An "Adult Entertainment Business" shall be defined as an enterprise having, as a significant portion of its function, sexually-oriented adult entertainment which offers all or part of one or more of the following listed products, services or activities:
(a) "Adult Book Store." An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as defined of this section.
(b) "Adult Entertainment Facility." Any premises designed or used for the sale of services or products characterized by the exposure or presentation of specified anatomical areas or specified sexual activities, thereby appealing to the prurient interest of patrons. Also, any premises which by their design or furnishings facilitate sexual contact on the premises. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, modeling and similar functions which involve specified sexual activities or expose specified anatomical areas.
(c) "Adult Mini Motion Picture Theater." A facility with a capacity for less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
(d) "Adult Motion Picture Theater." A facility with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
(e) "Massage." A method of treating or stimulating the external parts of the human body by rubbing, stroking, kneading, tapping, touching or vibrating with the hand or any instruments for pay.
(f) "Massage Establishment." Any establishment having a fixed place of business where massages are administered for pay. This definition shall not be construed to include a hospital, nursing home, or medical clinic; or the office of a physician, surgeon, chiropractor, osteopath, physical therapist or therapeutic massage therapist duly licensed by the State of Ohio; or barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulders.
(g) "Rest Room." A room with toilet and hand washing facilities in which no products or services are offered for sale.
(h) "Specified Anatomical Areas." Shall include the following:
(1) Less than completely and opaquely covered human genitals, public region, buttock, and female breasts below a point immediately above the top of the areola;
(2) Human male genitals in a discernibly turgid state even if completely and opaquely covered.
(i) "Specified Sexual Activities." Shall include the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
(Ord. 28-2002. Passed 11-21-02.)