(a) “Sexually Oriented Business” means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. “Sexually oriented business” does not include an “adult motel” as defined below.
(1) “Adult Arcade” means any place to which the public is permitted or invited where either or both:
A. Picture machines, projectors, video or laser disc players, or
B. Other video or image-producing devices are available, run via coin, token, credit card, debit card, smart card or any medium or 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.”
(2) “Adult Bookstore, Adult Novelty Store, or Adult Video Store” means a commercial establishment having as a substantial or significant portion of its stock in trade any one or more of the following:
A. 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
B. Instruments, devices or paraphernalia, other than for prophylactic use, that are designed for use in connection with “specified sexual activities.”
(3) “Adult Cabaret” means any night club, bar, restaurant, or similar commercial establishment that regularly features:
A. Persons who appear in a “state of nudity” or “state of semi-nudity”; or
B. Live entertainment characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
C. Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
D. Films, motion pictures, video cassettes, slides or other video and photographic reproductions that are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(4) “Adult Motel” means a hotel, motel or similar commercial establishment which:
A. Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.
(5) “Adult Motion Picture Theater” means a commercial establishment where for any form of consideration, films, motion pictures, videocassettes, slides, or similar video and photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
(6) “Adult Theater” means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of “semi-nudity,” 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.
(7) “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 form of consideration.
“Nude Model Studio” shall not include:
A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
B. 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
C. 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 (3) days in advance of the class; and where no more than one “semi- nude” model is on the premises at any one time.
(8) “Sexual Encounter Center” means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is “semi-nude.”
(b) “Covering” means any opaque clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
(c) “Nudity” or “State of Nudity” or “Nude” 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.
(d) “Semi-Nudity” or “Semi-Nude Condition” 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.
(e) “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.
(f) “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 (1) or (2) above.
(Ord. 68-2001. Passed 1-7-02.)