For the purpose of these Codified Ordinances, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESS CHANNEL. Any channel on a cable system set aside without charge by the franchisee for public, educational and/or local governmental use.
ADULT ARCADE. 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 an emphasis on exhibiting or displaying “specified sexual activities” or “specified anatomical areas.”
ADULT CABARET. A nightclub, bar, juice bar, restaurant bottle club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features any of the following:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances which are characterized by the exposure of specified anatomical areas or specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
ADULT CABARET. A nightclub, bar, juice bar, restaurant bottle club or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(1) Persons who appear semi-nude;
(2) Live performances which are characterized by any “specified sexual activities;” or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions that are distinguished or characterized by an emphasis on exhibiting or displaying “specified sexual activities” or “specified anatomical areas.”
ADULT MOTEL. A motel, hotel or similar commercial establishment which:
(1) 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 the depiction 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;
(2) Offers a sleeping room for rent for a period of time less than 12 hours; or
(3) Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than 12 hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis on exhibiting or displaying “specified sexual activities” or “specified anatomical areas” are regularly shown for any form of consideration.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of semi-nudity or live performances which are characterized by any “specified sexual activities.”
ADVERTISING REVENUE. The net revenue received by the video service provider for advertising on its subscription-based video service within the city.
AFFILIATE. Any person who directly or indirectly owns or controls the grantee or franchisee, any person whom a grantee directly or indirectly owns or controls, or any person under common ownership or control with a grantee or franchisee.
AGENT. A person engaged in telephone canvassing or solicitation or in house-to-house canvassing, demonstrating or taking orders for any goods, wares or merchandise, or taking orders from samples where goods are to be delivered later.
APPLICANT. A person who applies for a massage practitioner license or a massage establishment license. If the applicant for a massage establishment is other than an individual, each individual who has a 20 percent or greater interest in the business and the person who will manage the business conducted in this city shall be deemed to be an applicant and upon issuance of a massage establishment license, a licensee; any person submitting an application within the meaning of this chapter.
CABLE ACT. The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., and as may be amended, including, without limitation, the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460, and the Telecommunications Act of 1996, Pub. L. No. 104-104, Sec. 3, 110 Stat. 56 (1996).
CABLE SERVICE. The one-way transmission to subscribers of video programming or other programming services. It also means subscriber interaction, if any, which is required for the selection of such video programming or other programming services.
CABLE SYSTEM, CABLE TELEVISION SYSTEM or SYSTEM.
(1) Any facility, operating by means of coaxial cable, optical fiber or any other transmission lines or forms of transmission and associated signal generation, reception, distribution and control equipment that is designed to provide cable service, which includes video programming and which is provided to multiple subscribers within the city.
(2) Such term does not include:
A. A facility that serves only to retransmit the television signals of one or more television broadcast stations;
B. A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility uses or crosses any street;
C. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, 47 U.S.C. §§ 201 et seq., except that to the full extent permitted by law, such facility will be considered a cable system to the extent it is used in the transmission of video programming, whether on a common carrier or non-common carrier basis, directly to subscribers; or
D. Any facilities of any electric utility used solely for operating its electric utility systems.
(3) The foregoing definition of CABLE SYSTEM shall not be deemed to circumscribe or limit the valid authority of the city to regulate or franchise the activities of any other communications system or provider of communications services to the full extent permitted by law.
CANVASSER AND SOLICITOR. Any individual, whether or not a resident of the City of Xenia, Ohio, soliciting by telephone or traveling, either by foot, wagon, automobile, motor vehicle or other type of conveyance, from place to place or from house to house, taking or attempting to take orders for the sale of goods, wares or merchandise, personal property of any nature whatsoever for future delivery, or services to be furnished or performed at certain times, or in the future, whether or not the individual has, carries or exposes for sale a sample of the subject for sale, or whether the individual is collecting advance payments on sales previously made. This definition shall not include any person who, for himself or herself or for another person, hires, leases, uses or occupies any building, structure, tent, hotel room, lodging house, apartment or other place within the city, for the sole purpose of exhibiting samples and taking orders for future delivery.
CITY. The City of Xenia, a municipal corporation of the State of Ohio, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
CITY COUNCIL or COUNCIL. The legislative body of the city.
CITY MANAGER or MANAGER. The City Manager of the City of Xenia or such people as may be designated by the City Manager pursuant to § 858.10.
COMPUTERIZED SWEEPSTAKES DEVICE. See SWEEPSTAKES TERMINAL DEVICE.
CONSIDERATION. Money or money’s worth.
CONTROL OF A FRANCHISEE, GRANTEE OR APPLICANT. The legal or practical ability to exert control over the affairs of a franchisee, grantee or applicant, either directly or indirectly, whether by contractual agreement, majority ownership interest or any other manner.
CRUISING. The driving of a taxicab on the streets, alleys or public places of the city in search of, or soliciting, prospective passengers for hire.
DESIGNATED ACCESS ORGANIZATION or DAO. Any non-profit entity established or designated by the city pursuant to § 808.17 for the purpose of developing, managing, administering or using any access channel or access channels.
DRIVER’S LICENSE. The permission granted by the state to a person to drive or operate a taxicab upon the streets of the city.
EFFECTIVE DATE. Either:
(1) If relating to a newly-issued franchise, the date on which a Council resolution or ordinance approves the award of the franchise; or
(2) In the case of a renewed franchise, either the day on which the franchise renewal begins, which day shall be the day after that certain date on which the franchisee’s current franchise expires, or the day on which the Council provides final administrative approval of the franchisee’s renewal agreement, whichever day is later.
EMPLOY, EMPLOYEE, AND EMPLOYMENT. Describing and pertaining to any person 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 person is denominated an employee, independent contractor, agent, or otherwise. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ENTER or ENTRY. The act or process by which a person becomes eligible to receive any prize offered in a sweepstakes.
EQUITABLE PRICE. Fair market value adjusted downward for the harm to the city or subscribers, if any, resulting from a franchisee’s breach of its franchise agreement or violation of this chapter.
ESCORT. Any person who for monetary consideration in the form of a fee, commission or salary, is held out to the public as available for hire to consort with or to accompany another or others to social affairs, places of amusement or entertainment within any place of public resort, or within any private quarters.
ESCORT SERVICE. Any person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides, or offers to introduce, patrons to escorts.
ESCORT SERVICE RUNNER. Any person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for either an escort service, or a patron, contacts or meets with escort patrons or an escort service at any location other than the established open office, as defined hereunder, whether that person is employed by the escort service, or any business, or is self-employed.
ESTABLISHED or ESTABLISHMENT. 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.
FAIR MARKET VALUE. The price that a willing buyer would pay to a willing seller for a going concern based on the system valuation prevailing in the industry at the time, but with no value allocated to the franchise itself.
FCC. The Federal Communications Commission or any successor governmental entity thereto.
FRANCHISE. The right granted by the city to a franchisee to construct, upgrade, maintain and operate a cable system under, on and over streets, roads and all other public ways and easements within all or specified areas of the city. The term does not include any license or permit which is generally required of all persons by this chapter or other laws, ordinances or regulations of the city for the privilege of transacting and carrying on a business within the city or for disturbing or carrying out any work upon any street.
FRANCHISE AGREEMENT. A contract entered into in accordance with the provisions of this chapter between the city and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.
FRANCHISE DOCUMENTS. Those documents which when taken together define the respective rights and obligations of the parties and specifically include this chapter and the franchise agreement executed pursuant to this chapter as those documents exist and may from time to time be amended.
FRANCHISEE. Any person granted a franchise pursuant to this chapter who has entered into a franchise agreement with the city.
GOODS, WARES AND MERCHANDISE. Includes, but is not limited to, a photograph and coupons to tickets good in whole or in part for a photograph, magazine article or other merchandise.
GROSS REVENUES.
(1) All revenues of the franchisee and any affiliate arising from, attributable to, or in any way derived from, providing cable services over the cable system within the city. GROSS REVENUES includes, but is not limited to, fees charged subscribers for basic service; fees charged subscribers for any optional, premium, per-channel or per-program service; fees charged subscribers for any tier of service other than basic service; installation, disconnection, reconnection and change-in-service fees; leased channel fees; fees or payments derived from programmers for carriage of programming on the system; converter rentals or sales; advertising revenues; revenues from home shopping channels; and revenues derived from the provision of any other cable service. GROSS REVENUES shall be the basis for computing the franchise fee imposed pursuant to § 808.18. GROSS REVENUES shall not include any taxes on services furnished by the franchisee which are imposed upon any subscriber or user by the state, county, city or other governmental unit and collected by the franchisee on behalf of the governmental unit, or, to the extent consistent with generally accepted accounting principles, actual bad debt write-offs, provided, however, that all or any part of any such actual bad debt that is written off but subsequently collected shall be included in GROSS REVENUES in the period collected.
(2) The franchise fee imposed pursuant to § 808.18 is a fee paid by a franchisee for the right to use the streets and is not a tax imposed on any subscriber or user and may be deducted or excluded from gross revenues unless a final judgment in Cities of Dallas and Laredo, Texas vs FCC, including all subsequent remands and appeals, holds to the contrary.
INCUMBENT CABLE PROVIDER. Any person who on the effective date of § 866.01 is the holder of a cable franchise agreement with the city as granted pursuant to requirements of 47 U.S.C. 541.
INSTITUTIONAL NETWORK. A voice, data and/or video communications system, capable of carrying voice, data and/or video signals, which is constructed and/or maintained by the franchisee for the city, the transmissions on which are generally available only to, and intended to be sent and received by, persons other than cable subscribers generally.
LAW. All duly enacted and applicable federal, state, county and city laws, ordinances, codes, rules, regulations and orders.
LEASED ACCESS CHANNEL. A channel designated in accordance with § 612 of the Cable Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated with the franchisee.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license; a person who is the holder of a valid license under this chapter, a licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensees are or would be prohibited from doing or performing an act or acts under this chapter. The person or persons who sign an application for a license related to sweepstakes terminal devices or sweepstakes/internet cafés and to whom such license is issued.
MARIJUANA. Marihuana as defined in ORC 3719.01.
MEDICAL MARIJUANA. Marijuana that is cultivated, processed, or dispensed, tested, possessed or used for a medical purpose.
MASSAGE or TOUCHING TECHNIQUES. Any of the following named subjects and methods of treatment: oil rubs; alcohol rubs; salt glows; hot or cold packs; tub, shower, or cabinet baths; colon irrigation; and touching procedures upon the external parts of the body by hand or by any electrical, mechanical or vibratory apparatus, including stroking, friction, kneading, rolling, vibrating, cupping, petrissage, rubbing, effleurage and tapotement.
MASSAGE ESTABLISHMENT. Any place of business or establishment wherein any of the subjects or methods of treatment listed in the definition of massage or touching techniques are administered, practiced or used, or from which is dispatched a person for the purpose of administering, practicing or using any of the subjects or methods of treatment listed therein.
MASSAGE PRACTITIONER. A person who practices or administers any massage or touching techniques listed in the definition for massage or touching techniques for a fee, income or compensation of any kind within the City of Xenia.
MORAL TURPITUDE. An act of baseness, vileness, or depravity in the private and social duties which a person owes to his or her fellow men, or to society in general.
NONPOROUS. Excludes any wood, plywood, composition board or other porous material.
NON-REPEAT AND LOCALLY PRODUCED. The first three playbacks of programming produced or provided by any local resident, or any local public or private agency that provides services to residents of Xenia, or any transmission of a meeting or proceeding of any local, state, or federal governmental entity.
NUDITY, NUDE or A STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
OFFER TO PROVIDE ACTS OR SEXUAL CONDUCT. To offer, propose or solicit to provide sexual conduct to a patron. Such definitions include all conversations, advertisement and acts, which would lead a reasonably prudent person to conclude that such acts were to be provided.
OPEN OFFICE. An office at the licensed escort service address from which escort business is transacted; to qualify as an open office it is required that:
(1) Business hours be established and posted and that the office is open to the public and patrons or prospective patrons during such business hours and that the office is accessible to business invitees, business license officials and law enforcement officers during hours that escorts are working;
(2) The office be managed by the owner or a management employee of the owner having authority to bind the escort service to escort and patron contracts and to adjust patron and consumer complaints;
(3) All telephone lines and numbers listed to the escort service, or advertised as escort service numbers, terminate at the open office and at no other location;
(4) An index of all employees and escorts is kept in the open office; and
(5) All business records be kept in the open office including records of escort calls and referrals, stating the name and address, including hotel or motel room, of the patron, the date and time of referral, name of the escort sent and whether the referral resulted in an escort service and the total fee received from the patron, if any.
OPERATE or CAUSE TO BE OPERATED. To cause to function or to put or keep in operation.
OPERATOR. Any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner or licensee of the business. Any person or persons having authority to control the premises of an arcade and/or sweepstakes/internet café.
OVERBUILD. A cable system constructed to serve subscribers in an area of the city served by an existing cable system.
OWNER. Any person who possesses a pecuniary interest, either directly or indirectly, of 25% or more in a sweepstakes/internet café.
PEDDLER. A person who solicits by telephone or who brings goods, wares and merchandise from outside the city or state, or where the goods, wares and merchandise are manufactured in the city for sale at retail and are in this state at the time that all negotiations prior to and at the time of sale thereof are had, and the goods, wares and merchandise are not sold in the original packages in interstate commerce, but at retail and in small quantities by means of telephone, house to house or place to place solicitation. Goods ordered or in transit, which were so ordered without reference to particular sales, shall be deemed to be in this state.
PEG. The activities or actions performed for the benefit of public, educational and government video programming by the City.
PERSON. Any individual, partnership, association, joint stock company, trust, corporation, governmental entity or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof.
PERSON FINANCIALLY INTERESTED. For a corporation, any person who is an officer or a director or any shareholder holding more than five percent of the shares thereof, for a non-corporate business, any person who shares in any financial gain attributable to the business as a proprietor or owner or on the basis of a percentage in excess of five percent of gross or ten percent of net revenue.
PREMISES. The building or structure, or any portions thereof or locations therein used for conducting one or more components of the operations of a sweepstakes/internet café of where any function related thereto is located.
PRIZE. Any gift, award, gratuity, good, service, credit, reward, or any other thing of value, which may be transferred to a person, whether possession of the prize is actually transferred, or placed on an account or other record as evidence of the intent to transfer the prize.
PUBLIC EDUCATIONAL OR GOVERNMENTAL ACCESS FACILITIES or PEG ACCESS FACILITIES. The total of the following in accordance with the provisions of 42 U.S.C. §§ 531 et seq.:
(1) Channel capacity designated for public, educational or governmental use; and
(2) Facilities and equipment for the use of such channel capacity.
REGULARLY FEATURES or REGULARLY SHOWN. With respect to an adult theater or adult cabaret, that the films or performances shown constitute any portion of the films or performances offered as part of the business of the adult theater or adult cabaret.
SEMI-NUDE or STATE OF SEMINUDITY. A state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in 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. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class 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 a semi-nude person is available for viewing;
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 semi-nude model is on the premises at any one time.
SERVICE AREA or FRANCHISE AREA. The entire geographic area within the city as it is now constituted or may in the future be constituted.
SERVICE ORIENTED ESCORT. An escort who:
(1) Operates from an open office;
(2) Does not employ or use an escort service runner;
(3) Does not advertise that sexual conduct will be provided or work for an escort service which so advertises; and
(4) Does not offer, solicit, agree to provide, or provide sexual conduct.
SERVICE ORIENTED ESCORT SERVICE. An escort bureau which:
(1) Maintains an open office at an established place of business;
(2) Does not use an escort bureau runner;
(3) Does not advertise, offer, solicit, agree to or provide sexual conduct to a patron; and
(4) Employs or provides only escorts who possess escort identification cards.
SEXUAL CONDUCT. Engaging in or the commission of an act of sexual intercourse, oral-genital contact or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of amusing or gratifying sexual desire of another person.
SEXUAL DEVICE SHOP. A business or commercial enterprise that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic, or establishment primarily dedicated to providing medical or healthcare products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.
SEXUAL ENCOUNTER ESTABLISHMENT. 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 engaging in or viewing live “specified sexual activities” or when one or more of the persons is semi-nude or in a state of nudity. The definition of SEXUAL ENCOUNTER ESTABLISHMENT 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.
SEXUAL GRATIFICATION. Sexual conduct as defined herein.
SEXUAL STIMULATION. To excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under “offer to provide acts or sexual conduct.”
SEXUALLY ORIENTED ACTS. Sexual conduct as defined herein.
SEXUALLY ORIENTED BUSINESS. 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, sexual device shop, or sexual encounter establishment, but does not include a business solely by reason if it is showing, selling, or renting materials that may depict sex. The definition of SEXUALLY ORIENTED BUSINESS 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.
SEXUALLY ORIENTED ESCORT. An escort who:
(1) Employs an escort service runner as an employee, agent or independent contractor;
(2) Works for, as an agent, employee or independent contractor, or is referred to a patron by a sexually oriented escort service;
(3) Advertised that sexual conduct will be provided or works for as an agent, employee or independent contractor or is referred to a patron by an escort service which so advertised;
(4) Solicits, offers, agrees to provide or does provide acts or sexual conduct to an escort patron; or
(5) Accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort service.
SEXUALLY ORIENTED ESCORT SERVICE. An escort service which:
(1) Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided;
(2) Uses as escorts persons known to have violated the law regarding prostitution;
(3) Does not maintain an open office;
(4) Employs as an employee, agent or independent contractor or uses an escort service runner;
(5) Advertises that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron;
(6) Solicits, offers or agrees to provide or does provide acts or sexual conduct to a patron;
(7) Employs, contracts with, or provides or refers escorts who do not possess escort identification cards as required herein;
(8) Does not deliver contracts to every patron or customer; or
(9) Employs, contracts with, or refers or provides to a patron, a sexually oriented escort.
SPECIFIED ANATOMICAL AREAS. Human genitals, pubic region, and buttocks and the human female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITY. Has the same meaning as SEXUAL ACTIVITY, as defined in Ohio R.C. 2907.01(C).
STREET or STREETS. The surface, the air space above the surface and the area below the surface of any public street, highway, road, freeway, thoroughfare, parkway, sidewalk, bridge, court, lane, path, alley, way, drive, circle, easement or any other public right-of-way or public place, including public utility easements, and any property in which the city holds any kind of property interest and any temporary or permanent fixtures or improvements located thereon.
SUBSCRIBER. Any person or commercial establishment located within the franchise area who or which elects to subscribe, for any purpose, to a cable service provided by the franchisee by means of or in connection with the cable system and who or which pays the charges therefor.
SWEEPSTAKES. Any game, contest, advertising scheme or plan, or other promotion, but does not include bingo, whether or not consideration is required for a person to enter to win or become eligible to receive any prize, the determination of which is based upon chance.
SWEEPSTAKES TERMINAL DEVICE. Any computer, machine, or apparatus which is capable of connection to the internet, regardless of whether such connection is utilized, through a wireless router, telephone line, digital subscriber line, satellite, cellular telephone, cable connection or any method, which is engaged or accessed upon the insertion of a coin, token, or similar object, or the sliding of a magnetic card or entry of a code, or similar process, or upon payment of anything of value, either directly or indirectly, and which may be operated by the public generally for use as entertainment, amusement or a contest of skill, whether or not registering a score, and which when so utilized produces, announces, reveals or discloses the eligibility, award or payment of a cash prize redeemable on or at the internet sweepstakes café, whether or not said prize was in fact announced, revealed or disclosed through the usage of the computerized sweepstakes device. Computerized sweepstakes device does not include machines designated for use by the State Lottery Commission.
SWEEPSTAKES/INTERNET CAFÉ. Any premises upon which any computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises have other business purposes of any nature whatsoever.
TAXICAB. A motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than seven persons and not operated on a fixed route.
TAXIMETER. A metered instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.
TRANSFER OF A FRANCHISE. Any action in which an ownership or other interest in a franchisee or its cable system is transferred from one person or group of persons to another person or group of persons so that control of the franchisee is transferred, or in which the rights and/or obligations held by the franchisee under a franchise agreement are transferred or assigned to another person or group of persons. A transfer is pro forma when the transaction qualifies as a transfer pursuant to either definition in the preceding sentence, but the transfer is to an affiliate under common ownership or control with the franchisee.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. 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.
TWO-WAY CAPABILITY. The incorporation into a cable system of all appropriate design and engineering characteristics and features so that two-way transmission, including addressability, can be implemented and activated.
VIDEO CHANNEL or CHANNEL. A portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, including the associated audio signal.
VIDEO SERVICE. The provision of video programming over wires or cables located at least in part in public rights-of-way, regardless of the technology used to deliver that programming, including internet protocol technology or any other technology. The term includes cable service, but excludes video programming provided to persons in their capacity as subscribers to commercial mobile service; video programming provided solely as part of and via a service that enables users to access content, information, electronic mail, or other services offered over the public internet. See Ohio R.C. 1332.21(J).
VIDEO SERVICE AUTHORIZATION or VSA. The authorization granted to a video service provider in accordance with the requirements of Ohio R.C. 1332.21 to 1332.34 et seq.
VIDEO SERVICE PROVIDER or VSP. A person, firm, or corporation granted a video service authorization under Ohio R.C. 1332.21 to 1332.34 et seq.
VIDEO SERVICE PROVIDER FEE or VSP FEE. The fee paid by a VSP in accordance with the requirements of Ohio R.C. 1332.32.
VIEWING ROOM. 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.
WAITING TIME. The time during which a taxicab is not in motion, from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than a request on the part of a passenger or passengers.
(1997 Code, §§ 808.02, 820.01, 840.01, 850.01, 858.01, 862.01) (Ord. 93-38, passed 7-8-1993; Ord. 93-43, passed 8-12-1993; Ord. 97-2, passed 1-9-1997; Ord. 05-18, passed 5-12-2005; Ord. 05-19, passed 5-12-2005; Ord. 05-20, passed 5-12-2005; Ord. 07-64, passed 12-27-2007; Ord. 09-22, passed 4-9-2009; Ord. 11-69, passed 11-22-2011; Ord. 17-14, passed 4-13-2017)