For the purpose of this chapter:
(a) "Adult arcade" means any place to which the public is permitted or invited where either or both motion picture machines, projectors, video or laser disc players, or other video or image producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(b) "Adult bookstore, adult novelty store or adult vide store" means a commercial establishment which, as its principal or predominant stock or trade, offers for sale or rental for any form of consideration anyone or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices or paraphernalia, other than prophylactics, that are designed for use in connection with "specified sexual activities".
(c) "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment that regularly features:
(1) Persons who appear in a state of semi-nudity;
(2) Live entertainment characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities";
(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators or similar entertainment; or
(4) Films, motion pictures, video cassettes, slides, photographic reproductions, or other visual representations, that are characterized by the depiction or description 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; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes or other photographic reproductions or other visual representations, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
(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 sub-rent 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 other photographic reproductions or visual representations, are regularly shown which are characterized by the depiction or description of "specified sexual activities" or specified anatomical areas" and that take place outside the context of some larger form of expression.
(f) "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the depiction or description of "specified anatomical areas", "specified sexual activities", or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators or similar entertainment and which, for each of the previously mentioned categories, take place outside the context of some larger form of expression.
(g) "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 makeup, or any substance designed to simulate the appearance of the anatomical area beneath it.
(h) "Employee" means a person who performs any service or work on the premises of asexually oriented business, including but not limited to providing entertainment, performing work of a management: or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person on the premises exclusively for the repair or maintenance of the premises or equipment on the premises or for the delivery of goods to the premises.
(i) "Health commissioner" means the Cuyahoga County Commissioner of Health or his authorized representative.
(j) "Licensee" means, with respect to a sexually oriented business license issued under this chapter, a person in whose name a license to operate a sexually oriented business or adult motel has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business or adult motel. With respect to a sexually oriented business employee license issued under this chapter, licensee means a person in whose name a license has been issued authorizing employment in a sexually oriented business or adult motel.
(k) "Live viewing booth" means any private or semi-private booth or any viewing room of less than 150 square feet of floor space, to which the public may gain admittance, wherein a live performance is presented to five or fewer persons at any one time.
(l) "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 other form of consideration. "Nude model studio" shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
(2) 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
(3) 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 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 semi-nude model is on the premises at any one time.
(m) "Nudity" or a "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; or exposing to view any device, costume or covering that gives the appearance of or simulates any of these anatomical areas.
(n) "Operate" means to control or hold primary responsibility for the operation of a sexually oriented business or adult motel, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "cause to be operated" shall mean to function or to put or keep in operation. "Operator" means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a sexually oriented business or who shall cause to function or who puts or keeps in operation the business. A person may be found to be operating or causing to operate a sexually oriented business whether or not that person is an owner, part owner or licensee of the business.
(o) "Person" means an individual, proprietorship, partnership, firm association, joint stock company, corporation or combination of individuals of whatever form or character.
(p) "Semi-nudity" or "semi-nude" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
(q) "Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when or more of the persons is semi-nude.
(r) "Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, nude model studio or sexual encounter center. "Sexually oriented business" does not include an adult motel as defined above.
(s) "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 female breast below a point immediately above the top of the areola.
(t) "Specified criminal activity" means any of the following offenses:
(1) Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; sexual assault; molestation of a child; or any similar offense to those described above under the criminal or penal code of any local jurisdiction, state or county.
(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 a misdemeanor offense; or
B. Less than five 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 a felony offense.
(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(u) "Specified sexual activities" means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, 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 divisions (u)(1) or (u)(2) above.
(v) "Video booth" means any private or semi-private booth or any viewing room of less than 150 square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor or similar equipment is available for the purpose of showing still or motion pictures, videos, or similar images or photographic reproductions to five or fewer persons at any one time.
(w) "Viewing booth" means live viewing booth or video booth and "viewing booths" means live viewing booths, video booths or any combination thereof.
(Ord. 2004-33. Passed 11-2-04.)