For purposes of this chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
(a) Adult Arcade. “Adult Arcade” shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly 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 their emphasis upon matter exhibiting or describing "specified sexual activities" or "specified anatomical areas."
(b) Adult Bookstore, Adult Novelty Store, Adult Video Store. “Adult Bookstores,” "Adult Novelty Store" or “Adult Video Store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas";
(2) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
(3) An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which exhibit or describe "specified anatomical areas" or "specified sexual activities."
(c) Adult Cabaret. "Adult cabaret" means a nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear in a state of nudity or a state of semi-nudity: (b) live performances which are characterized by "specified sexual activities" or the exposure of “specified anatomical areas,” or (c) films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas." The reference above to appearing in a “state of nudity” is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in an adult cabaret.
(d) Adult Motel. "Adult motel" means a motel, hotel, or similar commercial establishment which: (a) offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition 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, or (b) offers a sleeping room for rent for a period of time less than ten (10) hours; or (c) allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten (10) hours.
(e) Adult Motion Picture Theater. "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration. A commercial establishments that otherwise meets the criteria described herein, but whose films, motion pictures, video cassettes, slides, or similar photographic reproductions contain serious artistic, literary or political value, is not an “adult motion picture theater” for purposes of this Chapter.
(f) Adult Theater. "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in state of nudity or a state of semi-nudity or live performances which are characterized by their emphasis upon "specified sexual activities" or “specified anatomical areas.” The reference above to appearing in a “state of nudity” is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in an adult theater. A commercial establishment that otherwise meets the criteria described herein, but whose performances contain serious artistic, literary or political value, is not an “adult theater” for purposes of this Chapter.
(g) Controlling Interest. "Controlling interest" means the power, directly or indirectly, to direct the operation, management or policies of a business or entity, or to vote twenty percent or more of any class of voting securities of a business during the year in which a violation of Chapter 2907 of the Ohio Revised Code occurred. The ownership, control, or power to vote twenty percent or more of any class of voting securities of a business shall be presumed, subject to rebuttal, to be the power to direct the management, operation or policies of the business.
(h) Distinguished or Characterized by an Emphasis Upon. “Distinguished or Characterized by an Emphasis Upon” means the dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or description of ”specified sexual activities” or ”specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or description of the enumerated sexual activities.
(i) Employ, Employee, and Employment. "Employ,” “employee” and/or “employment" describe and pertain to any individual who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the individual is denominated an employee, independent contractor, agent, or otherwise. Employee does not include (a) an individual who participates directly in decisions relating to the management of a sexually oriented business, or (b) an individual exclusively on the licensed premises for repair or maintenance of the premises, for the delivery of goods to the premises, or who does not have contact with the customers or patrons in the licensed premises.
(j) Enforcement officer. “Enforcement officer” shall mean the Chief of Police and/or his designees, or such other person as from time to time may be designated by the City Council.
(k) Established or Establishment. “Established” or “establishment” shall mean and include any of the following:
(1) The opening or commencement of any sexually oriented business as a new business;
(2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(3) The addition of any sexually oriented business to any other existing sexually oriented business; or
(4) The relocation of any sexually oriented business.
(l) License. “License” shall mean a sexually oriented business license, a sexually oriented business operator’s license, and/or a sexually oriented business employee’s license.
(m) Licensee. “Licensee” shall mean a person who has been issued a sexually oriented business license, a sexually oriented business operator’s license, or a sexually oriented business employee’s license.
(n) Nudity, Nude or State of Nudity. “Nudity,” “nude” or a “state of nudity” shall mean:
(1) The appearance of the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast; or
(2) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast; or;
(3) The showing of the covered male genitals in a discernibly turgid state.
(o) Operate or Cause to be Operated or Operator. “Operate” or “cause to be operated” shall mean to cause to function or to put or keep in operation. "Operator" means any person who participates directly in decisions relating to the management of a sexually oriented business. A person may be an operator of, or found to be operating or causing to be operated, a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
(p) Person. “Person” shall mean an individual, proprietorship, partnership, corporation, association, or other legal entity.
(q) Regularly Features or Regularly Shown. “Regularly features” or “regularly shown” means, with respect to an Adult Theater or Adult Cabaret, a consistent course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the regular business of the Adult Theater or Adult Cabaret.
(r) Semi-nude or State of Semi-nudity. “Semi-nude” or a “state of semi-nudity” shall mean a state of dress in which opaque clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(s) Semi-Nude Model Studio. "Semi-Nude Model Studio" means any place where a person, who regularly appears in a state of nudity or a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. The reference above to appearing in a “state of nudity” is not intended and should not be construed or interpreted to allow persons to appear in a state of nudity in a semi-nude modeling studio.
A modeling class or studio is not a semi-nude modeling studio and is not subject to the provisions of this Chapter if it is operated:
(1) By a college, junior college, or university supported entirely or partly by taxation;
(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 taxation; or
(3) In a structure:
A. Which has no sign visible from the exterior of the structure and no other advertising that indicates that a person appearing in a state of nudity or semi-nudity 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 or semi-nude model is on the premises at any one time.
(t) Sexual encounter establishment. "Sexual encounter establishment" means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or when one or more of the persons appears in a state of nudity or in a state of semi-nudity. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(u) Sexually Oriented Business. “Sexually Oriented Business” shall mean an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio, or sexual encounter establishment.
(v) Specified Anatomical Areas. “Specified Anatomical Areas” shall mean:
(1) The human genitals in a state of sexual arousal;
(2) The appearance of the cleft of the buttocks, anus, male or female genitals, or areola of the female breast; or
(3) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male or female genitals, or areola of the female breast.
(w) Specified Sexual Activity. “ Specified Sexual Activity” shall have the same meaning as “sexual activity,” as defined in Ohio Revised Code Section 2907.01(C).
(x) Transfer of Ownership or Control. “Transfer of ownership or control” of a sexually oriented business shall mean any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(y) Viewing Room. “Viewing Room” shall mean the room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, or other video reproduction.
(Ord. 00-82. Passed 12-19-00.)