(a)   ADULT ENTERTAINMENT BUSINESS: One or a combination of more than one of the following types of businesses: adult bookstore, adult motion picture theater, adult novelty business, adult personal service business, and adult services business.

   (b)   ADULT BOOK STORE: An establishment which utilizes twenty percent or more of its rental or sales area for the display of books, magazines, or other periodicals, films, tapes, cassette tapes and video discs which materials have as their major or dominant theme matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” as defined herein. (See Section 1280.02.)

   (c)   ADULT MOTION PICTURE THEATRE: An establishment which utilizes twenty percent or more of its total viewing time per month for presentation of materials for viewing by its patrons which have as their major or dominant theme matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas” as defined herein.

   (d)   ADULT NOVELTY BUSINESS: A business, which has as a principal activity the sale of devices of simulated human genitals, devices designed for sexual stimulation or other items customarily considered as adult novelties.

   (e)   ADULT PERSONAL SERVICE BUSINESS: A business having as a principal activity one person, while nude or partially nude, providing personal services for hire for another person on an individual basis in a closed room. Such businesses include, but are not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual theatrical performances. It does not include activities or services performed by persons licensed by the State of Ohio.

   (f)   ADULT SERVICES BUSINESS: A business having as a principal activity one or more persons, while nude or partially nude, providing services and or entertainment for one or more persons on an individual or group basis in a closed or open room or space. Such businesses include, but are not limited to, the following activities and services: massage parlors, exotic rubs, modeling studios, body painting studios, wrestling studios, individual or group theatrical performances. It does not include activities or services performed by persons licensed by the State of Ohio.

   (g)   PARTIALLY NUDE: Having any or all of the following bodily parts exposed: buttocks, genitals, pubic area or female breasts.

   (h)   PRINCIPAL ACTIVITY: A use accounting for twenty percent or more of the business' novice display time per month, stock in trade, display space, or floor space.

   (i)   SPECIFIED ANATOMICAL AREAS: Less than completely or opaquely covered human genitals, pubic regions, buttocks, and female breasts below a point immediately above the top of the areola and human male genitals, in a discernibly turgid state, even if completely and opaquely covered.

   (j)   SPECIFIED SEXUAL ACTVITIES: Human genitals in a state of sexual stimulation or arousal, acts of real or simulated masturbation, sexual intercourse, sodomy, fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, cunnilingus, fellatio, or sadomasochistic sexual abuse.

   (k)   SADOMASOCHISTIC SEXUAL ABUSE: Actual or simulated flagellation, rape, torture, or other physical or sexual abuse, by or upon a person who is nude or partially nude, fettered or bound for sexual gratification, abuse or otherwise in the context of a sexual relationship.

(Ord. 08-33. Passed 5-4-09.)

   (a)   Any business meeting the definition of an adult book store regardless of the percentage of its rental or sales area devoted to the display of adult material shall limit access to such area to persons eighteen years of age and older.

   (b)   No adult entertainment business shall be established within any CD, AD, RS, RL, RM, RH, RZLL, RMH, SFC, TFR, MFR, MFC, MFH, CSI, LO, GO, LB, MB, HB, GB, LC, GC, DC, LI, or PUD District.

   (c)   No adult entertainment shall be established within 500 feet of any RS, RL, RM, RH, RZLL, RMH, SFC, TFR, MFR, MFC, MFH, CSI or PUD District.

   (d)   Adult entertainment businesses may be established in a GI District upon securing a conditional use approval from the Board pursuant to Chapter 1234. The Board shall grant the conditional use permit provided all other applicable provisions of the Zoning Code are met and subject to the following limitations:

      (1)   No adult entertainment business shall be established within 1,500 feet of another adult entertainment establishment, any school, library, or teaching facility, which is attended by persons less than eighteen years of age.

      (2)   No adult entertainment business shall be established within 1,500 feet of any park or recreational facility attended by persons less than eighteen years of age.

      (3)   No adult entertainment business shall be established within 1,500 feet of any church, synagogue, or permanently established place of religious worship attended by persons less than eighteen years of age.

(Ord. 08-33. Passed 5-4-09.)

   (a)   It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any building or land in violation of any of the provisions of this Code or any amendment or supplement thereto adopted by the City Council. Any person, firm, or corporation, violating any of the provisions of this Code, or any amendment or supplement thereto, shall be deemed guilty of an unclassified misdemeanor and upon conviction thereof, shall be fined not more than five hundred dollars ($500.00). Each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, or use continues, shall be deemed to be a separate offense.

   (b)   In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Code or any amendment or supplement thereto, the City Council, the Law Director, the Zoning Inspector or Code Administrator or any adjacent or neighboring property owner who would be specially damaged by such violation, may in addition to other remedies provided by law, institute appropriate action or proceedings to prevent such unlawful location, erection construction, reconstruction, alteration, conversion, maintenance, or use to restrain, correct or abate such violation; to prevent the occupancy of the building, structure or land; or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. 08-33. Passed 5-4-09.)