTION PICTURE THEATER" means a commercial establishment occupying a building or portion of a building (including any portion of a building which contains more than 150 square feet) where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions, or other projected images are regularly shown, if such establishment as a prevailing practice excludes minors by virtue of age, regardless of whether the minor is accompanied by a parent or guardian, or if, as a prevailing practice, the films, motion pictures, video cassettes, slides or similar photographic reproductions, or other projected images presented are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons therein.
(g) “ADULT NOVELTY STORE” means a business offering goods for sale or rent and that meets any of the following tests:
(1) It offers for sale items from any two (2) of the following categories: “adult media,” “sexually-oriented novelties or toys,” lingerie, leather goods 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
(2) More than five percent (5%) of the stock in trade of the business consists of “sexually-oriented novelties or toys;” or
(3) More than five percent (5%) of the gross public floor area of the business is devoted to the display of “sexually-oriented novelties or toys;” or
(4) Or 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.
(h) "ADULT THEATER” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by the depiction or description of specified anatomical areas, specified sexual activities, or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment that is characterized by an emphasis on the depiction or description of specified anatomical areas, or specified sexual activities.
(i) "COVERING" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(j) "EMPLOYEE" means a person who performs any service or work on the premises of a sexually oriented business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent, lessee or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(k) “Employee Station” means an area on the premises of a sexually oriented business designated for occupancy exclusively by one or more employees whose duties include assuring compliance with the provisions of this Chapter.
(l) “GROSS PUBLIC FLOOR AREA” means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
(m) "HEALTH COMMlSSIONER” means the Cuyahoga County Commissioner of Health or his authorized representative.
(n) "LICENSEE" means, with respect to a sexually oriented business license issued under this chapter, a person in whose name a license to operate a sexually oriented business or adult motel has been issued, as well as the individuals designated on the license application as principally responsible for the operation of the sexually oriented business or adult motel. With respect to a sexually oriented business employee license issued under this chapter, licensee means a person in whose name a license has been issued authorizing employment in a sexually oriented business or adult motel.
(o) "LIVE VIEWING BOOTH” means any private or semi-private booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons wherein a live performance is presented to patrons which is distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas.” A live viewing booth shall not mean a theater, movie house, playhouse or a room or enclosure or portion thereof which contains more than one hundred fifty (150) square feet of floor space.
(p) "NUDE MODEL STUDIO" means any place where a person who appears nude or semi-nude or who displays specified anatomical areas 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 Studio shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(3) An establishment holding classes in a structure that has 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; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
(q) "NUDITY" or “STATE OF NUDITY” or "NUDE" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
(r) “OPERATE” means to control or hold primary responsibility for the operation of a sexually oriented business or adult motel, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. “Operate” or “Cause to be operated” shall mean to cause to function or to put or keep in operation. Operator means any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a sexually oriented business or who causes to function or who puts or keeps in operation the business. A person may be found to be operation or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
(s) "PERSON" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation, limited liability company, or combination of individuals of whatever form or character.
(t) "SEMI-NUDITY” or "SEMl-NUDE" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(u) "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 semi-nude.
(v) “SEXUALLY ORIENTED BUSINESS” means an adult arcade, adult media store, adult novelty store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. “Sexually oriented business” does not include an adult motel as defined above.
(w) “SEXUALLY ORIENTED NOVELTIES OR TOYS” means instruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs or for use in connection with “specified sexual activities.”
(x) "SPECIFIED ANATOMICAL AREAS" means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(y) "SPECIFIED CRIMINAL ACTIVITY" means any of the following offenses:
(1) Prostitution or promotion of 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;
(2) For which:
A. 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
B. 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.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(z) "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; or any sadomasochistic abuse or acts including animals or any latent objects in an act of apparent sexual stimulation or gratification; or
(3) Excretory functions as a part of or in connection with any of the activities set forth in (1) or (2) above.
(aa) "TRANSFER OF OWNERSHIP OR CONTROL" of a sexually oriented business shall mean 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.
(bb) "VIDEO BOOTH” means any private or semi-private booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat patrons and is used for presenting or viewing motion pictures, videos, photographs, or similar images or photographic reproductions which are distinguished or characterized by an emphasis on the depiction or description of “specified sexual activities” or “specified anatomical areas” by any photographic, electronic, magnetic tape, digital or other medium (including, but not limited to, film, video, magnetic tape, laser disc, digital video disc, cd-rom, cd-r, cd-rw, books, magazines or periodicals) for observation by patrons therein. A video booth shall not mean a theater, movie house, playhouse or a room or enclosure or portion thereof which contains more than one hundred fifty (150) square feet of floor space.
(cc) "VIEWING BOOTH" means live viewing booth or video booth, and "VIEWING BOOTHS" means live viewing booths, video booths, or any combination thereof.
(Ord. 2001-52. Passed 4-8-02.)