812.02   DEFINITIONS.
   The definitions enumerated below may contain references to "nudity" or a "state of nudity". Such references should not be construed or interpreted to permit nudity or a state of nudity in any adult entertainment facility in the City. The definitions are provided for illustrative purpose only. The words defined here shall have these meanings regardless of whether they are capitalized, in quotation marks, or otherwise noted as defined terms. For the purposes of this chapter, certain terms and words are defined as follows:
   (a)   "Adult entertainment facility" are those businesses defined as follows:
      (1)   “Adult arcade” means any place to which the public is permitted or invited wherein for any form of consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video cassette players, laser disc players, DVD players or other image-producing devices are 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 the depicting or describing of specified sexual activities or specified anatomical areas.
      (2)   “Adult bookstore,” “adult novelty store” or “adult video store” means an establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its weekly gross receipts from, or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration of, any one or more of the following: (i) books, magazines, periodicals or other printed matter, or photographs, films, movies, motion pictures, video cassettes, digital images, slides, or other visual representations that are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; or (ii) instruments, devices or paraphernalia designed for use as part of, or in connection with, specified sexual activities.
      (3)   “Adult cabaret” means a nightclub, bar, restaurant, bottle club, or commercial establishment, whether or not alcoholic beverages are served, which regularly features: (i) persons who appear nude, semi-nude or in a state of nudity; or (ii) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
      (4)   “Adult motel” means a motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital images, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.
      (5)   “Adult motion picture theater” means an establishment, where, for any form of consideration, films, motion pictures, videos, digital images, slides, or other photographic or electronic reproductions are shown and in which a substantial or significant portion of the establishment's regular business is devoted to the showing of material characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities or a significant or substantial portion of its weekly gross receipts is derived from the showing of material characterized by an emphasis on the depiction or description of specified anatomical areas or specified sexual activities.
      (6)   “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. "Escort" means a person who, for any form of 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 or to privately appear in the state of nudity or semi-nudity for another person.
      (7)   “Massage parlor” means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with specified sexual activities is offered, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas.
      (8)   “Peep show” means an establishment used for presenting digital or video materials or live shows characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons in individual viewing booths.
      (9)   “Semi-nude model studio” means any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Semi-nude model studio” shall not include:
         A.   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
         B.   A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
         C.   An establishment holding classes in a structure 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; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude or semi-nude model is on the premises at any one time.
      (10)   “Sexual encounter establishment” means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration: (i) a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas; or (ii) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.
   (b)   "Applicant" means any person required to sign an application for a permit to operate an adult entertainment facility.
   (c)   "Application" means the application provided by the City that must be completed for a permit to operate an adult entertainment facility.
   (d)   "Conviction" or "convicted" shall include a plea of guilty or nolo contendere or a finding of guilt by a court of law, but shall not include convictions overturned on appeal prior to the date of application under this chapter.
   (e)   "Cover" or "covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomic area beneath it.
   (f)   "Employee" means a person who works or performs in and/or for an adult entertainment facility, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business, or any form of remuneration, tips of any kind or gratuities from the operator or customers of said business.
   (g)   "Entertainer" means any person who engages in the actual or simulated performance of specified sexual activities or the exposure of specified anatomical areas, in an adult cabaret or sexual encounter establishment, whether or not an employee of the operator and whether or not a fee is charged or accepted for such entertainment.
   (h)   "Independent contractor" means a person who contracts with an adult entertainment facility to provide services on behalf of the adult entertainment facility to the patrons of such business whether or not the individual receives any remuneration, gratuity or tips of any kind, or pays the owner or operator for the right to perform or entertain in the adult entertainment facility. The intention of this definition is to exclude those persons who are not employees and who are not reasonably expected to have contact with customers or patrons of the adult entertainment facility, including, but not limited to, persons on the permitted premises performing repair or maintenance services or delivering goods to the permitted premises.
   (i)   "License" or "employee or independent contractor license" means a license authorizing an individual to work at an adult entertainment facility within the City.
   (j)   "License application" means the application provided by the City that must be completed for an employee, or independent contractor license.
   (k)   “Licensee” means a person in whose name an employee or independent contractor license has been issued.
   (l)   "Manager" means any person who participates directly in the day-to-day management of the adult entertainment facility.
   (m)   "Nude,” “nudity” or “state of nudity" means exposing to view the genitals, pubic area, vulva perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering.
   (n)   "Operate" or "cause to be operated" means to cause to function or to put or keep in operation.
   (o)   "Operator" means and includes any persons on the permitted premises of an adult entertainment facility who are authorized to exercise overall operational control of the business or who cause to function or put or keep in operation the business. A person may be found to be operating or causing to be operated an adult entertainment facility whether or not that person is an owner, part owner or permittee of the business.
   (p)   "Owner" means and includes the person or entity so listed on the application for a permit to operate an adult entertainment facility or, in the event no such application is made, means and includes the custodian, manager, operator or person in charge of the business.
   (q)   "Permit" or "adult entertainment facility permit" means a permit authorizing the operation of an adult entertainment facility within the City.
   (r)   "Permitted premises" means any premise that is the site of a business classified as an adult entertainment facility and that requires a permit under this chapter, or is the site of a prospective adult entertainment facility for which a permit is being requested.
   (s)   "Permittee" means a person or entity in whose name a permit to operate an adult entertainment facility has been issued, as well as any individual listed as an applicant on the application for a permit of an entity for an adult entertainment facility.
   (t)   "Person" means the operator and any individual, proprietorship, partnership, corporation, association, or other legal entity that owns or operates or works in an adult entertainment facility, including but not limited to an entertainer, manager, licensee, permittee.
   (u)   "Place of worship" means church, synagogue, mosque, or temple buildings used for public worship, and the ground attached to them necessary for the proper occupancy, use and enjoyment by a fellowship of believers, congregation, society, corporation, convention or association that is formed primarily or exclusively for religious purposes and that it is not formed for the private profit of any person.
   (v)   "Public park" or "recreation area" means public land which has been designated for park or recreational activities, including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation, or management of any governmental entity.
   (w)   "Residential district or use" means any zoning district set forth in Part Twelve, Planning and Zoning Code, Title Six of the Codified Ordinances of the City of Vandalia that contains the words "residence" or "residential" in its title, including any such zones that are part of a Planned Unit Development.
   (x)   "School" means any public or private educational facility licensed by the State of Ohio, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges and universities. “School” includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.
   (y)   "Semi-nude,” “semi-nudity” or a “state of semi-nudity" means a state of dress in which opaque clothing covers no more than the genitals, pubic region, and areolas of the female breast, as well as portions of the body covered by supporting straps or devices.
   (z)   "Simulate" means to assume the mere appearance of something, without the reality; to imitate or pretend.
   (aa)   "Specified anatomical areas" means and includes any one or more of the following: (i) less than completely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areola; or (ii) human male genitals in a discernible turgid state, even if completely and opaquely covered.
   (bb)   "Specified criminal act," means sexual crimes against children, sexual abuse, rape, gross sexual imposition, and/or other crimes connected with another adult entertainment facility including but not limited to: distribution of material harmful to minors, pandering, prostitution, or tax violations in connection with an adult entertainment facility. These crimes must include the element of knowledge to constitute a "specified criminal act" on the part of the accused.
   (cc)   "Specified sexual activities" means and includes any one or more of the following: (i) the fondling or erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (ii) human sex acts, normal or perverted, actual or simulated, including but not limited to intercourse, oral copulation, or sodomy; (iii) human masturbation, actual or simulated; (iv) human excretory functions as part of, or as related to, any of the activities described above; and (v) physical violence, bondage, mutilation, or rape, actual or simulated, as part of or as related to, any of the activities described above.
   (dd)   "Viewing room" means the room, booth or area where a patron of an adult entertainment facility would ordinarily be positioned while watching a film, digital image, video or other video reproduction.
(Ord. 08-13. Passed 6-16-08.)