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(a) A person commits a misdemeanor of the first degree if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business who authorizes, suffers, or allows:
(1) Admittance of a person under eighteen (18) years of age to the business premises.
(2) A person under eighteen (18) years of age to remain at the business premises.
(3) A person under eighteen (18) years of age to purchase goods or services at the business premises.
(4) A person who is under eighteen (18) years of age to work at the business premises as an employee, contractor, subcontractor or employee of a contractor or subcontractor.
(b) It shall be the duty of the permittee to obtain such documentation as is necessary to assure that this Section is not violated. Failure of the permittee to assure compliance with this Section shall constitute a first degree misdemeanor.
(Ord. 1225. Passed 6-11-01.)
(a) It shall be unlawful and a person commits a first degree misdemeanor if he/she operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly advertises the presentation of any activity prohibited by any applicable State statute or this chapter.
(b) It shall be unlawful and a person commits a first degree misdemeanor if he/she operates causes to be operated a sexually oriented business regardless of whether or not a permit has been issued for said business under this chapter, and knowingly displays or otherwise exhibits the materials and/or performances at such sexually oriented business in any advertising which is visible outside the premises. This prohibition shall not extend to lawful advertising of the name, nature or location of such sexually oriented business.
(c) The permittee shall not knowingly allow any portion of the interior premises to be visible from outside the premises and shall not knowingly allow any activity conducted on the premises to be visible from any location off the premises.
(d) All off-street parking areas and walkways serving the sexually oriented business shall be illuminated from dusk to closing hours of operation with a lighting system which provides an average maintained horizontal illumination of one (1) foot candle of light on the parking surface and/or walkways. This required lighting level is established in order to provide sufficient illumination of the parking areas and walkways serving the sexually oriented business for the personal safety of patrons and employees and to reduce the incidence of vandalism and criminal conduct. The lighting shall be shown on the sketch or diagram of the premise required as part of the permit application process.
(Ord. 1225. Passed 6-11-01.)
(a) A person commits a misdemeanor of the first degree if he/she operates or causes to be operated a sexually oriented business, except adult motels, regardless of whether or not a permit has been issued for said business under this chapter, and knowingly allows such business to remain open for business, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service, before 8:00 a.m. or after midnight Monday through Saturday or at all on Sundays or legal holidays recognized by the State of Ohio.
(b) A person commits a misdemeanor of the first degree if, working as an employee of a sexually oriental business, regardless of whether or not a permit has been issued for said business under this chapter, said employee knowingly engages in a performance, solicits a performance, makes a sale, solicits a sale, provides a service, or solicits a service before 8:00 a.m. or after midnight Monday through Saturday, or at all on Sundays and legal holidays recognized by the state of Ohio.
(c) It is a defense to prosecution for violation of this section that the business has a valid liquor license from the State permitting it to operate beyond the hours authorized pursuant to this chapter but only to the extent permitted by the liquor permit.
(Ord. 1225. Passed 6-11-01.)
(a) The United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991), and in Paps AM v City of Erie, 529 U.S. _______(2000), which upheld the rights of cities to prohibit live public exposure of a person's private parts, specifically applies to sexually oriented businesses (regardless of whether or not a permit has been issued to said businesses under this chapter), including said businesses where no alcoholic beverages are sold, served, or consumed at the premises
(b) Nudity is prohibited within any sexually oriented business establishment in the City. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions of Section 761.14.
(c) It is a defense to prosecution for any violation of Section 761.24 that a person appearing live in a state of nudity did so in a modeling class operated:
(1) By a proprietary school licensed by the state of Ohio, college, junior college, or university supported entirely or partly by taxation; or
(2) By 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; or
(3) In a structure:
A. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
B. Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
C. Where no more than one nude model is on the premises at any one time.
(d) It is a defense to prosecution for a violation of Section 761.24 that an employee or independent contractor of a sexually oriented business, regardless of whether or not it is permitted under this chapter, exposed any specified anatomical area during the employee’s bona fide use of a restroom, shower room or during the employee’s or independent contractor's bona fide use of a dressing room which is accessible only to employees, and/or independent contractors or a private room in an adult motel.
(e) It is a defense to prosecution for any violation of Section 761.24 that a person appearing live in a state of nudity was dancing not for hire and
(1) Did not receive any remuneration, monetary or otherwise,
(2) Was not promised any such compensation from any person for such activities, and
(3) Was not participating in a contest for which there is a prize of any type.
(Ord. 1225. Passed 6-11-01.)
In addition to the criminal offenses found at other sections of this chapter, a person commits a misdemeanor of the first degree if he/she operates or causes to be operated a sexually oriented business, regardless of whether or not a permit has been issued for said business under this chapter, and said person knows or should know that:
(a) The business does not have a sexually oriented business permit under this Title for any applicable classification;
(b) The business has a permit which is under suspension;
(c) The business has a permit which has been revoked; or
(d) The business has a permit which has expired.
(Ord. 1225. Passed 6-11-01.)
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