The following definitions apply to Chapter 1150, in addition to all other definitions contained in the Planning and Zoning Code:
(a) “Adult materials” means media, performances, matter or services, distinguished or characterized by the emphasis on specified sexual anatomical areas or specified sexual activities or which are otherwise harmful to juveniles or obscene. Adult materials may include any one or more of the following: displays, such as posters, prints, pictures, photographs and similar photographic reproductions, slides, transparencies, figures, or images; media, such as that found within books, magazines, newspapers, periodicals, pamphlets, or descriptions; audio-visual media, such as motion picture films, previews, trailers, video cassettes, compact discs, laser discs, DVDs, computer files or software, phonographic records, slides, tapes, or other printed matter; visual representations, such as dance routines, exhibitions, female impersonators, gyrational choreography, lingerie modeling or lingerie dancers, plays, shows, skits, or strippers (male or female); tangible instruments, devices, or paraphernalia designed for use in connection with specified sexual activities; or any service capable of arousing prurient or scatological interests through sight, sound or touch.
(b) “Sexually-oriented business” means an establishment where a substantial portion of the use is distinguished or characterized by its emphasis on adult materials, including: adult cabarets; adult entertainment establishments; adult media/novelty establishments; adult motels; adult motion picture theaters; or adult theaters; more specifically defined hereunder by this chapter. A sexually- oriented business shall not include: nude model studios; sexual encounter centers; sexually-oriented escort agencies; sexually-oriented spas; or sexually- oriented viewing booths or arcade booths; each more specifically defined by this chapter and prohibited as land uses or accessory uses in Chapter 1150, Sexually- oriented business shall include:
(1) Adult Cabaret: A nightclub, bar, restaurant, or other similar establishment which for any form of consideration displays or depicts adult materials in a seating area greater than 600 square feet as a substantial portion of the total entertainment or presentation time and where any live entertainment takes place in an area that features horizontal and/or physical barriers to prevent contact between the performers and the audience.
(2) Adult Entertainment Establishment: An establishment where the patron directly or indirectly is charged a fee; where the establishment features entertainment or services which constitutes adult material as defined in this chapter, or which features exhibitions, dance routines, gyrational choreography by persons exhibiting specified sexual anatomical areas, strippers (male or female), female impersonators, lingerie models, lingerie dancers, or similar entertainment or services which constitute adult material.
(3) Adult Medical Novelty Establishment: An establishment that for any form of consideration offers adult materials for retail sale or rental as a substantial portion of its stock-in-trade, including displays, media, audio- visual media, instruments, devices or paraphernalia.
(4) Adult Motel: A hotel, motel, or similar commercial establishment that offers accommodation to the public for any form of consideration, provides patrons with close-circuit television transmissions, films, motion pictures, laser discs, videocassettes, DVDs, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities, or adult material, and:
A. Has a sign visible from the public right of way that advertises the availability of adult and/or sexually explicit materials along with room rentals; or
B. Offers a sleeping room for rent for a period of time that is less than ten hours; or
C. 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.
(5) Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, computer files or software, laser discs, video cassettes, DVDs, slides, or similar photographic reproductions are shown to a seating area of more than 150 square feet, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the description of specified sexual activities or specified sexual anatomical areas.
(6) Adult Theater: A theater, concert hall, auditorium, or similar commercial establishment containing a seating area greater than 150 square feet which prevents contact between the performers and the audience with horizontal and/or physical barriers and featuring as a substantial portion of its stock-in-trade, persons or live performances that are characterized by the exposure of specified sexual anatomical areas or specified sexual activities.
(7) Nude Model Studio: Any establishment where a person who exhibits specified sexual anatomical areas is to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. A 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 that 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, provided such institution meets all of the following criteria:
A. There is no sign visible from the exterior of the structure and no other advertising that indicates a person exhibiting specified sexual anatomical areas is available for viewing; and
B. In order to participate in a class a student must enroll at least three days in advance of the class; and
C. No more than one person exhibiting specified sexual anatomical areas is on the premises at any one time.
(8) Sexual Encounter Center: Any establishment that for any form of consideration, offers activities or physical contact between male and female persons and/or persons of the same sex in a private or semi- private area when one or more of the persons displays or exhibits specified sexual anatomical areas or performs specified sexual activities, including wrestling or tumbling, lap dancing, and body painting.
(9) Sexually-Oriented Escort Agency: Any establishment which for a fee, tip or other consideration advertises to furnish, offers to furnish, or furnishes as its primary business a companion, guide or date service which includes the exposure of specified sexual anatomical areas or specified sexual activities, the modeling of lingerie, or private striptease performances.
(10) Sexually-Oriented Spa: Any establishment which for any form of consideration provides massage services, bathing, sauna, shower or hot tub services, or health services by an employee or other person who is not a licensed medical professional or a certified massage therapist, and where the employee or other person displays specified sexual anatomical areas, engages in specified sexual activities, or offers activities or physical contact with the patron commonly associated with a sexual encounter center.
(11) Sexually-Oriented Viewing Booth/Arcade Booth: Any establishment to which the public is permitted or invited which contains a booth, cubicle, stall, or compartment less than or equal to 150 square feet in area that is primarily designed, constructed, or used to hold or seat one or more patrons therein, who are charged a fee or some other form of consideration, typically through a coin operated, slug operated, or electronically, electrically or mechanically controlled device, for viewing adult materials, such as live entertainment, motion pictures or viewing publications.
(c) “Public display” means the act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult materials are on display to the public.
(d) “Specified sexual anatomical areas” means the showing of less than completely and opaquely covered human: genitals; pubic region; vulva; buttocks; anus; anal cleft; or human male genitals in a discernibly turgid state even if completely and opaquely covered. The showing of the lower portion of the female breast below a horizontal line across the top of the areola at its highest point, but not including 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 or nipple is not exposed in whole or in part.
(e) “Specified sexual activities” includes any of the following as part or in connection with any of the uses of an establishment set forth in this chapter:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sexual activity, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, sadomasochistic activities, or bestiality;
(3) Actual or simulated masturbation, or the penetration of an orifice with a sex toy; or
(4) Excretory functions, actual or simulated, including urination, defecation, male ejaculation, or the aftermath of male ejaculation.
(f) “Substantial portion” means a measurement, count, or ratio used in the determination of a sexually oriented business, as follows:
(1) For retail sales or rental of adult materials in displays visible or self- accessible to the public, more than ten percent (10%) of the content, stock-in-trade, shelf space, or inventory of the establishment;
(2) For retail sales or rental of adult materials of a media nature only (i.e., not including lingerie, leather goods and sex toys) displayed in separate rooms or areas with access controls which isolate the room or area from other parts of the store and prevent patrons from viewing adult materials from the rest of the establishment, more than twenty-five percent (25%) of the gross floor area of the establishment;
(3) For performance activities or the showing of films, motion pictures, video cassettes, slides, or similar visual or photographic reproductions, more than ten percent (10%) of the presentations or performances within any ninety-day period in the establishment are characterized by the depiction or description of:
A. Presentations emphasizing specified sexual activities or specified sexual anatomical areas; or
B. The showing of movies where the Motion Picture Association of American Moving Rating System or a rating system using similar constitutionally acceptable standards would apply an “adults only” rating, including, but not limited to: “NC-17", “X”, “XX”, or “XXX”, or unrated films with comparable content.
(Ord. 11-02. Passed 9-23-02.)