(a) Sexual Activity, Live Entertainment and Performances.
(1) No person shall, in a sexually oriented business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
(2) Any employee appearing on the premises of a sexually oriented business in a state semi-nudity, as defined by this chapter, must be on a stage that is at least 24 inches from the floor, and at a distance at least 36 inches from all parts of a clearly designated area in which patrons will be present.
(3) All live entertainment and performances in a sexually oriented business must take place on a stage that is at least 24 inches from the floor and a distance of at least 36 inches from all parts of a clearly designated area in which patrons will be present.
(4) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. If the premises has two (2) or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator's stations. It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator's station at all times that any patron is on the portion of the premises monitored by the operator station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises. 2
(5) No employee shall knowingly or intentionally, in a sexually oriented business, appear within view of any patron in a nude or semi-nude condition unless the employee, while nude or semi -nude, shall be and remain at least 6 feet from all patrons. 3
(6) Employees in a sexually oriented business shall maintain a minimum distance of 5 feet from areas on the business premises occupied by patrons for a minimum of 60 minutes after the employee appears in a nude or semi-nude condition within view of any patron. This regulation is not intended to prohibit ingress or egress from the premises. It is intended to control illicit sexual contact and reduce the incidents of prostitution occurring in the establishments. 4
(7) No patron who is not a member of the employee's immediate family shall knowingly touch an employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or semi-nude. 5
(8) No employee who regularly appears nude or seminude on the premises of a sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or the clothing of a patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family or allow the patron who is not a member of the employee's immediate family or another employee who is not a member of the employee's immediate family to touch the employee or the clothing of the employee.
(9) The provisions of subsections (a)(1) - (8) shall not apply to an employee's use of any restroom or any single-sex dressing room that is accessible only to employees.
(10) In addition, sub-sections (a)(1) - (8) shall not apply to live performances in which the patron and employee are separated by an impenetrable barrier such as, but not limited too, glass or Plexiglas.
(b) Minors Prohibited. No person under the age of 18 years shall be permitted on the premises of a sexually oriented business.
(c) Hours of Operation. No sexually oriented business shall be or remain open for business between 12:00 midnight and 12:00 p.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to Chapter 4303 of the Revised Code may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented business activity in which the performers appear nude. 7
(d) Animals. No animals, except seeing-eye dogs required to assist the blind, shall be permitted at any time at or in any sexually oriented business establishment or licensed premises.
2 Sensations, Inc. v. City of Grand Rapids, Michigan Decency Action Council (6th Cir. 2008), 526
F.3d 291.
3 Sensations, Inc. v. City of Grand Rapids, Michigan Decency Action Council (6th Cir. 2008), 526
F.3d 291.
4 729, Inc. v. Kenton County Fiscal Court (6th Cir. 2008), 515 F. 3d 485.
5 Pursuant to ORC 2907.40(C)(l).
(e) Restricted Access. No sexually oriented business establishment patron shall be permitted at any time to enter into any of the non-public portions of any sexually oriented business establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of sexually oriented business employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the licensed premises. These persons shall remain in the non-public areas only for the purposes and to the extent and time necessary to perform their job duties.
(f) Patron Restrooms. All patron restrooms in sexually oriented business establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the restrooms of a sexually oriented business establishment. Separate male and female restrooms shall be provided for and used by sexually oriented business establishment patrons. Each sexually oriented business must provide separate restrooms and dressing rooms (where applicable) for use by employees. At no time shall patrons be permitted in employees' restrooms or dressing rooms.
(g) Exterior Display. No sexually oriented business establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult' material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of a sexually oriented business establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed pursuant to Village of Sunbury Zoning Regulations with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.
(h) Noise. No loudspeakers or sound equipment audible beyond the licensed premises shall be used at any time.
(i) Loitering, Exterior Lighting, and Monitoring Requirements. It shall be the duty of a sexually oriented business licensee, to:
(1) Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented business is located;
(2) Post conspicuous signs stating that no loitering is permitted on such property;
(3) Designate one of more employees to monitor the activities of persons on such property by visually inspecting such property at least once every thirty (30) minutes or inspecting such property by use of video cameras and monitors; and,
(4) Provide adequate lighting of the exterior premises to allow for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the sexually oriented business is open for business. The monitors shall be installed within an operator's station for ease of view by the operator.
(Ord. 2011-17. Passed 7-6-11.)
6 Pursuant to ORC 2907.40(C)(2).
7 Pursuant to ORC 2907 .40(B).