1197.02 DEFINITIONS.
   (a)   “Adult Arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting "specified sexual activities" or "specified anatomical areas".
   (b)   “Adult Bookstore, Adult Novelty Store or Adult Video Store” means a commercial establishment which has as 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 interior business or advertising, or maintains fifteen percent (15%) of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas".
      (2)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
   (c)   “Adult Cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:
      (1)    Persons who appear semi-nude; or
      (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, slides or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas".
   (d)   “Adult Motel” means a hotel, motel or similar commercial establishment which:
      (1)   Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas"; and has sign visible from the public right of way which advertises the availability of this adult type of photographic reproductions; and either
      (2)   Offers a sleeping room for rent for a period of time that is less than ten hours, or
      (3)   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
   (e)   “Adult Motion Picture Theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
   (f)   “Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi- nude, or live performances which are characterized by the exposure of "specified anatomical areas" or by “specified sexual activities”.
   (g)   “Distinguished or Characterized by an Emphasis Upon” means the dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of Specified Sexual Activities or Specified Anatomical Areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of "Specified Anatomical Areas" or “Specified Sexual Activities”.
   (h)   “Employee, Employ and Employment” describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, or other status. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
   (i)   “Enforcement Officer” shall mean such person as may be designated by the Mayor.
   (j)   “Escort” means a person who, for 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 perform a striptease for another person.
   (k)   “Escort Agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
   (l)   “Establish or 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 sexually oriented business;
      (3)   The additions of any sexually oriented business to any other existing sexually oriented business; or
      (4)   The relocation of any sexually oriented business.
   (m)   “Licensee” means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the
application for a license.
   (n)   “Nudity or a State of Nudity” means the showing of the human male or female genitals, pubic area, vulva, anus, or anal cleft with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
   (o)   “Operate or Cause to Be Operated” means to cause to function or to put or keep in a state of doing business. "Operator" means any persons on the premises of a sexually oriented business who is authorized to exercise operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.
   (p)   “Person” means an individual, proprietorship, partnership, corporation, association, or other legal entity.
   (q)   “Semi-nude or in a Semi-nude Condition” means the showing of the female
breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
   (r)   “Semi-nude Model Studio” means any place where a person appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration. Nude Model Studio shall not include a proprietary school licensed by the State of Ohio; or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure:
      (1)   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; and
      (2)   Where in order to participate in a class a student must enroll at least three days in advance of the class; and
      (3)   Where no more than one nude or semi-nude model is on the premises at any one time.
   (s)   “Sexual Encounter Center” means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities". The definition of sexual encounter establishment or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
   (t)   “Sexually Oriented Business” means an adult arcade, adult bookstore adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
   (u)   “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 a female breast below a point immediately above the top of the areola.
   (v)   “Specified Criminal Activity” means any of the following offenses:
      (1)   Prostitution or promotion of prostitution, dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually oriented business; sexual assault; molestation of a child; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries;
      (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;
         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; or
         C.   Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
      (3)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
   (w)   “Specified Sexual Activities” means any of the following:
      (1)   The fondling of another person's genitals, pubic region, anus, or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
      (3)   Excretory functions as part of or in connection with any of the activities set forth in (1) through (2) above.
   (x)   “Substantial Enlargement” of a sexually oriented business means the increase in floor areas occupied by the business by more than twenty-five percent (25%), as the floor areas exist on the date this chapter takes effect.
   (y)   “Transfer of Ownership or Control” of a sexually oriented business means and includes 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 business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
         (Ord. 4-02. Passed 3-14-02.)