As Passed by the House

126th General Assembly Regular Session 2005-2006

Am. H. B. No. 23

Representatives Reidelbach, Wolpert, Wagner, Flowers, McGregor, Faber, Hood, Calvert, Taylor, Seitz, Raga, Schaffer, Fessler, White, Combs, Brinkman, Allen, Webster, Barrett, Hartnett, DeGeeter, Gilb, Brown, Otterman, Collier, Aslanides, Latta, Buehrer, Distel, C. Evans, Hagan, Hoops, Law, Miller, Perry, Schneider, Seaver, Setzer, Strahorn, Williams 

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A BILL

To amend sections 303.02, 503.29, 519.02, 2505.08,

1

2506.01, 2506.02, 2506.03, 2506.04, 2907.01, and

2

4301.25, to amend, for the purpose of adopting a

3

new section number as indicated in parentheses,

4

section 503.29 (503.53), to enact new sections

5

503.51 and 503.52 and sections 2506.05, 2506.06,

6

2506.07, 2506.08, 2907.38, 3768.01, 3768.02,

7

3768.03, 3768.04, 3768.05, 3768.06, and 3768.99,

8

and to repeal sections 503.51, 503.52, 503.53,

9

503.54, 503.55, 503.56, 503.57, 503.58, 503.59,

10

503.65, and 503.99 of the Revised Code to

11

generally regulate adult entertainment

12

establishments; to permit townships to regulate

13

the location and operation of those

14

establishments; to create an expedited appeal from

15

orders, adjudications, or decisions denying an

16

application for, or suspending or revoking, a

17

license or permit to locate or operate such an

18

establishment; to create an expedited appeal in

19

any case in which a court determines there is a

20

threat of restraint of protected expression; and

21

to create the offense of permitting unlawful

22

operation of viewing booths depicting sexual

23

conduct.

24

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 303.02, 503.29, 519.02, 2505.08,	25
2506.01, 2506.02, 2506.03, 2506.04, 2907.01, and 4301.25 be	26
amended, section 503.29 (503.53) be amended for the purpose of	27
adopting a new section number as indicated in parentheses, and new	28
sections 503.51 and 503.52 and sections 2506.05, 2506.06, 2506.07,	29
2506.08, 2907.38, 3768.01, 3768.02, 3768.03, 3768.04, 3768.05,	30
3768.06, and 3768.99 of the Revised Code be enacted to read as	31
follows:	32

Sec. 303.02. (A) Except as otherwise provided in this	33
section, in the interest of the public health, safety,	34
convenience, comfort, prosperity, or general welfare, the board of	35
county commissioners may, in accordance with a comprehensive plan,	36
regulate by resolution the location, height, bulk, number of	37
stories, and size of buildings and other structures, including	38
tents, cabins, and trailer coaches, percentages of lot areas that	39
may be occupied, set back building lines, sizes of yards, courts,	40
and other open spaces, the density of population, the uses of	41
buildings and other structures, including tents, cabins, and	42
trailer coaches, and the uses of land for trade, industry,	43
residence, recreation, or other purposes in the unincorporated	44
territory of the county, and establish reasonable residential	45
landscaping standards and residential architectural standards,	46
excluding exterior building materials, for the unincorporated	47
territory of the county and, for all these purposes, the board may	48
divide all or any part of the unincorporated territory of the	49
county into districts or zones of such number, shape, and area as	50
the board determines. All such regulations shall be uniform for	51
each class or kind of building or other structure or use	52
throughout any district or zone, but the regulations in one	53
district or zone may differ from those in other districts or	54
zones.	55

For any activities permitted and regulated under Chapter	56
1509., 1513., or 1514. of the Revised Code and any related	57
processing activities, the board of county commissioners may	58
regulate under the authority conferred by this section only in the	59
interest of public health or safety.	60

(B) A board of county commissioners that pursuant to this	61
chapter regulates adult entertainment establishments, as defined	62
in section 3768.01 of the Revised Code, may modify its	63
administrative zoning procedures with regard to adult	64
entertainment establishments as the board determines necessary to	65
ensure that the procedures comply with all applicable	66
constitutional requirements.	67

Sec. 503.51. As used in this section and sections 503.52 and	68
503.53 of the Revised Code, "adult arcade," "adult bookstore,"	69
"adult novelty store," "adult video store," "adult cabaret,"	70
"adult entertainment establishment," "adult motion picture	71
theater," "adult theater," "distinguished or characterized by	72
their emphasis upon," "nude or seminude model studio," "nudity,"	73
"nude," "state of nudity," "regularly features," "regularly	74
shown," "seminude," "state of seminudity," "sexual encounter	75
establishment," "specified anatomical areas," and "specified	76
sexual activity" have the same meanings as in section 3768.01 of	77
the Revised Code.	78

Sec. 503.52. (A) A board of township trustees, by resolution,	79
may regulate the operation of adult entertainment establishments.	80
Those regulations may include, but are not limited to, antinudity	81
restrictions, limitations on hours of operation, interior	82
configuration requirements, and requirements that adult	83
entertainment establishments and their employees obtain licenses	84
or permits to operate as or to be employed by an adult	85
entertainment establishment. Those regulations shall not be in	86
conflict with any provision in Chapter 4303. of the Revised Code,	87
or with any rule adopted by the division of liquor control	88
pursuant to that chapter, that regulates establishments that hold	89
a liquor permit.	90

(B) A board of township trustees that has adopted a	91
resolution under division (A) of this section may provide for	92
criminal and civil sanctions for adult entertainment	93
establishments that violate regulations established by the	94
township under the resolution. All proceeds from criminal and	95
civil sanctions shall be applied initially to the payment of costs	96
incurred in the prosecution and enforcement of the resolution	97
adopted under division (A) of this section, including, but not	98
limited to, court costs, reasonable attorney's fees, and other	99
litigation expenses incurred by the county or township.	100

(C)(1) When it appears that a resolution adopted under	101
division (A) of this section or section 503.53 of the Revised Code	102
is being or is about to be violated, the legal counsel of the	103
township in which the violation is taking place may commence a	104
civil action to enjoin the violation.	105

(2) The legal counsel of a township may commence a civil	106
action under Chapter 3767. of the Revised Code to abate as a	107
nuisance any place in the unincorporated area of the township at	108
which a resolution adopted under division (A) of this section or	109
section 503.53 of the Revised Code is being or has been violated.	110
All proceeds from the sale of personal property or contents seized	111
pursuant to the action shall be applied initially to the payment	112
of costs incurred in the prosecution of the action and the costs	113
associated with the abatement and sale ordered under division (A)	114
of section 3767.06 of the Revised Code, including, but not limited	115
to, court costs, reasonable attorney's fees, and other litigation	116
expenses incurred by the county or township. Any proceeds	117
remaining after that initial application shall be deposited into	118
the township treasury and credited to the general fund.	119

Sec. 503.29.        Sec. 503.53. (A) Resolutions of the type described in	120
division (B)(A) of section 503.65503.52 of the Revised Code may	121
be proposed by initiative petition by the electors of a township	122
and adopted by election by these electors, under the same	123
circumstances, in the same manner, and subject to the same	124
penalties as provided in sections 731.28 to 731.40 and section	125
731.99 of the Revised Code for ordinances and other measures of	126
municipal corporations, insofar as those sections are applicable	127
to townships, except as follows:	128

(A)(1) The board of township trustees shall perform the	129
duties imposed on the legislative authority of the municipal	130
corporation under those sections.	131

(B)(2) Initiative petitions shall be filed with the township	132
clerk, who shall perform the duties imposed under those sections	133
upon the city auditor or village clerk.	134

(C)(3) Initiative petitions shall contain the signatures of	135
electors of the township equal in number to at least ten per cent	136
of the total vote cast in the township for the office of governor	137
at the most recent general election for that office.	138

(D)(4) Each signer of an initiative petition shall be an	139
elector of the township in which the election on the proposed	140
resolution is to be held.	141

(B) A resolution proposed under division (A) of this section	142
may provide for the following:	143

(1) Modification of the administrative procedures, including	144
administrative zoning procedures, of the township as those	145
procedures apply to adult entertainment establishments to ensure	146
that constitutional requirements are met;	147

(2) Criminal and civil sanctions for adult entertainment	148
establishments that violate regulations established by the	149
resolution.	150

Sec. 519.02. (A) Except as otherwise provided in this	151
section, in the interest of the public health, safety,	152
convenience, comfort, prosperity, or general welfare, the board of	153
township trustees may, in accordance with a comprehensive plan,	154
regulate by resolution the location, height, bulk, number of	155
stories, and size of buildings and other structures, including	156
tents, cabins, and trailer coaches, percentages of lot areas that	157
may be occupied, set back building lines, sizes of yards, courts,	158
and other open spaces, the density of population, the uses of	159
buildings and other structures, including tents, cabins, and	160
trailer coaches, and the uses of land for trade, industry,	161
residence, recreation, or other purposes in the unincorporated	162
territory of the township, and establish reasonable residential	163
landscaping standards and residential architectural standards,	164
excluding exterior building materials, for the unincorporated	165
territory of the township; and, for all these purposes, the board	166
may divide all or any part of the unincorporated territory of the	167
township into districts or zones of such number, shape, and area	168
as the board determines. All such regulations shall be uniform for	169
each class or kind of building or other structure or use	170
throughout any district or zone, but the regulations in one	171
district or zone may differ from those in other districts or	172
zones.	173

For any activities permitted and regulated under Chapter	174
1509., 1513., or 1514. of the Revised Code and any related	175
processing activities, the board of township trustees may regulate	176
under the authority conferred by this section only in the interest	177
of public health or safety.	178

(B) A board of township trustees that pursuant to this	179
chapter regulates adult entertainment establishments, as defined	180
in section 3768.01 of the Revised Code, may modify its	181
administrative zoning procedures with regard to adult	182
entertainment establishments as the board determines necessary to	183
ensure that the procedures comply with all applicable	184
constitutional requirements.	185

Sec. 2505.08.  In the case of an administrative-related	186
appeal other than an expedited appeal brought under sections	187
2506.05 to 2506.08 of the Revised Code, within forty days after	188
the filing of a notice of appeal or the obtaining of a leave to	189
appeal, as described in section 2505.04 of the Revised Code, the	190
administrative officer, agency, board, department, tribunal,	191
commission, or other instrumentality whose final order is being	192
appealed shall prepare and file in the court to which the appeal	193
is taken, a complete transcript of all the original papers,	194
testimony, and evidence offered, heard, and taken into	195
consideration in issuing the final order. The costs of the	196
transcript shall be taxed as part of the costs of the appeal.	197

Sec. 2506.01. Every(A) Except as otherwise provided in	198
sections 2506.05 to 2506.08 of the Revised Code, and except as	199
modified by this section and sections 2506.02 to 2506.04 of the	200
Revised Code, every final order, adjudication, or decision of any	201
officer, tribunal, authority, board, bureau, commission,	202
department, or other division of any political subdivision of the	203
state may be reviewed by the court of common pleas of the county	204
in which the principal office of the political subdivision is	205
located as provided in Chapter 2505. of the Revised Code, except	206
as modified by this chapter.	207

(B) The appeal provided in this chaptersection is in	208
addition to any other remedy of appeal provided by law.	209

A(C) As used in this chapter, "final order, adjudication, or	210
decision" means an order, adjudication, or decision that	211
determines rights, duties, privileges, benefits, or legal	212
relationships of a person, but does not include any order,	213
adjudication, or decision from which an appeal is granted by rule,	214
ordinance, or statute to a higher administrative authority if a	215
right to a hearing on such appeal is provided, or any order,	216
adjudication, or decision that is issued preliminary to or as a	217
result of a criminal proceeding.	218

Sec. 2506.02.  Within forty days after filing thea notice of	219
appeal in relation to a final order, adjudication, or decision	220
covered by division (A) of section 2506.01 of the Revised Code,	221
the officer or body from which the appeal is taken, upon the	222
filing of a praecipe by the appellant, shall prepare and file in	223
the court to which the appeal is taken, a complete transcript of	224
all the original papers, testimony, and evidence offered, heard,	225
and taken into consideration in issuing the final order,	226
adjudication, or decision appealed from. The costs of suchthe	227
transcript shall be taxed as a part of the costs of the appeal.	228

Sec. 2506.03.  (A) The hearing of suchan appeal taken in	229
relation to a final order, adjudication, or decision covered by	230
division (A) of section 2506.01 of the Revised Code shall proceed	231
as in the trial of a civil action, but the court shall be confined	232
to the transcript as filed pursuant tounder section 2506.02 of	233
the Revised Code unless it appears, on the face of that transcript	234
or by affidavit filed by the appellant, that one of the following	235
applies:	236

(1) The transcript does not contain a report of all evidence	237
admitted or profferredproffered by the appellant;.	238

(2) The appellant was not permitted to appear and be heard in	239
person, or by histhe appellant's attorney, in opposition to the	240
final order, adjudication, or decision appealed from, and to do	241
any of the following:	242

(a) Present histhe appellant's position, arguments, and	243
contentions;	244

(b) Offer and examine witnesses and present evidence in	245
support;	246

(c) Cross-examine witnesses purporting to refute histhe	247
appellant's position, arguments, and contentions;	248

(d) Offer evidence to refute evidence and testimony offered	249
in opposition to histhe appellant's position, arguments, and	250
contentions;	251

(e) Proffer any such evidence into the record, if the	252
admission of it is denied by the officer or body appealed from.	253

(3) The testimony adduced was not given under oath;.

254

(4) The appellant was unable to present evidence by reason of	255
a lack of the power of subpoena by the officer or body appealed	256
from, or the refusal, after request, of suchthat officer or body	257
to afford the appellant opportunity to use the power of subpoena	258
when possessed by the officer or body;.	259

(5) The officer or body failed to file with the transcript,	260
conclusions of fact supporting the final order, adjudication, or	261
decision appealed from.	262

(B) If any circumstance described in divisions (A)(1) to (5)	263
of this section applies, the court shall hear the appeal upon the	264
transcript and such additional evidence as may be introduced by	265
any party. At the hearing, any party may call, as if on	266
cross-examination, any witness who previously gave testimony in	267
opposition to suchthat party.	268

Sec. 2506.04. TheIf an appeal is taken in relation to a	269
final order, adjudication, or decision covered by division (A) of	270
section 2506.01 of the Revised Code, the court may find that the	271
order, adjudication, or decision is unconstitutional, illegal,	272
arbitaryarbitrary, capricious, unreasonable, or unsupported by	273
the preponderance of substantial, reliable, and probative evidence	274
on the whole record. Consistent with its findings, the court may	275
affirm, reverse, vacate, or modify the order, adjudication, or	276
decision, or remand the cause to the officer or body appealed from	277
with instructions to enter an order, adjudication, or decision	278
consistent with the findings or opinion of the court. The judgment	279
of the court may be appealed by any party on questions of law as	280
provided in the Rules of Appellate Procedure and, to the extent	281
not in conflict with those rules, Chapter 2505. of the Revised	282
Code.	283

Sec. 2506.05. (A)(1) Except as modified by this section and	284
sections 2506.06 to 2506.08 of the Revised Code, every final	285
order, adjudication, or decision of any officer, tribunal,	286
authority, board, bureau, commission, department, or other	287
division of any political subdivision of the state denying an	288
application for, or suspending or revoking, a license or permit to	289
locate or operate an adult entertainment establishment, as defined	290
in section 3768.01 of the Revised Code or as similarly defined by	291
a political subdivision, may be reviewed by the court of common	292
pleas of the county in which the principal office of the political	293
subdivision is located as provided in Chapter 2505. of the Revised	294
Code.	295

(2) In addition to appeals brought pursuant to division	296
(A)(1) of this section, a court of common pleas may hear appeals	297
under this section and sections 2506.06 to 2506.08 of the Revised	298
Code in cases in which the court determines that there is a threat	299
of restraint of expression protected or presumptively protected	300
under the First Amendment to the United States Constitution or	301
under Section 11 of Article I, Ohio Constitution.	302

(B) An appellant seeking to have an appeal heard under this	303
section shall designate it as an expedited appeal by inserting the	304
words "Expedited Appeal Requested" in conspicuous typeface in the	305
caption of the notice of appeal.	306

(C) In an appeal under this section, if the political	307
subdivision does not object to the expedited appeal within three	308
days of the filing of the notice of appeal or if, over the	309
objection of the political subdivision, the court determines that	310
there is a threat of restraint of expression protected or	311
presumptively protected under the First Amendment of the United	312
States Constitution or under Section 11 of Article I of the Ohio	313
Constitution, the court shall conduct a hearing as promptly as is	314
practicable and render a decision in a prompt and expeditious	315
manner consistent with the United States Constitution and the Ohio	316
Constitution. If the court denies the request for an expedited	317
appeal, the appeal shall be heard in accordance with sections	318
2506.01 to 2506.04 of the Revised Code.	319

(D) The appeal provided in this section is in addition to any	320
other remedy of appeal provided by law.	321

Sec. 2506.06. Within five days after filing a notice of	322
appeal under section 2506.05 of the Revised Code, the officer or	323
body from which the appeal is taken, upon the filing of a praecipe	324
by the appellant, shall prepare and file in the court to which the	325
appeal is taken, a complete transcript of all the original papers,	326
testimony, and evidence offered, heard, and taken into	327
consideration in issuing the final order, adjudication, or	328
decision appealed from. The costs of the transcript shall be taxed	329
as a part of the costs of the appeal.	330

Sec. 2506.07. (A) The hearing of an appeal taken under	331
section 2506.05 of the Revised Code shall proceed as in the trial	332
of a civil action, but the court shall be confined to the	333
transcript as filed under section 2506.06 of the Revised Code	334
unless it appears on the face of that transcript or by affidavit	335
filed by the appellant that one of the following applies:	336

(1) The transcript does not contain a report of all evidence	337
admitted or proffered by the appellant.	338

(2) The appellant was not permitted to appear and be heard in	339
person, or by the appellant's attorney, in opposition to the final	340
order, adjudication, or decision appealed from and to do any of	341
the following:	342

(a) Present the appellant's position, arguments, and	343
contentions;	344

(b) Offer and examine witnesses and present evidence in	345
support;	346

(c) Cross-examine witnesses purporting to refute the	347
appellant's position, arguments, and contentions;	348

(d) Offer evidence to refute evidence and testimony offered	349
in opposition to the appellant's position, arguments, and	350
contentions;	351

(e) Proffer any evidence offered pursuant to division	352
(A)(2)(d) of this section into the record if the admission of it	353
is denied by the officer or body appealed from.	354

(3) The testimony adduced was not given under oath.

355

(4) The appellant was unable to present evidence because of a	356
lack of the power of subpoena by the officer or body appealed from	357
or because of the refusal after request of that officer or body to	358
afford the appellant opportunity to use the power of subpoena when	359
possessed by the officer or body.	360

(5) The officer or body failed to file with the transcript	361
conclusions of fact supporting the final order, adjudication, or	362
decision appealed from.	363

(B) If any circumstance described in divisions (A)(1) to (5)	364
of this section applies, the court shall hear the appeal upon the	365
transcript and additional evidence as may be introduced by any	366
party. At the hearing, any party may call, as if on	367
cross-examination, any witness who previously gave testimony in	368
opposition to that party.	369

Sec. 2506.08. If an appeal is taken under section 2506.05 of	370
the Revised Code, the court may find that the order, adjudication,	371
or decision is unconstitutional, illegal, arbitrary, capricious,	372
unreasonable, or unsupported by the preponderance of substantial,	373
reliable, and probative evidence on the whole record. Consistent	374
with its findings, the court may affirm, reverse, vacate, or	375
modify the order, adjudication, or decision, or remand the cause	376
to the officer or body appealed from with instructions to enter an	377
order, adjudication, or decision consistent with the findings or	378
opinion of the court. If the order, adjudication, or decision is	379
remanded to the officer or body appealed from with those	380
instructions, the officer or body shall enter the consistent	381
order, adjudication, or decision within five days after that	382
remand. The judgment of the court may be appealed by any party on	383
questions of law as provided in the Rules of Appellate Procedure	384
and, to the extent not in conflict with those rules, Chapter 2505.	385
of the Revised Code.	386

Sec. 2907.01.  As used in sections 2907.01 to 2907.372907.38	387
of the Revised Code:	388

(A) "Sexual conduct" means vaginal intercourse between a male	389
and female; anal intercourse, fellatio, and cunnilingus between	390
persons regardless of sex; and, without privilege to do so, the	391
insertion, however slight, of any part of the body or any	392
instrument, apparatus, or other object into the vaginal or anal	393
cavity of another. Penetration, however slight, is sufficient to	394
complete vaginal or anal intercourse.	395

(B) "Sexual contact" means any touching of an erogenous zone	396
of another, including without limitation the thigh, genitals,	397
buttock, pubic region, or, if the person is a female, a breast,	398
for the purpose of sexually arousing or gratifying either person.	399

(C) "Sexual activity" means sexual conduct or sexual contact,	400
or both.	401

(D) "Prostitute" means a male or female who promiscuously	402
engages in sexual activity for hire, regardless of whether the	403
hire is paid to the prostitute or to another.	404

(E) "Harmful to juveniles" means that quality of any material	405
or performance describing or representing nudity, sexual conduct,	406
sexual excitement, or sado-masochistic abuse in any form to which	407
all of the following apply:	408

(1) The material or performance, when considered as a whole,	409
appeals to the prurient interest in sex of juveniles.	410

(2) The material or performance is patently offensive to	411
prevailing standards in the adult community as a whole with	412
respect to what is suitable for juveniles.	413

(3) The material or performance, when considered as a whole,	414
lacks serious literary, artistic, political, and scientific value	415
for juveniles.	416

(F) When considered as a whole, and judged with reference to	417
ordinary adults or, if it is designed for sexual deviates or other	418
specially susceptible group, judged with reference to that group,	419
any material or performance is "obscene" if any of the following	420
apply:	421

(1) Its dominant appeal is to prurient interest;

422

(2) Its dominant tendency is to arouse lust by displaying or	423
depicting sexual activity, masturbation, sexual excitement, or	424
nudity in a way that tends to represent human beings as mere	425
objects of sexual appetite;	426

(3) Its dominant tendency is to arouse lust by displaying or	427
depicting bestiality or extreme or bizarre violence, cruelty, or	428
brutality;	429

(4) Its dominant tendency is to appeal to scatological	430
interest by displaying or depicting human bodily functions of	431
elimination in a way that inspires disgust or revulsion in persons	432
with ordinary sensibilities, without serving any genuine	433
scientific, educational, sociological, moral, or artistic purpose;	434

(5) It contains a series of displays or descriptions of	435
sexual activity, masturbation, sexual excitement, nudity,	436
bestiality, extreme or bizarre violence, cruelty, or brutality, or	437
human bodily functions of elimination, the cumulative effect of	438
which is a dominant tendency to appeal to prurient or scatological	439
interest, when the appeal to such an interest is primarily for its	440
own sake or for commercial exploitation, rather than primarily for	441
a genuine scientific, educational, sociological, moral, or	442
artistic purpose.	443

(G) "Sexual excitement" means the condition of human male or	444
female genitals when in a state of sexual stimulation or arousal.	445

(H) "Nudity" means the showing, representation, or depiction	446
of human male or female genitals, pubic area, or buttocks with	447
less than a full, opaque covering, or of a female breast with less	448
than a full, opaque covering of any portion thereof below the top	449
of the nipple, or of covered male genitals in a discernibly turgid	450
state.	451

(I) "Juvenile" means an unmarried person under the age of	452
eighteen.	453

(J) "Material" means any book, magazine, newspaper, pamphlet,	454
poster, print, picture, figure, image, description, motion picture	455
film, phonographic record, or tape, or other tangible thing	456
capable of arousing interest through sight, sound, or touch and	457
includes an image or text appearing on a computer monitor,	458
television screen, liquid crystal display, or similar display	459
device or an image or text recorded on a computer hard disk,	460
computer floppy disk, compact disk, magnetic tape, or similar data	461
storage device.	462

(K) "Performance" means any motion picture, preview, trailer,	463
play, show, skit, dance, or other exhibition performed before an	464
audience.	465

(L) "Spouse" means a person married to an offender at the	466
time of an alleged offense, except that such person shall not be	467
considered the spouse when any of the following apply:	468

(1) When the parties have entered into a written separation	469
agreement authorized by section 3103.06 of the Revised Code;	470

(2) During the pendency of an action between the parties for	471
annulment, divorce, dissolution of marriage, or legal separation;	472

(3) In the case of an action for legal separation, after the	473
effective date of the judgment for legal separation.	474

(M) "Minor" means a person under the age of eighteen.

475

(N) "Mental health client or patient" has the same meaning as	476
in section 2305.51 of the Revised Code.	477

(O) "Mental health professional" has the same meaning as in	478
section 2305.115 of the Revised Code.	479

(P) "Sado-masochistic abuse" means flagellation or torture by	480
or upon a person or the condition of being fettered, bound, or	481
otherwise physically restrained.	482

Sec. 2907.38. (A) As used in this section:

483

(1) "Commercial establishment" means an entity that is open	484
to the public and to which either of the following applies:	485

(a) It has a substantial or significant portion of its stock	486
in trade of the sale, rental, or viewing of visual materials or	487
performances depicting sexual conduct.	488

(b) It has as a principal business purpose the sale, rental,	489
or viewing of visual materials or performances depicting sexual	490
conduct.	491

(2) "Visual materials or performances" means films, videos,	492
CD-ROM discs, streaming video, or other motion pictures.	493

(B) No person who has custody, control, or supervision of a	494
commercial establishment, with knowledge of the character of the	495
visual material or performance involved, shall knowingly permit	496
the use of, or offer the use of, viewing booths, stalls, or	497
partitioned portions of a room located in the commercial	498
establishment for the purpose of viewing visual materials or	499
performances depicting sexual conduct unless both of the following	500
apply:	501

(1) The inside of each booth, stall, or partitioned room is	502
visible from, and at least one side of each booth, stall, or	503
partitioned room is open to, a continuous and contiguous main	504
aisle or hallway that is open to the public areas of the	505
commercial establishment and is not obscured by any curtain, door,	506
or other covering or enclosure.	507

(2) No booth, stall, or partitioned room is designed,	508
constructed, pandered, or allowed to be used for the purpose of	509
encouraging or facilitating nudity or sexual activity on the part	510
of or between patrons or members of the public, and no booth,	511
stall, or partitioned room has any aperture, hole, or opening for	512
the purpose of encouraging or facilitating nudity or sexual	513
activity.	514

(C) It is an affirmative defense to a charge under this	515
section that either of the following applies to the involved	516
visual materials or performances:	517

(1) The visual materials or performances depicting sexual	518
conduct are disseminated or presented for a bona fide medical,	519
scientific, educational, religious, governmental, judicial, or	520
other proper purpose and by or to a physician, psychologist,	521
sociologist, scientist, teacher, person pursuing bona fide studies	522
or research, librarian, member of the clergy, prosecutor, judge,	523
or other person having a proper interest in the visual materials	524
or performances.	525

(2) The visual materials or performances depicting sexual	526
conduct, taken as a whole, would be found by a reasonable person	527
to have serious literary, artistic, political, or scientific value	528
or are presented or disseminated in good faith for a serious	529
literary, artistic, political, or scientific purpose and are not	530
pandered for their prurient appeal.	531

(D) Whoever violates this section is guilty of permitting	532
unlawful operation of viewing booths depicting sexual conduct, a	533
misdemeanor of the first degree.	534

Sec. 3768.01. As used in this chapter:

535

(A) "Adult arcade" means any place to which the public is	536
permitted or invited in which coin-operated, slug-operated, or	537
electronically, electrically, or mechanically controlled still or	538
motion picture machines, projectors, or other image-producing	539
devices are regularly maintained to show images to five or fewer	540
persons per machine at any one time, and in which the images so	541
displayed are distinguished or characterized by their emphasis	542
upon matter exhibiting or describing specified sexual activities	543
or specified anatomical areas.	544

(B)(1) "Adult bookstore," "adult novelty store," or "adult	545
video store" means a commercial establishment that, for any form	546
of consideration, has as a significant or substantial portion of	547
its stock-in-trade in, derives a significant or substantial	548
portion of its revenues from, devotes a significant or substantial	549
portion of its interior business or advertising to, or maintains a	550
substantial section of its sales or display space for the sale or	551
rental of any of the following:	552

(a) Books, magazines, periodicals, or other printed matter,	553
or photographs, films, motion pictures, video cassettes, compact	554
discs, slides, or other visual representations, that are	555
characterized by their emphasis upon the exhibition or description	556
of specified sexual activities or specified anatomical areas;	557

(b) Instruments, devices, or paraphernalia that are designed	558
for use or marketed primarily for stimulation of human genital	559
organs or for sadomasochistic use or abuse of self or others.	560

(2) An establishment may have other principal business	561
purposes that do not involve the offering for sale, rental, or	562
viewing of materials exhibiting or describing specified sexual	563
activities or specified anatomical areas and still be categorized	564
as an adult bookstore, adult novelty store, or adult video store.	565
The existence of other principal business purposes does not exempt	566
an establishment from being categorized as an adult bookstore,	567
adult novelty store, or adult video store so long as one of its	568
principal business purposes is offering for sale or rental, for	569
some form of consideration, such materials that exhibit or	570
describe specified sexual activities or specified anatomical	571
areas.	572

(C) "Adult cabaret" means a nightclub, bar, juice bar,	573
restaurant, bottle club, or similar commercial establishment,	574
whether or not alcoholic beverages are served, that regularly	575
features any of the following:	576

(1) Persons who appear in a state of nudity or seminudity;

577

(2) Live performances that are characterized by the exposure	578
of specified anatomical areas or specified sexual activities;	579

(3) Films, motion pictures, video cassettes, slides, or other	580
photographic reproductions that are distinguished or characterized	581
by their emphasis upon the exhibition or description of specified	582
sexual activities or specified anatomical areas.	583

(D) "Adult entertainment" means the sale, rental, or	584
exhibition, for any form of consideration, of books, films, video	585
cassettes, magazines, periodicals, or live performances that are	586
characterized by an emphasis on the exposure or display of	587
specified anatomical areas or specified sexual activity.	588

(E) "Adult entertainment establishment" means an adult	589
arcade, adult bookstore, adult novelty store, adult video store,	590
adult cabaret, adult motion picture theater, adult theater, nude	591
or seminude model studio, or sexual encounter establishment. An	592
establishment in which a medical practitioner, psychologist,	593
psychiatrist, or similar professional person licensed by the state	594
engages in medically approved and recognized therapy, including,	595
but not limited to, massage therapy, as regulated pursuant to	596
section 4731.15 of the Revised Code, is not an "adult	597
entertainment establishment."	598

(F) "Adult motion picture theater" means a commercial	599
establishment where films, motion pictures, video cassettes,	600
slides, or similar photographic reproductions that are	601
distinguished or characterized by their emphasis upon the	602
exhibition or description of specified sexual activities or	603
specified anatomical areas are regularly shown for any form of	604
consideration.	605

(G) "Adult theater" means a theater, concert hall,	606
auditorium, or similar commercial establishment that, for any form	607
of consideration, regularly features persons who appear in a state	608
of nudity or seminudity or live performances that are	609
characterized by their emphasis upon the exposure of specified	610
anatomical areas or specified sexual activities.	611

(H) "Distinguished or characterized by their emphasis upon"	612
means the dominant or principal character and theme of the object	613
described by this phrase. For instance, when the phrase refers to	614
films "that are distinguished or characterized by their emphasis	615
upon the exhibition or description of specified sexual activities	616
or specified anatomical areas," the films so described are those	617
whose dominant or principal character and theme are the exhibition	618
or description of specified sexual activities or specified	619
anatomical areas.	620

(I)(1) "Nude or seminude model studio" means any place where	621
a person, who regularly appears in a state of nudity or	622
seminudity, is provided for money or any other form of	623
consideration to be observed, sketched, drawn, painted,	624
sculptured, photographed, or similarly depicted by other persons.	625

(2) A modeling class or studio is not a nude or seminude	626
model studio and is not subject to this chapter if it is operated	627
in any of the following ways:	628

(a) By a college or university supported entirely or partly	629
by taxation;	630

(b) By a private college or university that maintains and	631
operates educational programs, the credits for which are	632
transferable to a college or university supported entirely or	633
partly by taxation;	634

(c) In a structure to which all of the following apply:

635

(i) It has no sign visible from the exterior of the structure	636
and no other advertising indicating that a person appearing in a	637
state of nudity or seminudity is available for viewing.	638

(ii) In order to participate in a class in the structure, a	639
student must enroll at least three days in advance of the class.	640

(iii) Not more than one nude or seminude model is on the	641
premises at any one time.	642

(J) "Nudity," "nude," or "state of nudity" means the showing	643
of the human male or female genitals, pubic area, vulva, anus,	644
anal cleft, or cleavage with less than a fully opaque covering; or	645
the showing of the female breasts with less than a fully opaque	646
covering of any part of the nipple.	647

(K) "Regularly features" or "regularly shown" means a	648
consistent or substantial course of conduct, such that the films	649
or performances exhibited constitute a substantial portion of the	650
films or performances offered as a part of the ongoing business of	651
the adult entertainment establishment.	652

(L) "Seminude" or "state of seminudity" means a state of	653
dress in which opaque clothing covers not more than the genitals,	654
pubic region, and nipple of the female breast, as well as portions	655
of the body covered by supporting straps or devices.	656

(M)(1) "Sexual encounter establishment" means a business or	657
commercial establishment that, as one of its principal business	658
purposes, offers for any form of consideration a place where	659
either of the following occur:	660

(a) Two or more persons may congregate, associate, or consort	661
for the purpose of engaging in specified sexual activities.	662

(b) Two or more persons appear nude or seminude for the	663
purpose of displaying their nude or seminude bodies for their	664
receipt of consideration or compensation in any type or form.	665

(2) An establishment where a medical practitioner,	666
psychologist, psychiatrist, or similar professional person	667
licensed by the state engages in medically approved and recognized	668
therapy, including, but not limited to, massage therapy, as	669
regulated pursuant to section 4731.15 of the Revised Code, is not	670
a "sexual encounter establishment."	671

(N) "Specified anatomical areas" means the cleft of the	672
buttocks, anus, male or female genitals, or the female breast.	673

(O) "Specified sexual activity" means any of the following:

674

(1) Sex acts, normal or perverted, or actual or simulated,	675
including intercourse, oral copulation, masturbation, or sodomy;	676

(2) Excretory functions as a part of or in connection with	677
any of the activities described in division (O)(1) of this	678
section.	679

Sec. 3768.02. (A) No person knowingly shall allow an	680
individual, including, but not limited to, a patron, customer, or	681
employee, who is under eighteen years of age on the premises of an	682
adult entertainment establishment.	683

(B) No individual who is under eighteen years of age	684
knowingly shall show or give false information concerning the	685
individual's name or age, or other false identification, for the	686
purpose of gaining entrance to an adult entertainment	687
establishment.	688

(C) A person shall not be found guilty of a violation of	689
division (A) of this section if the person raises as an	690
affirmative defense and if the jury or, in a nonjury trial, the	691
court finds the person has established by a preponderance of the	692
evidence, all of the following:	693

(1) The individual gaining entrance to the adult	694
entertainment establishment exhibited to an operator, employee,	695
agent, or independent contractor of the adult entertainment	696
establishment a driver's or commercial driver's license or an	697
identification card issued under sections 4507.50 and 4507.52 of	698
the Revised Code showing that the individual was then at least	699
eighteen years of age.	700

(2) The operator, employee, agent, or independent contractor	701
made a bona fide effort to ascertain the true age of the	702
individual gaining entrance to the adult entertainment	703
establishment by checking the identification presented, at the	704
time of entrance, to ascertain that the description on the	705
identification compared with the appearance of the individual and	706
that the identification had not been altered in any way.	707

(3) The operator, employee, agent, or independent contractor	708
had reason to believe that the individual gaining entrance to the	709
adult entertainment establishment was at least eighteen years of	710
age.	711

(D) In any criminal action in which the affirmative defense	712
described in division (C) of this section is raised, the registrar	713
of motor vehicles or the deputy registrar who issued a driver's or	714
commercial driver's license or an identification card under	715
sections 4507.50 and 4507.52 of the Revised Code shall be	716
permitted to submit certified copies of the records, in the	717
registrar's or deputy registrar's possession, of the issuance of	718
the license or identification card in question, in lieu of the	719
testimony of the personnel of the bureau of motor vehicles in the	720
action.	721

Sec. 3768.03. No adult entertainment establishment shall be	722
open for business at any time before ten a.m. or after eleven	723
p.m., except that an adult entertainment establishment that holds	724
a liquor permit pursuant to Chapter 4303. of the Revised Code may	725
remain open pursuant to the terms of the permit but may not	726
conduct adult entertainment during the hours granted by the permit	727
that are before ten a.m. or after eleven p.m. except for	728
performances by persons who appear in a state of seminudity and	729
not in a state of nudity.	730

Sec. 3768.04. The following requirements shall apply to an	731
adult entertainment establishment that regularly features persons	732
who appear in a state of nudity or seminudity or that regularly	733
features live performances characterized by their emphasis upon	734
the display or simulation of specified sexual activities:	735

(A) No person, while nude or seminude, knowingly shall do any	736
of the following:	737

(1) Appear in the view of any patron, customer, or client	738
unless the person remains at least six feet from the patron,	739
customer, or client and on a stage at least two feet above the	740
floor;	741

(2) Receive any pay or gratuity directly from any patron,	742
customer, or client;	743

(3) Touch any patron, customer, or client, or the clothing of	744
any patron, customer, or client.	745

(B) No person, while on the premises of this type of adult	746
entertainment establishment, knowingly shall do any of the	747
following:	748

(1) Give any pay or gratuity directly to another person who	749
is nude or seminude;	750

(2) Touch any person while that person is nude or seminude,	751
or touch the clothing or costume of any person while that person	752
is nude or seminude.	753

(C) No owner, manager, agent or designee of an owner or	754
manager, or employee of an adult entertainment establishment shall	755
knowingly permit any person, regardless of whether the person was	756
hired or engaged as an employee or independent contractor, to	757
violate division (A) or (B) of this section.	758

(D) Nothing in this section prohibits a patron, customer, or	759
client from indirectly giving any pay or gratuity to another	760
person who is nude or seminude, such as placing the pay or	761
gratuity in a tip jar.	762

Sec. 3768.05. (A) If an alleged violation of this chapter has	763
occurred or is occurring, the attorney general, the prosecuting	764
attorney of the county, the city director of law, village	765
solicitor, or other similar chief legal officer of the municipal	766
corporation, or the township law director may commence a civil	767
action in the court of common pleas of the county in which the	768
violation has occurred or is occurring for injunctive relief	769
against the person who has violated or is violating this chapter.	770
The court of common pleas has jurisdiction to grant, and shall	771
grant, temporary and permanent injunctive relief upon a showing	772
that the person against whom the action is brought has violated or	773
is violating this chapter.	774

(B) Premises used or occupied for repeated violations of this	775
chapter constitute a nuisance subject to abatement pursuant to	776
sections 3767.01 to 3767.99 of the Revised Code.	777

(C) This chapter does not affect legal or equitable causes of	778
action or remedies, under common law or statute to abate nuisances	779
or prevent the state or any municipal corporation, township, or	780
person from exercising equitable rights under common law or	781
statute to abate nuisances.	782

Sec. 3768.06. Nothing in this chapter preempts or prevents	783
political subdivisions in this state from adopting or enforcing	784
additional lawful and reasonable restrictions, licensing	785
requirements, zoning or other regulations, or other civil or	786
administrative provisions pertaining to the location,	787
configuration, code compliance, or other aspects of the business	788
operations of adult entertainment establishments except that those	789
regulations shall not be in conflict with any provision in Chapter	790
4303. of the Revised Code, or with any rule adopted by the	791
division of liquor control pursuant to that chapter, that	792
regulates establishments that hold a liquor permit.	793

Sec. 3768.99. (A) Whoever violates division (A) of section	794
3768.02, section 3768.03, or section 3768.04 of the Revised Code	795
is guilty of a misdemeanor of the first degree. Each day a person	796
violates any of these divisions constitutes a separate offense.	797

(B) Whoever violates division (B) of section 3768.02 of the	798
Revised Code is guilty of a misdemeanor of the fourth degree.	799

Sec. 4301.25.  (A) The liquor control commission may suspend	800
or revoke any permit issued under this chapter or Chapter 4303. of	801
the Revised Code for the violation of any of the applicable	802
restrictions of either chapter or of any lawful rule of the	803
commission, for other sufficient cause, and for the following	804
causes:	805

(1) Conviction of the holder or the holder's agent or	806
employee for violating division (A) of section 3768.02 of the	807
Revised Code, section 3768.03, or section 3768.04 of the Revised Code, or	808
a section of this chapter or Chapter 4303. of the Revised Code or	809
for a felony;	810

(2) The entry of a judgment pursuant to division (D) or (E)	811
of section 3767.05 of the Revised Code against a permit holder or	812
the holder's agent or employee finding the existence of a nuisance	813
at a liquor permit premises or finding the existence of a nuisance	814
as a result of the operation of a liquor permit premises;	815

(3) Making any false material statement in an application for	816
a permit;	817

(4) Assigning, transferring, or pledging a permit contrary to	818
the rules of the commission;	819

(5) Selling or promising to sell beer or intoxicating liquor	820
to a wholesale or retail dealer who is not the holder of a proper	821
permit at the time of the sale or promise;	822

(6) Failure of the holder of a permit to pay an excise tax	823
together with any penalties imposed by the law relating to that	824
failure and for violation of any rule of the department of	825
taxation in pursuance of the tax and penalties.	826

(B) The liquor control commission shall revoke a permit	827
issued pursuant to this chapter or Chapter 4303. of the Revised	828
Code upon the conviction of the holder of the permit of a	829
violation of division (C)(1) of section 2913.46 of the Revised	830
Code.	831

(C)(1) When the commission considers the length of a	832
suspension of a permit, it may consider the volume of the business	833
of the permit holder, so that the length of the suspension is in	834
proportion to the seriousness of the offense and the permit	835
holder's business in order that the suspension serve as a penalty	836
and a deterrent. Evidence as to the volume of business of the	837
permit holder may be offered by the permit holder or subpoenaed by	838
the commission.	839

(2) When the commission considers the length of a proposed	840
suspension of a permit and the proposed suspension results from an	841
offense that was committed during a compliance check as defined in	842
section 4301.635 of the Revised Code, the commission may consider	843
whether trickery, deceit, or deception was used in the conduct of	844
the compliance check.	845

Section 2. That existing sections 303.02, 503.29, 519.02,	846
2505.08, 2506.01, 2506.02, 2506.03, 2506.04, 2907.01, and 4301.25	847
and sections 503.51, 503.52, 503.53, 503.54, 503.55, 503.56,	848
503.57, 503.58, 503.59, 503.65, and 503.99 of the Revised Code are	849
hereby repealed.	850

Section 3. In enacting sections 3768.01, 3768.02, 3768.03,	851
3768.04, 3768.05, 3768.06, and 3768.99 of the Revised Code, the	852
General Assembly makes the following statement of intent and	853
findings:	854

(A)(1) Adult entertainment establishments require special	855
supervision from the public safety agencies of this state in order	856
to protect and preserve the health, safety, morals, and welfare of	857
the patrons and employees of the businesses as well as the	858
citizens of this state.	859

(2) The General Assembly finds that adult entertainment	860
establishments are frequently used for unlawful sexual activities,	861
including prostitution and sexual liaisons of a casual nature.	862

(3) The concern over sexually transmitted diseases is a	863
legitimate health concern of this state that demands reasonable	864
regulation of adult entertainment establishments in order to	865
protect the health and well-being of the citizens.	866

(4) Minimal regulations are a legitimate and reasonable means	867
of accountability to ensure that operators of adult entertainment	868
establishments comply with reasonable regulations and to ensure	869
that operators do not knowingly allow their establishments to be	870
used as places of illegal sexual activity or solicitation.	871

(5) There is convincing documented evidence that adult	872
entertainment establishments, because of their very nature, have a	873
deleterious effect on both the existing businesses around them and	874
the surrounding residential areas adjacent to them and cause	875
increased crime, particularly in the overnight hours, and the	876
downgrading of property values.	877

(6) The General Assembly desires to minimize and control	878
these adverse effects and by minimizing and controlling these	879
adverse effects to protect the health, safety, and welfare of the	880
citizenry; protect the citizens from increased crime; preserve the	881
quality of life; preserve the property values and character of	882
surrounding neighborhoods; and deter the spread of urban blight.	883

(7) The General Assembly has determined that local zoning and	884
other locational criteria alone do not adequately protect the	885
health, safety, and general welfare of the people of this state.	886

(8) It is not the intent of the General Assembly in enacting	887
this chapter to suppress any speech activities protected by the	888
First Amendment but to enact a content-neutral statute that	889
addresses the secondary effects of adult entertainment	890
establishments.	891

(9) It is not the intent of the General Assembly to condone	892
or legitimize the distribution of obscene material, and the	893
General Assembly recognizes that state and federal law prohibits	894
the distribution of obscene materials and expects and encourages	895
state law enforcement officials to enforce state obscenity	896
statutes against any such illegal activities in this state.	897

(B) It is the intent of the General Assembly in enacting	898
Chapter 3768. of the Revised Code to regulate adult entertainment	899
establishments in order to promote the health, safety, morals, and	900
general welfare of the citizens of this state and to establish	901
reasonable and uniform regulations to prevent the deleterious	902
secondary effects of adult entertainment establishments within	903
this state. The provisions of Chapter 3768. of the Revised Code	904
have neither the purpose nor effect of imposing a limitation or	905
restriction on the content of any communicative materials,	906
including sexually oriented materials. Similarly, it is not the	907
intent nor effect of the General Assembly in enacting Chapter	908
3768. of the Revised Code to restrict or deny access by adults to	909
sexually oriented materials protected by the First Amendment, or	910
to deny access by the distributors and exhibitors of adult	911
entertainment and adult materials to their intended market.	912
Neither is it the intent nor effect of the General Assembly in	913
enacting Chapter 3768. of the Revised Code to condone or	914
legitimize the distribution or exhibition of obscene material.	915

(C) Based on evidence concerning the adverse secondary	916
effects of adult uses on communities presented in hearings and in	917
reports made available to the legislature and on findings	918
incorporated in the cases of City of Littleton, Colorado v. Z.J.	919
Gifts D-4, L.L.C. (2004), 541 U.S. 774, City of Erie v. Pap's	920
A.M. (2000), 529 U.S. 277; Barnes v. Glen Theatre, Inc. (1991),	921
501 U.S. 560; City of Renton v. Playtime Theatres, Inc. (1986),	922
475 U.S. 41; Young v. American Mini Theatres (1976), 426 U.S. 50;	923
California v. LaRue (1972), 409 U.S. 109; DLS, Inc. v. City of	924
Chattanooga (6th Cir. 1997) 107 F.3d 403; East Brooks Books, Inc.	925
v. City of Memphis, (6th Cir. 1995), 48 F.3d 220; Harris v.	926
Fitchville Township Trustees (N.D. Ohio 2000), 99 F. Supp.2d 837;	927
Bamon Corp. v. City of Dayton (S.D. Ohio 1990), 730 F. Supp. 90,	928
aff'd (6th Cir. 1991), 923 F.2d 470; Broadway Books v. Roberts	929
(E.D. Tenn. 1986), 642 F. Supp. 486; Bright Lights, Inc. v. City	930
of Newport (E.D. Ky. 1993), 830 F. Supp. 378; Richland Bookmart v.	931
Nichols (6th Cir. 1998), 137 F.3d 435; Deja Vu v. Metro Government	932
(6th Cir. 1999), 1999 U.S. App. LEXIS 535; Threesome Entertainment	933
v. Strittmather (N.D. Ohio 1998), 4 F.Supp.2d 710; J.L. Spoons,	934
Inc. v. City of Brunswick (N.D. Ohio 1999), 49 F. Supp.2d 1032;	935
Triplett Grille, Inc. v. City of Akron (6th Cir. 1994) 40 F.3d	936
129; Nightclubs, Inc. v. City of Paducah (6th Cir. 2000), 202 F.3d	937
884; O'Connor v. City and County of Denver (10th Cir. 1990), 894	938
F.2d 1210; Deja Vu of Nashville, Inc., et al. v. Metropolitan	939
Government of Nashville and Davidson County (6th Cir. 2001), 2001	940
U.S. App. LEXIS 26007; State of Ohio ex rel. Rothal v. Smith (Ohio	941
C.P. 2002), Summit C.P. No. CV 01094594; Z.J. Gifts D-2, L.L.C. v.	942
City of Aurora (10th Cir. 1998), 136 F.3d 683; Connection Distrib.	943
Co. v. Reno (6th Cir. 1998), 154 F.3d 281; Sundance Assocs. v.	944
Reno (10th Cir. 1998), 139 F.3d 804; American Library Association	945
v. Reno (D.C. Cir. 1994), 33 F.3d 78; American Target Advertising,	946
Inc. v. Giani (10th Cir. 2000), 199 F.3d 1241; and other cases and	947
on reports of secondary effects occurring in and around adult	948
entertainment establishments in Phoenix, Arizona (1984);	949
Minneapolis, Minnesota (1980); Houston, Texas (1983);	950
Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden	951
Grove, California (1991); Los Angeles, California (1977);	952
Whittier, California (1978); Austin, Texas (1986); Seattle,	953
Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio	954
(1977); Dallas, Texas (1997); St. Croix County, Wisconsin (1993);	955
Bellevue, Washington (1998); Newport News, Virginia (1996);	956
Tucson, Arizona (1990); St. Paul, Minnesota (1988); Oklahoma City,	957
Oklahoma (1986 and 1992); Beaumont, Texas (1982); New York, New	958
York (1994); Ellicottville, New York (1998); Des Moines, Iowa	959
(1984); Islip, New York (1980); Adams County, Colorado (1987);	960
Manatee County, Florida (1987); New Hanover County, North Carolina	961
(1989); Las Vegas, Nevada (1978); Cattaraugas County, New York	962
(1998); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso,	963
Texas (1986); New York Times Square study (1994); Report to ACLJ	964
on the Secondary Impacts of Sex Oriented Businesses (1996); the	965
findings from the Report of the Attorney General's Working Group	966
On The Regulation Of Sexually Oriented Businesses (June 6, 1989,	967
State of Minnesota); and on testimony to Congress in 136 Cong.	968
Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636, 134	969
Cong. Rec. E. 3750; and also on findings from the paper entitled	970
"Stripclubs According to Strippers: Exposing Workplace Sexual	971
Violence," by Kelly Holsopple, Program Director, Freedom and	972
Justice Center for Prostitution Resources, Minneapolis, Minnesota;	973
and from "Sexually Oriented Businesses: An Insider's View," by	974
David Sherman, presented to the Michigan House Committee on Ethics	975
and Constitutional Law, Jan. 12, 2000; and from various other	976
police reports, testimony, newspaper reports, and other	977
documentary evidence, the General Assembly finds:	978

(1) Adult entertainment establishments lend themselves to	979
ancillary unlawful and unhealthy activities that are presently	980
uncontrolled by the operators of the establishments. Further,	981
there is presently no statewide mechanism to make the owners of	982
these establishments responsible for the activities that occur on	983
their premises.	984

(2) Certain employees of adult entertainment establishments,	985
as defined in section 3768.01 of the Revised Code as adult	986
theaters and cabarets, engage in a higher incidence of certain	987
types of illicit sexual behavior than employees of other	988
establishments.	989

(3) Sexual acts, including masturbation and oral and anal	990
sex, occur at adult entertainment establishments, especially those	991
that provide private or semiprivate booths or cubicles for viewing	992
films, videos, or live sex shows. The "couch dances" or "lap	993
dances" that frequently occur in adult entertainment	994
establishments featuring live nude or seminude dancers constitute	995
or may constitute the offense of "engaging in prostitution" under	996
section 2907.25 of the Revised Code.	997

(4) Offering and providing such space encourages such	998
activities, which creates unhealthy conditions.	999

(5) Persons frequent certain adult theaters, adult arcades,	1000
and other adult entertainment establishments for the purpose of	1001
engaging in sexual activity within the premises of those adult	1002
entertainment establishments.	1003

(6) Numerous communicable diseases may be spread by	1004
activities occurring in sexually oriented businesses, including,	1005
but not limited to, syphilis, gonorrhea, human immunodeficiency	1006
virus infection (HIV-AIDS), genital herpes, hepatitis salmonella,	1007
campylobacter and shigella infections, chlamydial, myoplasmal and	1008
ureoplasmal infections, trichomoniasis, and chancroid.	1009

(7) Since 1981 and to the present, there has been an	1010
increasing cumulative number of reported cases of AIDS caused by	1011
the human immunodeficiency virus (HIV) in the United States: 600	1012
in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985, and 253,448	1013
through December 31, 1992.	1014

(8) A total of 10,255 AIDS cases had been reported in Ohio as	1015
of January 1999. Ohio has required HIV case reporting since 1990,	1016
and the reported information shows 7,969 people living with (HIV)	1017
(4,213) and (AIDS) (3,756) in the state.	1018

(9) Since 1981 and to the present, there have been an	1019
increasing cumulative number of persons testing positive for the	1020
HIV antibody test in Ohio.	1021

(10) The number of cases of early (less than one year)	1022
syphilis in the Unites States reported annually has risen. 33,613	1023
cases were reported in 1982, and 45,200 cases were reported	1024
through November 1990.	1025

(11) The number of cases of gonorrhea in the United States	1026
reported annually remains at a high level, with over one-half	1027
million cases being reported in 1990.	1028

(12) The Surgeon General of the United States in his report	1029
of October 22, 1986, has advised the American public that AIDS and	1030
HIV infection may be transmitted through sexual contact,	1031
intravenous drug abuse, and exposure to infected blood and blood	1032
components, and from an infected mother to her newborn.	1033

(13) According to the best scientific evidence, AIDS and HIV	1034
infection, as well as syphilis and gonorrhea, are principally	1035
transmitted by sexual acts.	1036

(14) Sanitary conditions in some adult entertainment	1037
establishments are unhealthy, in part, because the activities	1038
conducted there are unhealthy, and, in part, because of the	1039
unregulated nature of the activities and the failure of the owners	1040
and the operators of the facilities to self-regulate those	1041
activities and maintain those facilities.	1042

(15) The findings noted in divisions (C)(1) to (14) of this	1043
section raise substantial governmental concerns.	1044

(16) Adult entertainment establishments have operational	1045
characteristics that should be reasonably regulated in order to	1046
protect those substantial governmental concerns.	1047

(17) The enactment of Chapter 3768. of the Revised Code will	1048
promote the general welfare, health, morals, and safety of the	1049
citizens of this state.	1050