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28-01 777 Licensing for Sexually Oriented Business
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28-01 777 Licensing for Sexually Oriented Business
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Last modified
5/14/2013 2:59:21 PM
Creation date
7/8/2003 7:37:53 AM
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Office Of Council
Document Type
Ordinances
Date
7/8/2003
Date Adopted
7/2/2001
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(m) <br /> <br />(n) <br /> <br />(o) <br /> <br />(p) <br /> <br />(q) <br /> <br />(r) <br /> <br />GROSS PUBLZC FLOOR AREA'means the total area of the building accessible or visible to <br />the public, including showrooms, motion picture theaters, motion picture arcades, service <br />areas, behind-computer areas, storage areas visible from such other areas, restrooms <br />(whether or not labeled "public"), areas used for cabarets or similar shows (including stage <br />areas), plus aisles, hallways and entryways serving such areas. <br /> <br />HEALTH COI~II~IlSS]:ONER means the City of Lakewood Health Commissioner or his/her <br />authorized representative. <br /> <br />LICENSEE means, with respect to a Sexually Oriented Business license issued under this <br />chapter, a person in whose name a license to operate a Sexually Oriented Business or adult <br />motel has been issued, as well as the individual(s) designated on the license application as <br />principally responsible for the operation of the Sexually Oriented Business or adult motel. <br />With respect to a sexually oriented employee license issued under this Chapter, licensee <br />means a person in whose name a license has been issued authorizing employment in a <br />Sexually Oriented Business or adult motel. <br /> <br />L_TVE V]:EWING BOOTH means any private or semi-private booth, cubicle, stall or <br />compartment which is designed, constructed or used to hOld or seat patrons wherein a live <br />performance is presented to patrons which is distinguished or characterized by an emphasis <br />on the depiction or description of "specified sexual activities" or "specified anatomical <br />areas." A live viewing booth shall not mean a theater, moviehouse, playhouse or a room or <br />enclosure or portion thereof which contains more than :tS0 square feet of floor space. <br /> <br />NUDE MODEL STUDIO means any place where a person who appears ~nude' or <br />"semi-nude" or who displays "specified anatomical areas" is provided to be observed, <br />sketched, drawn, painted, sculptUred, Photographed, or similarly depicted by other <br />persons who pay money or any form of consideration. <br /> <br />Nude Model Studio shall not include: <br /> <br />(2) <br /> <br />a proprietary school licensed by the State of Ohio, or a college, junior college or <br />university supported entirely or in part by public taxation. <br /> <br />a private college or university that offers educational programs in which credits <br />are transferable to a college, junior college, or university supported entirely or <br />partly by taxation; or <br /> <br />(3) <br /> <br />an establishment holding classes in a structure that has no sign visible from the <br />exterior of the structure and no other advertising that indicates a "nude" or <br />"semi-nude" person is available for viewing; where in order to participate in a <br />class a student must enroll at least three days in advance of the class; and where <br />no more than one semi-nude model is on the premises at any one time. <br /> <br />NUDFrY or STATE OF NUDTrY or NUDE means exposing to view the genitals, pubic <br />area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully <br />opaque covering; exposing to view any portion of the areola of the female breast with less <br />than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, <br />even if entirely covered by an opaque covering; or exposing to view any device, costume, <br />or covering that gives the appearance of or simulates any of these anatomical areas. <br /> <br />OPERATE means to control or hold primary responsibility for the operation of a Sexually <br />Oriented Business or adult motel, either as a business entity, as an individual, or as part of <br />a group of individuals with shared responsibility. "Operate" or "Cause to be Operated" shall <br />mean to cause to function or to put or keep in operation. Operator means any persons on <br />the premises of a Sexually Oriented Business who is authorized to exercise overall <br />operational control or hold primary responsibility for the operation of a Sexually Oriented <br />Business or who causes to function or who puts or keeps in operation the business. A <br />person may be found to be operation or causing to be operated a Sexually Oriented <br />Business whether or not that person is an owner, part owner, or licensee of the business. <br /> <br />Page 6 of 24 <br /> <br /> <br />
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