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 video store" means a commercial establishment which, as its principal or predominant stock or trade, offers for sale or rental for any form of consideration any one 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 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.
(e) "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.
(f) "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.
(g) "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.
(h) "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 whereto more than one semi-nude model is on the premises at any one time.
(i) "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.
(j) "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. "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 one or more of the persons is semi-nude.
(k) "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 wresting or tumbling between persons of the opposite sex; or
(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
(l) "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.
(m) "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.
(n) "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 subsections (n)(1) or (n)(2) of this section.
(o) "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.
(p) "Viewing booth" means live viewing booth or video booth and "viewing booths" means live viewing booths, video booths or any combination thereof.
(Ord. 2009-17. Passed 9-15-2009.)