As used in this chapter, certain words and terms are defined as follows:
(a) "Adult book store" means an establishment having as a substantial or significant portion if its stock in trade, books, magazines and other periodicals or motion picture films, video tapes or sound recordings which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities or specified anatomical areas", (as defined below) or an establishment with a segment or section devoted to the sale or display of such material.
(b) “Adult motion picture theater” means an establishment wherein motion pictures are shown which present material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", (as defined below) for observation by patrons therein.
(c) "Adult peep show" means an enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas", (as defined below), for observations by patrons therein by means of coin operated or manual operated viewing devices.
(d) "Adult only entertainment establishment" means a nightclub, bar, restaurant, or similar establishment which features:
(1) Person(s) who appear in a state of nudity or semi-nudity; or,
(2) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," or,
(3) Films, motion pictures, video cassettes, slides, or other photographic or motion picture reproduction which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(e) “Massage establishment” means an establishment or operation within the meaning of Ohio R.C. 4731.15 and 715.61.
(f) Specified Sexual Activities and Specified Anatomical Areas.
(1) "Specified sexual activities" means:
A. Human genitals in a state of sexual stimulation or arousal;
B. Acts of human masturbation, sexual intercourse or sodomy; bondage, sadomasochism or bestiality;
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
(2) "Specified anatomical areas" means:
A. Less than completely and opaquely covered:
1. Human genitals or pubic region;
2. Buttock; and
3. Female breast below a point immediately above the top of the areola; and
B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(g) "Establishment" means and includes any of the following:
(1) The opening or commencement of any adult entertainment business as a new business enterprise;
(2) The conversion of an existing business, whether or not an adult entertainment business, to any adult entertainment business;
(3) The addition of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation any adult entertainment business.
(Ord. 2003-34. Passed 6-23-03.)