(a) “Adult Bookstore and/or Adult Video Store” means an establishment which has a significant or substantial portion of its stock in trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, of books, magazines and other periodicals or motion picture films, video-tapes or sound recordings which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities or specified anatomical area”, (as defined below).
(b) “Adult motion picture theater” means an establishment wherein motion pictures are shown which consistently or regularly use or utilize any of its total viewing time, which present material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas”, (as defined below) for observation by patrons therein.
(c) “Adult peep show” means an enclosed building which is regularly or consistently used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” (as defined below), for observation by patrons therein by means of coin operated, slug operated or manual operated viewing devices.
(d) “Adult only entertainment establishment” means a nightclub, bar, restaurant, or similar establishment which features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) Films, motion pictures, videocassettes, slides, or other photographic or motion picture reproduction that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
(e) “Massage establishment” means an establishment or operation within the meaning of Ohio R.C. 4731.15 and 715.61.
(f) “Specified sexual activities and specified anatomical areas”.
(1) For the purpose of this section, “specified sexual activities” are defined as:
A. Human genitals in a state of sexual stimulation or arousal;
1. Acts of human masturbation, sexual intercourse, or sodomy, bondage, sadomasochism, or bestiality;
2. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) And “specified anatomical areas” is defined as:
A. Less than completely and opaquely covered:
1. Human genitals, pubic region,
2. Buttock, and
3. Female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(g) “Establishment” means and includes any of the following:
(1) The opening or commencement of any adult entertainment business as a new business enterprise;
(2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;
(3) The addition of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation of any adult entertainment business.
(Ord. 78-2001. Passed 6-12-01.)