As Passed by the Senate

126th General Assembly Regular Session 2005-2006

Am. Sub. 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 

Senators Schuring, Prentiss, Zurz, Roberts, Fedor, Hottinger, Austria, Jacobson, Harris, Amstutz, Cates, Clancy, Dann, Gardner, Goodman, Kearney, Miller, R., Niehaus, Schuler, Wachtmann, Grendell 

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A BILL

To amend sections 303.02, 309.09, 503.29, 504.04,

1

504.15, 519.02, 1901.182, 1901.31, 1907.012,

2

1907.20, 2151.022, 2152.02, 2505.08, 2506.01,

3

2506.02, 2506.03, 2506.04, 2907.01, and 4301.25,

4

to amend, for the purpose of adopting a new

5

section number as indicated in parentheses,

6

section 503.29 (503.53), to enact new sections

7

503.51 and 503.52 and sections 2506.05, 2506.06,

8

2506.07, 2506.08, 2907.38, and 2907.39, and to

9

repeal sections 503.51, 503.52, 503.53, 503.54,

10

503.55, 503.56, 503.57, 503.58, 503.59, 503.65,

11

and 503.99 of the Revised Code to grant townships

12

full authority to exercise all powers of local

13

self-government regarding the operation of adult

14

entertainment establishments and to adopt by

15

resolution and enforce within their limits any

16

local police, sanitary, and similar regulations

17

regarding the operation of adult entertainment

18

establishments that are not in conflict with

19

general laws; to require the prosecuting attorney,

20

upon the request of any township that has adopted

21

any resolution of that nature and on behalf of the

22

township, to prosecute and defend on behalf of the

23

township in the trial and argument of any

24

challenge to the validity of the resolution or to

25

prosecute and defend on behalf of the township

26

actions for injunction or nuisance abatement

27

regarding violations of the resolution; to create

28

an expedited appeal from orders, adjudications, or

29

decisions denying an application for, or

30

suspending or revoking, a license or permit to

31

locate or operate such an establishment; to create

32

an expedited appeal in any case in which a court

33

determines there is a threat of restraint of

34

protected expression; and to create the offenses

35

of permitting unlawful operation of viewing booths

36

depicting sexual conduct, permitting a juvenile on

37

the premises of an adult entertainment

38

establishment, and use by a juvenile of false

39

information to enter an adult entertainment

40

establishment.

41

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

Section 1. That sections 303.02, 309.09, 503.29, 504.04,	42
504.15, 519.02, 1901.182, 1901.31, 1907.012, 1907.20, 2151.022,	43
2152.02, 2505.08, 2506.01, 2506.02, 2506.03, 2506.04, 2907.01, and	44
4301.25 be amended, section 503.29 (503.53) be amended for the	45
purpose of adopting a new section number as indicated in	46
parentheses, and new sections 503.51 and 503.52 and sections	47
2506.05, 2506.06, 2506.07, 2506.08, 2907.38, and 2907.39 of the	48
Revised Code be enacted to read as follows:	49

Sec. 303.02. (A) Except as otherwise provided in this	50
section, in the interest of the public health and safety, the	51
board of county commissioners may regulate by resolution, in	52
accordance with a comprehensive plan, the location, height, bulk,	53
number of stories, and size of buildings and other structures,	54
including tents, cabins, and trailer coaches, percentages of lot	55
areas that may be occupied, set back building lines, sizes of	56
yards, courts, and other open spaces, the density of population,	57
the uses of buildings and other structures, including tents,	58
cabins, and trailer coaches, and the uses of land for trade,	59
industry, residence, recreation, or other purposes in the	60
unincorporated territory of the county. Except as otherwise	61
provided in this section, in the interest of the public	62
convenience, comfort, prosperity, or general welfare, the board,	63
by resolution, in accordance with a comprehensive plan, may	64
regulate the location of, set back lines for, and the uses of	65
buildings and other structures, including tents, cabins, and	66
trailer coaches, and the uses of land for trade, industry,	67
residence, recreation, or other purposes in the unincorporated	68
territory of the county, and may establish reasonable landscaping	69
standards and architectural standards excluding exterior building	70
materials in the unincorporated territory of the county. Except as	71
otherwise provided in this section, in the interest of the public	72
convenience, comfort, prosperity, or general welfare, the board	73
may regulate by resolution, in accordance with a comprehensive	74
plan, for nonresidential property only, the height, bulk, number	75
of stories, and size of buildings and other structures, including	76
tents, cabins, and trailer coaches, percentages of lot areas that	77
may be occupied, sizes of yards, courts, and other open spaces,	78
and the density of population in the unincorporated territory of	79
the county. For all these purposes, the board may divide all or	80
any part of the unincorporated territory of the county into	81
districts or zones of such number, shape, and area as the board	82
determines. All such regulations shall be uniform for each class	83
or kind of building or other structure or use throughout any	84
district or zone, but the regulations in one district or zone may	85
differ from those in other districts or zones.	86

For any activities permitted and regulated under Chapter	87
1513. or 1514. of the Revised Code and any related processing	88
activities, the board of county commissioners may regulate under	89
the authority conferred by this section only in the interest of	90
public health or safety.	91

(B) A board of county commissioners that pursuant to this	92
chapter regulates adult entertainment establishments, as defined	93
in section 2907.39 of the Revised Code, may modify its	94
administrative zoning procedures with regard to adult	95
entertainment establishments as the board determines necessary to	96
ensure that the procedures comply with all applicable	97
constitutional requirements.	98

Sec. 309.09.  (A) The prosecuting attorney shall be the legal	99
adviser of the board of county commissioners, board of elections,	100
and all other county officers and boards, including all	101
tax-supported public libraries, and any of them may require	102
written opinions or instructions from the prosecuting attorney in	103
matters connected with their official duties. The prosecuting	104
attorney shall prosecute and defend all suits and actions which	105
any such officer or board directs or to which it is a party, and	106
no county officer may employ any other counsel or attorney at the	107
expense of the county, except as provided in section 305.14 of the	108
Revised Code.	109

(B)(1) The prosecuting attorney shall be the legal adviser	110
for all township officers, boards, and commissions, unless,	111
subject to division (B)(2) of this section, the township has	112
adopted a limited home rule government pursuant to Chapter 504. of	113
the Revised Code and has not entered into a contract to have the	114
prosecuting attorney serve as the township law director, in which	115
case, subject to division (B)(2) of this section, the township law	116
director, whether serving full-time or part-time, shall be the	117
legal adviser for all township officers, boards, and commissions.	118
When the board of township trustees finds it advisable or	119
necessary to have additional legal counsel, it may employ an	120
attorney other than the township law director or the prosecuting	121
attorney of the county, either for a particular matter or on an	122
annual basis, to represent the township and its officers, boards,	123
and commissions in their official capacities and to advise them on	124
legal matters. No such legal counsel may be employed, except on	125
the order of the board of township trustees, duly entered upon its	126
journal, in which the compensation to be paid for the legal	127
services shall be fixed. The compensation shall be paid from the	128
township fund.	129

Nothing in this division confers any of the powers or duties	130
of a prosecuting attorney under section 309.08 of the Revised Code	131
upon a township law director.	132

(2)(a) If any township in the county served by the	133
prosecuting attorney has adopted any resolution regarding the	134
operation of adult entertainment establishments pursuant to the	135
authority that is granted under section 503.52 of the Revised Code	136
or if a resolution of that nature has been adopted under section	137
503.53 of the Revised Code in a township in the county served by	138
the prosecuting attorney, all of the following apply:	139

(i) Upon the request of a township in the county that has	140
adopted, or in which has been adopted, a resolution of that nature	141
that is made pursuant to division (E)(1)(c) of section 503.52 of	142
the Revised Code, the prosecuting attorney shall prosecute and	143
defend on behalf of the township in the trial and argument in any	144
court or tribunal of any challenge to the validity of the	145
resolution. If the challenge to the validity of the resolution is	146
before a federal court, the prosecuting attorney may request the	147
attorney general to assist the prosecuting attorney in prosecuting	148
and defending the challenge and, upon the prosecuting attorney's	149
making of such a request, the attorney general shall assist the	150
prosecuting attorney in performing that service if the resolution	151
was drafted in accordance with legal guidance provided by the	152
attorney general as described in division (B)(2) of section 503.52	153
of the Revised Code. The attorney general shall provide this	154
assistance without charge to the township for which the service is	155
performed. If a township adopts a resolution without the legal	156
guidance of the attorney general, the attorney general is not	157
required to provide assistance as described in this division to a	158
prosecuting attorney.	159

(ii) Upon the request of a township in the county that has	160
adopted, or in which has been adopted, a resolution of that nature	161
that is made pursuant to division (E)(1)(a) of section 503.52 of	162
the Revised Code, the prosecuting attorney shall prosecute and	163
defend on behalf of the township a civil action to enjoin the	164
violation of the resolution in question.	165

(iii) Upon the request of a township in the county that has	166
adopted, or in which has been adopted, a resolution of that nature	167
that is made pursuant to division (E)(1)(b) of section 503.52 of	168
the Revised Code, the prosecuting attorney shall prosecute and	169
defend on behalf of the township a civil action under Chapter	170
3767. of the Revised Code to abate as a nuisance the place in the	171
unincorporated area of the township at which the resolution is	172
being or has been violated. Proceeds from the sale of personal	173
property or contents seized pursuant to the action shall be	174
applied and deposited in accordance with division (E)(1)(b) of	175
section 503.52 of the Revised Code.	176

(b) The provisions of division (B)(2)(a) of this section	177
apply regarding all townships, including townships that have	178
adopted a limited home rule government pursuant to Chapter 504. of	179
the Revised Code, and regardless of whether a township that has so	180
adopted a limited home rule government has entered into a contract	181
with the prosecuting attorney as described in division (B) of	182
section 504.15 of the Revised Code or has appointed a law director	183
as described in division (A) of that section.	184

The prosecuting attorney shall prosecute and defend in the	185
actions and proceedings described in division (B)(2)(a) of this	186
section without charge to the township for which the services are	187
performed.	188

(C) Whenever the board of county commissioners employs an	189
attorney other than the prosecuting attorney of the county,	190
without the authorization of the court of common pleas as provided	191
in section 305.14 of the Revised Code, either for a particular	192
matter or on an annual basis, to represent the board in its	193
official capacity and to advise it on legal matters, the board	194
shall enter upon its journal an order of the board in which the	195
compensation to be paid for the legal services shall be fixed. The	196
compensation shall be paid from the county general fund. The total	197
compensation paid, in any year, by the board for legal services	198
under this division shall not exceed the total annual compensation	199
of the prosecuting attorney for that county.	200

(D) The prosecuting attorney and the board of county	201
commissioners jointly may contract with a board of park	202
commissioners under section 1545.07 of the Revised Code for the	203
prosecuting attorney to provide legal services to the park	204
district the board of park commissioners operates.	205

(E) The prosecuting attorney may be, in the prosecuting	206
attorney's discretion and with the approval of the board of county	207
commissioners, the legal adviser of a joint fire district created	208
under section 505.371 of the Revised Code at no cost to the	209
district or may be the legal adviser to the district under a	210
contract that the prosecuting attorney and the district enter	211
into, and that the board of county commissioner approves, to	212
authorize the prosecuting attorney to provide legal services to	213
the district.	214

(F) The prosecuting attorney may be, in the prosecuting	215
attorney's discretion and with the approval of the board of county	216
commissioners, the legal adviser of a joint ambulance district	217
created under section 505.71 of the Revised Code at no cost to the	218
district or may be the legal adviser to the district under a	219
contract that the prosecuting attorney and the district enter	220
into, and that the board of county commissioners approves, to	221
authorize the prosecuting attorney to provide legal services to	222
the district.	223

(G) The prosecuting attorney may be, in the prosecuting	224
attorney's discretion and with the approval of the board of county	225
commissioners, the legal adviser of a joint emergency medical	226
services district created under section 307.052 of the Revised	227
Code at no cost to the district or may be the legal adviser to the	228
district under a contract that the prosecuting attorney and the	229
district enter into, and that the board of county commissioners	230
approves, to authorize the prosecuting attorney to provide legal	231
services to the district.	232

(H) The prosecuting attorney may be, in the prosecuting	233
attorney's discretion and with the approval of the board of county	234
commissioners, the legal adviser of a fire and ambulance district	235
created under section 505.375 of the Revised Code at no cost to	236
the district or may be the legal adviser to the district under a	237
contract that the prosecuting attorney and the district enter	238
into, and that the board of county commissioners approves, to	239
authorize the prosecuting attorney to provide legal services to	240
the district.	241

(I) All money received pursuant to a contract entered into	242
under division (D), (E), (F), (G), or (H) of this section shall be	243
deposited into the prosecuting attorney's legal services fund,	244
which shall be established in the county treasury of each county	245
in which such a contract exists. Moneys in that fund may be	246
appropriated only to the prosecuting attorney for the purpose of	247
providing legal services to a park district, joint fire district,	248
joint ambulance district, joint emergency medical services	249
district, or a fire and ambulance district, as applicable, under a	250
contract entered into under the applicable division.	251

Sec. 503.51. As used in sections 503.51 to 503.53 of the	252
Revised Code, "adult arcade," "adult bookstore," "adult novelty	253
store," "adult video store," "adult cabaret," "adult entertainment	254
establishment," "adult motion picture theater," "adult theater,"	255
"distinguished or characterized by their emphasis upon," "nude or	256
seminude model studio," "nudity," "nude," "state of nudity,"	257
"regularly features," "regularly shown," "seminude," "state of	258
seminudity," "sexual encounter establishment," "specified	259
anatomical areas," and "specified sexual activity" have the same	260
meanings as in section 2907.39 of the Revised Code.	261

Sec. 503.52. (A) Townships have authority to exercise all	262
powers of local self-government regarding the operation of adult	263
entertainment establishments within their limits and to adopt and	264
enforce within their limits any local police, sanitary, and	265
similar regulations regarding the operation of adult entertainment	266
establishments that are not in conflict with general laws. The	267
regulations may include, but are not limited to, antinudity	268
restrictions, limitations on hours of operation, interior	269
configuration requirements, and requirements that adult	270
entertainment establishments and their employees obtain licenses	271
or permits to operate as or to be employed by an adult	272
entertainment establishment. The authority granted under this	273
division shall be exercised by the adoption of resolutions and may	274
include the adoption of resolutions that create one or more	275
criminal offenses and impose criminal penalties related to the	276
operation of adult entertainment establishments or may provide for	277
civil sanction for violations of regulations established under the	278
resolutions. Townships have the same rights, powers, and duties	279
pursuant to the authority granted under this division as municipal	280
corporations have under Section 3, Article XVIII, Ohio	281
Constitution relative to their authority to exercise powers of	282
local self-government and to adopt and enforce within their limits	283
local police, sanitary, and similar regulations, except to the	284
extent that the rights, powers, and duties that the municipal	285
corporations have by their nature clearly are inapplicable to	286
townships and to the exercise by townships of their authority	287
granted under this division. No regulation adopted under authority	288
of this division shall be in conflict with any provision in	289
Chapter 4303. of the Revised Code, or with any rule adopted by the	290
division of liquor control pursuant to that chapter, that	291
regulates establishments that hold a liquor permit.	292

(B)(1) The authority of a township granted under division (A)	293
of this section applies to all townships. If a township has	294
adopted a limited home rule government pursuant to Chapter 504. of	295
the Revised Code, the authority granted under division (A) of this	296
section is in addition to the powers and authority granted to the	297
township under Chapter 504. of the Revised Code.	298

(2) Upon the request of any township, the attorney general	299
shall provide legal guidance and assistance to the township in	300
developing, formulating, and drafting a resolution regarding the	301
operation of adult entertainment establishments of a type	302
described in division (A) of this section. The attorney general	303
shall provide this service without charge to the township for	304
which the service is performed.	305

(C) In case of conflict between any resolution enacted by a	306
board of township trustees under the authority granted under	307
division (A) of this section and a municipal ordinance or	308
resolution, the ordinance or resolution enacted by the municipal	309
corporation prevails. In case of conflict between any resolution	310
enacted by a board of township trustees under the authority	311
granted under division (A) of this section and a county	312
resolution, the resolution enacted by the board of township	313
trustees prevails.	314

(D) All proceeds from criminal and civil sanctions for	315
violation of a regulation established by a township under a	316
resolution adopted under division (A) of this section that are	317
paid to the township shall be applied initially to the payment of	318
costs incurred in the prosecution and enforcement of the	319
resolution, including, but not limited to, court costs, reasonable	320
attorney's fees, and other litigation expenses incurred by the	321
county or township.	322

(E)(1)(a) When it appears that a resolution adopted under	323
division (A) of this section or section 503.53 of the Revised Code	324
is being or is about to be violated, the township in which the	325
violation is taking place may request the prosecuting attorney of	326
the county in which the township is located to prosecute and	327
defend on behalf of the township a civil action to enjoin the	328
violation. If the township does not request the prosecuting	329
attorney to prosecute and defend an action to enjoin the	330
violation, the legal counsel of that township, if other than the	331
prosecuting attorney, may prosecute and defend a civil action to	332
enjoin the violation.	333

(b) A township may request the prosecuting attorney of the	334
county in which the township is located to prosecute and defend on	335
behalf of the township a civil action under Chapter 3767. of the	336
Revised Code to abate as a nuisance any place in the	337
unincorporated area of the township at which a resolution adopted	338
under division (A) of this section or section 503.53 of the	339
Revised Code is being or has been violated. If the township does	340
not request the prosecuting attorney to prosecute and defend an	341
action under that chapter, the legal counsel of the township, if	342
other than the prosecuting attorney, may prosecute and defend an	343
action under that chapter for that purpose. All proceeds from the	344
sale of personal property or contents seized pursuant to the	345
action shall be applied initially to the payment of costs incurred	346
in the prosecution of the action and the costs associated with the	347
abatement and sale ordered under division (A) of section 3767.06	348
of the Revised Code, including, but not limited to, court costs,	349
reasonable attorney's fees, and other litigation expenses incurred	350
by the county or township. Any proceeds remaining after that	351
initial application shall be deposited into the township treasury	352
and credited to the general fund.	353

(c) If a township has adopted one or more resolutions	354
regarding the operation of adult entertainment establishments	355
pursuant to the authority that is granted under division (A) of	356
this section or if a township resolution of that nature has been	357
adopted under section 503.53 of the Revised Code and the validity	358
of the resolution is challenged, the township may request the	359
prosecuting attorney of the county in which the township is	360
located to prosecute and defend on behalf of the township in the	361
trial and argument in any court or tribunal of the challenge to	362
the validity of the resolution.	363

(2) Division (E)(1) of this section applies regarding all	364
townships, including townships that have adopted a limited home	365
rule government pursuant to Chapter 504. of the Revised Code and	366
regardless of whether a township that has so adopted a limited	367
home rule government has entered into a contract with the	368
prosecuting attorney as described in division (B) of section	369
504.15 of the Revised Code or has appointed a law director as	370
described in division (A) of that section.	371

Upon the request of any township in the county served by the	372
prosecuting attorney made pursuant to division (E)(1)(a), (b), or	373
(c) of this section, the prosecuting attorney shall prosecute and	374
defend in the action or proceeding as requested, as specified in	375
division (B)(2) of section 309.09 of the Revised Code, without	376
charge to the township for which the service is performed.	377

If a prosecuting attorney is prosecuting and defending a	378
challenge to the validity of a resolution of a township pursuant	379
to a request made pursuant to division (E)(1)(c) of this section	380
and if the challenge is before a federal court, the prosecuting	381
attorney may request the attorney general to assist the	382
prosecuting attorney in prosecuting and defending the challenge,	383
and, upon the prosecuting attorney's making of such a request, the	384
attorney general shall assist the prosecuting attorney in	385
performing that service if the resolution was drafted in	386
accordance with legal guidance provided by the attorney general as	387
described in division (B)(2) of this section. The attorney general	388
shall provide this assistance without charge to the township for	389
which the service is performed. If a township adopts a resolution	390
without the legal guidance of the attorney general, the attorney	391
general is not being required to provide assistance as described	392
in this division to a prosecuting attorney.	393

Sec. 503.29.        Sec. 503.53. (A) Resolutions of the type described in	394
division (B)(A) of section 503.65503.52 of the Revised Code may	395
be proposed by initiative petition by the electors of a township	396
and adopted by election by these electors, under the same	397
circumstances, in the same manner, and subject to the same	398
penalties as provided in sections 731.28 to 731.40 and section	399
731.99 of the Revised Code for ordinances and other measures of	400
municipal corporations, insofar as those sections are applicable	401
to townships, except as follows:	402

(A)(1) The board of township trustees shall perform the	403
duties imposed on the legislative authority of the municipal	404
corporation under those sections.	405

(B)(2) Initiative petitions shall be filed with the township	406
fiscal officer, who shall perform the duties imposed under those	407
sections upon the city auditor or village clerk.	408

(C)(3) Initiative petitions shall contain the signatures of	409
electors of the township equal in number to at least ten per cent	410
of the total vote cast in the township for the office of governor	411
at the most recent general election for that office.	412

(D)(4) Each signer of an initiative petition shall be an	413
elector of the township in which the election on the proposed	414
resolution is to be held.	415

(B) A resolution proposed under division (A) of this section	416
may provide for the following:	417

(1) Modification of the administrative procedures, including	418
administrative zoning procedures, of the township as those	419
procedures apply to adult entertainment establishments to ensure	420
that constitutional requirements are met;	421

(2) Criminal and civil sanctions for adult entertainment	422
establishments that violate regulations established by the	423
resolution.	424

Sec. 504.04.  (A) A township that adopts a limited home rule	425
government may do all of the following by resolution, provided	426
that any of these resolutions, other than a resolution to supply	427
water or sewer services in accordance with sections 504.18 to	428
504.20 of the Revised Code, may be enforced only by the imposition	429
of civil fines as authorized in this chapter:	430

(1) Exercise all powers of local self-government within the	431
unincorporated area of the township, other than powers that are in	432
conflict with general laws, except that the township shall comply	433
with the requirements and prohibitions of this chapter, and shall	434
enact no taxes other than those authorized by general law, and	435
except that no resolution adopted pursuant to this chapter shall	436
encroach upon the powers, duties, and privileges of elected	437
township officers or change, alter, combine, eliminate, or	438
otherwise modify the form or structure of the township government	439
unless the change is required or permitted by this chapter;	440

(2) Adopt and enforce within the unincorporated area of the	441
township local police, sanitary, and other similar regulations	442
that are not in conflict with general laws or otherwise prohibited	443
by division (B) of this section;	444

(3) Supply water and sewer services to users within the	445
unincorporated area of the township in accordance with sections	446
504.18 to 504.20 of the Revised Code;	447

(4) Adopt and enforce within the unincorporated area of the	448
township any resolution of a type described in section 503.52 of	449
the Revised Code.	450

(B) No resolution adopted pursuant to this chapter shall do	451
any of the following:	452

(1) Create a criminal offense or impose criminal penalties,	453
except as authorized by division (A) of this section or by section	454
503.52 of the Revised Code;	455

(2) Impose civil fines other than as authorized by this	456
chapter;	457

(3) Establish or revise subdivision regulations, road	458
construction standards, urban sediment rules, or storm water and	459
drainage regulations, except as provided in section 504.21 of the	460
Revised Code;	461

(4) Establish or revise building standards, building codes,	462
and other standard codes except as provided in section 504.13 of	463
the Revised Code;	464

(5) Increase, decrease, or otherwise alter the powers or	465
duties of a township under any other chapter of the Revised Code	466
pertaining to agriculture or the conservation or development of	467
natural resources;	468

(6) Establish regulations affecting hunting, trapping,	469
fishing, or the possession, use, or sale of firearms;	470

(7) Establish or revise water or sewer regulations, except in	471
accordance with section 504.18, 504.19, or 504.21 of the Revised	472
Code.	473

Nothing in this chapter shall be construed as affecting the	474
powers of counties with regard to the subjects listed in divisions	475
(B)(3) to (5) of this section.	476

(C) Under a limited home rule government, all officers shall	477
have the qualifications, and be nominated, elected, or appointed,	478
as provided in Chapter 505. of the Revised Code, except that the	479
board of township trustees shall appoint a full-time or part-time	480
law director pursuant to section 504.15 of the Revised Code, and	481
except that a five-member board of township trustees approved for	482
the township before September 26, 2003, shall continue to serve as	483
the legislative authority with successive members serving for	484
four-year terms of office until a termination of a limited home	485
rule government under section 504.03 of the Revised Code.	486

(D) In case of conflict between resolutions enacted by a	487
board of township trustees and municipal ordinances or	488
resolutions, the ordinance or resolution enacted by the municipal	489
corporation prevails. In case of conflict between resolutions	490
enacted by a board of township trustees and any county resolution,	491
the resolution enacted by the board of township trustees prevails.	492

Sec. 504.15.  (A) Unless the board of township trustees acts	493
as authorized by division (B) of this section, in each township	494
that adopts the limited self-government form of township	495
government, the board of township trustees shall appoint a	496
full-time or part-time township law director, who shall be an	497
attorney licensed to practice law in this state. The board of	498
township trustees shall set the salary of the township law	499
director. The township law director shall be the legal advisor to	500
the board of township trustees, the township administrator, and	501
all other township officers, and any of them may require written	502
opinions or instructions from the township law director in matters	503
connected with their official duties. TheSubject to division (E)	504
of section 503.52 of the Revised Code, the township law director	505
shall prosecute and defend all suits and actions that any such	506
officer or board directs or to which an officer or board is a	507
party, and the township law director shall prosecute any violation	508
of a township resolution, as provided in this chapter. The	509
township law director shall review all resolutions as to form	510
prior to their introduction by a township trustee. Additional	511
legal counsel may be employed as provided in division (B) of	512
section 309.09 of the Revised Code.	513

(B) The board of township trustees may enter into a contract	514
with the prosecuting attorney of the county to have the	515
prosecuting attorney serve as the township law director, with the	516
consent of the board of county commissioners.	517

(C) Nothing in this section confers any of the powers or	518
duties of a prosecuting attorney under section 309.08 of the	519
Revised Code upon a township law director.	520

(D) Nothing in this section limits or affects the operation	521
of division (E) of section 503.52 of the Revised Code.	522

Sec. 519.02. (A) Except as otherwise provided in this	523
section, in the interest of the public health and safety, the	524
board of township trustees may regulate by resolution, in	525
accordance with a comprehensive plan, the location, height, bulk,	526
number of stories, and size of buildings and other structures,	527
including tents, cabins, and trailer coaches, percentages of lot	528
areas that may be occupied, set back building lines, sizes of	529
yards, courts, and other open spaces, the density of population,	530
the uses of buildings and other structures, including tents,	531
cabins, and trailer coaches, and the uses of land for trade,	532
industry, residence, recreation, or other purposes in the	533
unincorporated territory of the township. Except as otherwise	534
provided in this section, in the interest of the public	535
convenience, comfort, prosperity, or general welfare, the board by	536
resolution, in accordance with a comprehensive plan, may regulate	537
the location of, set back lines for, and the uses of buildings and	538
other structures, including tents, cabins, and trailer coaches,	539
and the uses of land for trade, industry, residence, recreation,	540
or other purposes in the unincorporated territory of the township,	541
and may establish reasonable landscaping standards and	542
architectural standards excluding exterior building materials in	543
the unincorporated territory of the township. Except as otherwise	544
provided in this section, in the interest of the public	545
convenience, comfort, prosperity, or general welfare, the board	546
may regulate by resolution, in accordance with a comprehensive	547
plan, for nonresidential property only, the height, bulk, number	548
of stories, and size of buildings and other structures, including	549
tents, cabins, and trailer coaches, percentages of lot areas that	550
may be occupied, sizes of yards, courts, and other open spaces,	551
and the density of population in the unincorporated territory of	552
the township. For all these purposes, the board may divide all or	553
any part of the unincorporated territory of the township into	554
districts or zones of such number, shape, and area as the board	555
determines. All such regulations shall be uniform for each class	556
or kind of building or other structure or use throughout any	557
district or zone, but the regulations in one district or zone may	558
differ from those in other districts or zones.	559

For any activities permitted and regulated under Chapter	560
1513. or 1514. of the Revised Code and any related processing	561
activities, the board of township trustees may regulate under the	562
authority conferred by this section only in the interest of public	563
health or safety.	564

(B) A board of township trustees that pursuant to this	565
chapter regulates adult entertainment establishments, as defined	566
in section 2907.39 of the Revised Code, may modify its	567
administrative zoning procedures with regard to adult	568
entertainment establishments as the board determines necessary to	569
ensure that the procedures comply with all applicable	570
constitutional requirements.	571

Sec. 1901.182.  In addition to other jurisdiction granted a	572
municipal court in the Revised Code, a municipal court has	573
jurisdiction over violations of township resolutions adopted	574
pursuant to section 503.52 or 503.53 or Chapter 504. of the	575
Revised Code. For procedural purposes, a case in which a person	576
is charged with a violation of a township resolution shall be	577
treated as a civil case, except as otherwise provided in the	578
Revised Code and except that a violation of a township resolution	579
that is adopted pursuant to section 503.52 or 503.53 of the	580
Revised Code and that creates a criminal offense or imposes	581
criminal penalties shall be treated as a criminal case.	582

Sec. 1901.31.  The clerk and deputy clerks of a municipal	583
court shall be selected, be compensated, give bond, and have	584
powers and duties as follows:	585

(A) There shall be a clerk of the court who is appointed or	586
elected as follows:	587

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	588
Toledo, Hamilton county, Portage county, and Wayne county	589
municipal courts, if the population of the territory equals or	590
exceeds one hundred thousand at the regular municipal election	591
immediately preceding the expiration of the term of the present	592
clerk, the clerk shall be nominated and elected by the qualified	593
electors of the territory in the manner that is provided for the	594
nomination and election of judges in section 1901.07 of the	595
Revised Code.	596

The clerk so elected shall hold office for a term of six	597
years, which term shall commence on the first day of January	598
following the clerk's election and continue until the clerk's	599
successor is elected and qualified.	600

(b) In the Hamilton county municipal court, the clerk of	601
courts of Hamilton county shall be the clerk of the municipal	602
court and may appoint an assistant clerk who shall receive the	603
compensation, payable out of the treasury of Hamilton county in	604
semimonthly installments, that the board of county commissioners	605
prescribes. The clerk of courts of Hamilton county, acting as the	606
clerk of the Hamilton county municipal court and assuming the	607
duties of that office, shall receive compensation at one-fourth	608
the rate that is prescribed for the clerks of courts of common	609
pleas as determined in accordance with the population of the	610
county and the rates set forth in sections 325.08 and 325.18 of	611
the Revised Code. This compensation shall be paid from the county	612
treasury in semimonthly installments and is in addition to the	613
annual compensation that is received for the performance of the	614
duties of the clerk of courts of Hamilton county, as provided in	615
sections 325.08 and 325.18 of the Revised Code.	616

(c) In the Portage county and Wayne county municipal courts,	617
the clerks of courts of Portage county and Wayne county shall be	618
the clerks, respectively, of the Portage county and Wayne county	619
municipal courts and may appoint a chief deputy clerk for each	620
branch that is established pursuant to section 1901.311 of the	621
Revised Code and assistant clerks as the judges of the municipal	622
court determine are necessary, all of whom shall receive the	623
compensation that the legislative authority prescribes. The clerks	624
of courts of Portage county and Wayne county, acting as the clerks	625
of the Portage county and Wayne county municipal courts and	626
assuming the duties of these offices, shall receive compensation	627
payable from the county treasury in semimonthly installments at	628
one-fourth the rate that is prescribed for the clerks of courts of	629
common pleas as determined in accordance with the population of	630
the county and the rates set forth in sections 325.08 and 325.18	631
of the Revised Code.	632

(d) Except as otherwise provided in division (A)(1)(d) of	633
this section, in the Akron municipal court, candidates for	634
election to the office of clerk of the court shall be nominated by	635
primary election. The primary election shall be held on the day	636
specified in the charter of the city of Akron for the nomination	637
of municipal officers. Notwithstanding any contrary provision of	638
section 3513.05 or 3513.257 of the Revised Code, the declarations	639
of candidacy and petitions of partisan candidates and the	640
nominating petitions of independent candidates for the office of	641
clerk of the Akron municipal court shall be signed by at least	642
fifty qualified electors of the territory of the court.	643

The candidates shall file a declaration of candidacy and	644
petition, or a nominating petition, whichever is applicable, not	645
later than four p.m. of the seventy-fifth day before the day of	646
the primary election, in the form prescribed by section 3513.07 or	647
3513.261 of the Revised Code. The declaration of candidacy and	648
petition, or the nominating petition, shall conform to the	649
applicable requirements of section 3513.05 or 3513.257 of the	650
Revised Code.	651

If no valid declaration of candidacy and petition is filed by	652
any person for nomination as a candidate of a particular political	653
party for election to the office of clerk of the Akron municipal	654
court, a primary election shall not be held for the purpose of	655
nominating a candidate of that party for election to that office.	656
If only one person files a valid declaration of candidacy and	657
petition for nomination as a candidate of a particular political	658
party for election to that office, a primary election shall not be	659
held for the purpose of nominating a candidate of that party for	660
election to that office, and the candidate shall be issued a	661
certificate of nomination in the manner set forth in section	662
3513.02 of the Revised Code.	663

Declarations of candidacy and petitions, nominating	664
petitions, and certificates of nomination for the office of clerk	665
of the Akron municipal court shall contain a designation of the	666
term for which the candidate seeks election. At the following	667
regular municipal election, all candidates for the office shall be	668
submitted to the qualified electors of the territory of the court	669
in the manner that is provided in section 1901.07 of the Revised	670
Code for the election of the judges of the court. The clerk so	671
elected shall hold office for a term of six years, which term	672
shall commence on the first day of January following the clerk's	673
election and continue until the clerk's successor is elected and	674
qualified.	675

(e) Except as otherwise provided in division (A)(1)(e) of	676
this section, in the Barberton municipal court, candidates for	677
election to the office of clerk of the court shall be nominated by	678
primary election. The primary election shall be held on the day	679
specified in the charter of the city of Barberton for the	680
nomination of municipal officers. Notwithstanding any contrary	681
provision of section 3513.05 or 3513.257 of the Revised Code, the	682
declarations of candidacy and petitions of partisan candidates and	683
the nominating petitions of independent candidates for the office	684
of clerk of the Barberton municipal court shall be signed by at	685
least fifty qualified electors of the territory of the court.	686

The candidates shall file a declaration of candidacy and	687
petition, or a nominating petition, whichever is applicable, not	688
later than four p.m. of the seventy-fifth day before the day of	689
the primary election, in the form prescribed by section 3513.07 or	690
3513.261 of the Revised Code. The declaration of candidacy and	691
petition, or the nominating petition, shall conform to the	692
applicable requirements of section 3513.05 or 3513.257 of the	693
Revised Code.	694

If no valid declaration of candidacy and petition is filed by	695
any person for nomination as a candidate of a particular political	696
party for election to the office of clerk of the Barberton	697
municipal court, a primary election shall not be held for the	698
purpose of nominating a candidate of that party for election to	699
that office. If only one person files a valid declaration of	700
candidacy and petition for nomination as a candidate of a	701
particular political party for election to that office, a primary	702
election shall not be held for the purpose of nominating a	703
candidate of that party for election to that office, and the	704
candidate shall be issued a certificate of nomination in the	705
manner set forth in section 3513.02 of the Revised Code.	706

Declarations of candidacy and petitions, nominating	707
petitions, and certificates of nomination for the office of clerk	708
of the Barberton municipal court shall contain a designation of	709
the term for which the candidate seeks election. At the following	710
regular municipal election, all candidates for the office shall be	711
submitted to the qualified electors of the territory of the court	712
in the manner that is provided in section 1901.07 of the Revised	713
Code for the election of the judges of the court. The clerk so	714
elected shall hold office for a term of six years, which term	715
shall commence on the first day of January following the clerk's	716
election and continue until the clerk's successor is elected and	717
qualified.	718

(f) Except as otherwise provided in division (A)(1)(f) of	719
this section, in the Cuyahoga Falls municipal court, candidates	720
for election to the office of clerk of the court shall be	721
nominated by primary election. The primary election shall be held	722
on the day specified in the charter of the city of Cuyahoga Falls	723
for the nomination of municipal officers. Notwithstanding any	724
contrary provision of section 3513.05 or 3513.257 of the Revised	725
Code, the declarations of candidacy and petitions of partisan	726
candidates and the nominating petitions of independent candidates	727
for the office of clerk of the Cuyahoga Falls municipal court	728
shall be signed by at least fifty qualified electors of the	729
territory of the court.	730

The candidates shall file a declaration of candidacy and	731
petition, or a nominating petition, whichever is applicable, not	732
later than four p.m. of the seventy-fifth day before the day of	733
the primary election, in the form prescribed by section 3513.07 or	734
3513.261 of the Revised Code. The declaration of candidacy and	735
petition, or the nominating petition, shall conform to the	736
applicable requirements of section 3513.05 or 3513.257 of the	737
Revised Code.	738

If no valid declaration of candidacy and petition is filed by	739
any person for nomination as a candidate of a particular political	740
party for election to the office of clerk of the Cuyahoga Falls	741
municipal court, a primary election shall not be held for the	742
purpose of nominating a candidate of that party for election to	743
that office. If only one person files a valid declaration of	744
candidacy and petition for nomination as a candidate of a	745
particular political party for election to that office, a primary	746
election shall not be held for the purpose of nominating a	747
candidate of that party for election to that office, and the	748
candidate shall be issued a certificate of nomination in the	749
manner set forth in section 3513.02 of the Revised Code.	750

Declarations of candidacy and petitions, nominating	751
petitions, and certificates of nomination for the office of clerk	752
of the Cuyahoga Falls municipal court shall contain a designation	753
of the term for which the candidate seeks election. At the	754
following regular municipal election, all candidates for the	755
office shall be submitted to the qualified electors of the	756
territory of the court in the manner that is provided in section	757
1901.07 of the Revised Code for the election of the judges of the	758
court. The clerk so elected shall hold office for a term of six	759
years, which term shall commence on the first day of January	760
following the clerk's election and continue until the clerk's	761
successor is elected and qualified.	762

(g) Except as otherwise provided in division (A)(1)(g) of	763
this section, in the Toledo municipal court, candidates for	764
election to the office of clerk of the court shall be nominated by	765
primary election. The primary election shall be held on the day	766
specified in the charter of the city of Toledo for the nomination	767
of municipal officers. Notwithstanding any contrary provision of	768
section 3513.05 or 3513.257 of the Revised Code, the declarations	769
of candidacy and petitions of partisan candidates and the	770
nominating petitions of independent candidates for the office of	771
clerk of the Toledo municipal court shall be signed by at least	772
fifty qualified electors of the territory of the court.	773

The candidates shall file a declaration of candidacy and	774
petition, or a nominating petition, whichever is applicable, not	775
later than four p.m. of the seventy-fifth day before the day of	776
the primary election, in the form prescribed by section 3513.07 or	777
3513.261 of the Revised Code. The declaration of candidacy and	778
petition, or the nominating petition, shall conform to the	779
applicable requirements of section 3513.05 or 3513.257 of the	780
Revised Code.	781

If no valid declaration of candidacy and petition is filed by	782
any person for nomination as a candidate of a particular political	783
party for election to the office of clerk of the Toledo municipal	784
court, a primary election shall not be held for the purpose of	785
nominating a candidate of that party for election to that office.	786
If only one person files a valid declaration of candidacy and	787
petition for nomination as a candidate of a particular political	788
party for election to that office, a primary election shall not be	789
held for the purpose of nominating a candidate of that party for	790
election to that office, and the candidate shall be issued a	791
certificate of nomination in the manner set forth in section	792
3513.02 of the Revised Code.	793

Declarations of candidacy and petitions, nominating	794
petitions, and certificates of nomination for the office of clerk	795
of the Toledo municipal court shall contain a designation of the	796
term for which the candidate seeks election. At the following	797
regular municipal election, all candidates for the office shall be	798
submitted to the qualified electors of the territory of the court	799
in the manner that is provided in section 1901.07 of the Revised	800
Code for the election of the judges of the court. The clerk so	801
elected shall hold office for a term of six years, which term	802
shall commence on the first day of January following the clerk's	803
election and continue until the clerk's successor is elected and	804
qualified.	805

(2)(a) Except for the Alliance, Auglaize county, Brown	806
county, Columbiana county, Lorain, Massillon, and Youngstown	807
municipal courts, in a municipal court for which the population of	808
the territory is less than one hundred thousand, the clerk shall	809
be appointed by the court, and the clerk shall hold office until	810
the clerk's successor is appointed and qualified.	811

(b) In the Alliance, Lorain, Massillon, and Youngstown	812
municipal courts, the clerk shall be elected for a term of office	813
as described in division (A)(1)(a) of this section.	814

(c) In the Auglaize county and Brown county municipal courts,	815
the clerks of courts of Auglaize county and Brown county shall be	816
the clerks, respectively, of the Auglaize county and Brown county	817
municipal courts and may appoint a chief deputy clerk for each	818
branch that is established pursuant to section 1901.311 of the	819
Revised Code, and assistant clerks as the judge of the court	820
determines are necessary, all of whom shall receive the	821
compensation that the legislative authority prescribes. The clerks	822
of courts of Auglaize county and Brown county, acting as the	823
clerks of the Auglaize county and Brown county municipal courts	824
and assuming the duties of these offices, shall receive	825
compensation payable from the county treasury in semimonthly	826
installments at one-fourth the rate that is prescribed for the	827
clerks of courts of common pleas as determined in accordance with	828
the population of the county and the rates set forth in sections	829
325.08 and 325.18 of the Revised Code.	830

(d) In the Columbiana county municipal court, the clerk of	831
courts of Columbiana county shall be the clerk of the municipal	832
court, may appoint a chief deputy clerk for each branch office	833
that is established pursuant to section 1901.311 of the Revised	834
Code, and may appoint any assistant clerks that the judges of the	835
court determine are necessary. All of the chief deputy clerks and	836
assistant clerks shall receive the compensation that the	837
legislative authority prescribes. The clerk of courts of	838
Columbiana county, acting as the clerk of the Columbiana county	839
municipal court and assuming the duties of that office, shall	840
receive compensation payable from the county treasury in	841
semimonthly installments at one-fourth the rate that is prescribed	842
for the clerks of courts of common pleas as determined in	843
accordance with the population of the county and the rates set	844
forth in sections 325.08 and 325.18 of the Revised Code.	845

(3) During the temporary absence of the clerk due to illness,	846
vacation, or other proper cause, the court may appoint a temporary	847
clerk, who shall be paid the same compensation, have the same	848
authority, and perform the same duties as the clerk.	849

(B) Except in the Hamilton county, Portage county, and Wayne	850
county municipal courts, if a vacancy occurs in the office of the	851
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	852
court or occurs in the office of the clerk of a municipal court	853
for which the population of the territory equals or exceeds one	854
hundred thousand because the clerk ceases to hold the office	855
before the end of the clerk's term or because a clerk-elect fails	856
to take office, the vacancy shall be filled, until a successor is	857
elected and qualified, by a person chosen by the residents of the	858
territory of the court who are members of the county central	859
committee of the political party by which the last occupant of	860
that office or the clerk-elect was nominated. Not less than five	861
nor more than fifteen days after a vacancy occurs, those members	862
of that county central committee shall meet to make an appointment	863
to fill the vacancy. At least four days before the date of the	864
meeting, the chairperson or a secretary of the county central	865
committee shall notify each such member of that county central	866
committee by first class mail of the date, time, and place of the	867
meeting and its purpose. A majority of all such members of that	868
county central committee constitutes a quorum, and a majority of	869
the quorum is required to make the appointment. If the office so	870
vacated was occupied or was to be occupied by a person not	871
nominated at a primary election, or if the appointment was not	872
made by the committee members in accordance with this division,	873
the court shall make an appointment to fill the vacancy. A	874
successor shall be elected to fill the office for the unexpired	875
term at the first municipal election that is held more than one	876
hundred twenty days after the vacancy occurred.	877

(C)(1) In a municipal court, other than the Auglaize county,	878
the Brown county, the Columbiana county, and the Lorain municipal	879
courts, for which the population of the territory is less than one	880
hundred thousand, the clerk of the municipal court shall receive	881
the annual compensation that the presiding judge of the court	882
prescribes, if the revenue of the court for the preceding calendar	883
year, as certified by the auditor or chief fiscal officer of the	884
municipal corporation in which the court is located or, in the	885
case of a county-operated municipal court, the county auditor, is	886
equal to or greater than the expenditures, including any debt	887
charges, for the operation of the court payable under this chapter	888
from the city treasury or, in the case of a county-operated	889
municipal court, the county treasury for that calendar year, as	890
also certified by the auditor or chief fiscal officer. If the	891
revenue of a municipal court, other than the Auglaize county, the	892
Brown county, the Columbiana county, and the Lorain municipal	893
courts, for which the population of the territory is less than one	894
hundred thousand for the preceding calendar year as so certified	895
is not equal to or greater than those expenditures for the	896
operation of the court for that calendar year as so certified, the	897
clerk of a municipal court shall receive the annual compensation	898
that the legislative authority prescribes. As used in this	899
division, "revenue" means the total of all costs and fees that are	900
collected and paid to the city treasury or, in a county-operated	901
municipal court, the county treasury by the clerk of the municipal	902
court under division (F) of this section and all interest received	903
and paid to the city treasury or, in a county-operated municipal	904
court, the county treasury in relation to the costs and fees under	905
division (G) of this section.	906

(2) In a municipal court, other than the Hamilton county,	907
Portage county, and Wayne county municipal courts, for which the	908
population of the territory is one hundred thousand or more, and	909
in the Lorain municipal court, the clerk of the municipal court	910
shall receive annual compensation in a sum equal to eighty-five	911
per cent of the salary of a judge of the court.	912

(3) The compensation of a clerk described in division (C)(1)	913
or (2) of this section is payable in semimonthly installments from	914
the same sources and in the same manner as provided in section	915
1901.11 of the Revised Code.	916

(D) Before entering upon the duties of the clerk's office,	917
the clerk of a municipal court shall give bond of not less than	918
six thousand dollars to be determined by the judges of the court,	919
conditioned upon the faithful performance of the clerk's duties.	920

(E) The clerk of a municipal court may do all of the	921
following: administer oaths, take affidavits, and issue executions	922
upon any judgment rendered in the court, including a judgment for	923
unpaid costs; issue, sign, and attach the seal of the court to all	924
writs, process, subpoenas, and papers issuing out of the court;	925
and approve all bonds, sureties, recognizances, and undertakings	926
fixed by any judge of the court or by law. The clerk may refuse to	927
accept for filing any pleading or paper submitted for filing by a	928
person who has been found to be a vexatious litigator under	929
section 2323.52 of the Revised Code and who has failed to obtain	930
leave to proceed under that section. The clerk shall do all of the	931
following: file and safely keep all journals, records, books, and	932
papers belonging or appertaining to the court; record the	933
proceedings of the court; perform all other duties that the judges	934
of the court may prescribe; and keep a book showing all receipts	935
and disbursements, which book shall be open for public inspection	936
at all times.	937

The clerk shall prepare and maintain a general index, a	938
docket, and other records that the court, by rule, requires, all	939
of which shall be the public records of the court. In the docket,	940
the clerk shall enter, at the time of the commencement of an	941
action, the names of the parties in full, the names of the	942
counsel, and the nature of the proceedings. Under proper dates,	943
the clerk shall note the filing of the complaint, issuing of	944
summons or other process, returns, and any subsequent pleadings.	945
The clerk also shall enter all reports, verdicts, orders,	946
judgments, and proceedings of the court, clearly specifying the	947
relief granted or orders made in each action. The court may order	948
an extended record of any of the above to be made and entered,	949
under the proper action heading, upon the docket at the request of	950
any party to the case, the expense of which record may be taxed as	951
costs in the case or may be required to be prepaid by the party	952
demanding the record, upon order of the court.	953

(F) The clerk of a municipal court shall receive, collect,	954
and issue receipts for all costs, fees, fines, bail, and other	955
moneys payable to the office or to any officer of the court. The	956
clerk shall each month disburse to the proper persons or officers,	957
and take receipts for, all costs, fees, fines, bail, and other	958
moneys that the clerk collects. Subject to sections 3375.50 and	959
4511.193 of the Revised Code and to any other section of the	960
Revised Code that requires a specific manner of disbursement of	961
any moneys received by a municipal court and except for the	962
Hamilton county, Lawrence county, and Ottawa county municipal	963
courts, the clerk shall pay all fines received for violation of	964
municipal ordinances into the treasury of the municipal	965
corporation the ordinance of which was violated and shall pay all	966
fines received for violation of township resolutions adopted	967
pursuant to section 503.52 or 503.53 or Chapter 504. of the	968
Revised Code into the treasury of the township the resolution of	969
which was violated. Subject to sections 1901.024 and 4511.193 of	970
the Revised Code, in the Hamilton county, Lawrence county, and	971
Ottawa county municipal courts, the clerk shall pay fifty per cent	972
of the fines received for violation of municipal ordinances and	973
fifty per cent of the fines received for violation of township	974
resolutions adopted pursuant to section 503.52 or 503.53 or	975
Chapter 504. of the Revised Code into the treasury of the county.	976
Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the	977
Revised Code and to any other section of the Revised Code that	978
requires a specific manner of disbursement of any moneys received	979
by a municipal court, the clerk shall pay all fines collected for	980
the violation of state laws into the county treasury. Except in a	981
county-operated municipal court, the clerk shall pay all costs and	982
fees the disbursement of which is not otherwise provided for in	983
the Revised Code into the city treasury. The clerk of a	984
county-operated municipal court shall pay the costs and fees the	985
disbursement of which is not otherwise provided for in the Revised	986
Code into the county treasury. Moneys deposited as security for	987
costs shall be retained pending the litigation. The clerk shall	988
keep a separate account of all receipts and disbursements in civil	989
and criminal cases, which shall be a permanent public record of	990
the office. On the expiration of the term of the clerk, the clerk	991
shall deliver the records to the clerk's successor. The clerk	992
shall have other powers and duties as are prescribed by rule or	993
order of the court.	994

(G) All moneys paid into a municipal court shall be noted on	995
the record of the case in which they are paid and shall be	996
deposited in a state or national bank, or a domestic savings and	997
loan association, as defined in section 1151.01 of the Revised	998
Code, that is selected by the clerk. Any interest received upon	999
the deposits shall be paid into the city treasury, except that, in	1000
a county-operated municipal court, the interest shall be paid into	1001
the treasury of the county in which the court is located.	1002

On the first Monday in January of each year, the clerk shall	1003
make a list of the titles of all cases in the court that were	1004
finally determined more than one year past in which there remains	1005
unclaimed in the possession of the clerk any funds, or any part of	1006
a deposit for security of costs not consumed by the costs in the	1007
case. The clerk shall give notice of the moneys to the parties who	1008
are entitled to the moneys or to their attorneys of record. All	1009
the moneys remaining unclaimed on the first day of April of each	1010
year shall be paid by the clerk to the city treasurer, except	1011
that, in a county-operated municipal court, the moneys shall be	1012
paid to the treasurer of the county in which the court is located.	1013
The treasurer shall pay any part of the moneys at any time to the	1014
person who has the right to the moneys upon proper certification	1015
of the clerk.	1016

(H) Deputy clerks may be appointed by the clerk and shall	1017
receive the compensation, payable in semimonthly installments out	1018
of the city treasury, that the clerk may prescribe, except that	1019
the compensation of any deputy clerk of a county-operated	1020
municipal court shall be paid out of the treasury of the county in	1021
which the court is located. Each deputy clerk shall take an oath	1022
of office before entering upon the duties of the deputy clerk's	1023
office and, when so qualified, may perform the duties appertaining	1024
to the office of the clerk. The clerk may require any of the	1025
deputy clerks to give bond of not less than three thousand	1026
dollars, conditioned for the faithful performance of the deputy	1027
clerk's duties.	1028

(I) For the purposes of this section, whenever the population	1029
of the territory of a municipal court falls below one hundred	1030
thousand but not below ninety thousand, and the population of the	1031
territory prior to the most recent regular federal census exceeded	1032
one hundred thousand, the legislative authority of the municipal	1033
corporation may declare, by resolution, that the territory shall	1034
be considered to have a population of at least one hundred	1035
thousand.	1036

(J) The clerk or a deputy clerk shall be in attendance at all	1037
sessions of the municipal court, although not necessarily in the	1038
courtroom, and may administer oaths to witnesses and jurors and	1039
receive verdicts.	1040

Sec. 1907.012.  In addition to other jurisdiction granted a	1041
county court in the Revised Code, a county court has jurisdiction	1042
over violations of township resolutions adopted pursuant to	1043
section 503.52 or 503.53 or Chapter 504. of the Revised Code. For	1044
procedural purposes, a case in which a person is charged with the	1045
violation of a township resolution shall be treated as a civil	1046
case, except as otherwise provided in the Revised Code and except	1047
that a violation of a township resolution that is adopted pursuant	1048
to section 503.52 or 503.53 of the Revised Code and that creates a	1049
criminal offense or imposes criminal penalties shall be treated as	1050
a criminal case.	1051

Sec. 1907.20.  (A) The clerk of courts shall be the clerk of	1052
the county court, except that the board of county commissioners,	1053
with the concurrence of the county court judges, may appoint a	1054
clerk for each county court judge, who shall serve at the pleasure	1055
of the board and shall receive compensation as set by the board,	1056
payable in semimonthly installments from the treasury of the	1057
county. An appointed clerk, before entering upon the duties of the	1058
office, shall give bond of not less than five thousand dollars, as	1059
determined by the board of county commissioners, conditioned upon	1060
the faithful performance of the clerk's duties.	1061

The clerks of courts of common pleas, when acting as the	1062
clerks of county courts, and upon assuming their county court	1063
duties, shall receive compensation at one-fourth the rate	1064
prescribed for the clerks of courts of common pleas as determined	1065
in accordance with the population of the county and the rates set	1066
forth in sections 325.08 and 325.18 of the Revised Code. This	1067
compensation shall be paid from the county treasury in semimonthly	1068
installments and is in addition to the annual compensation	1069
received for the performance of the duties of the clerk of a court	1070
of common pleas as provided in sections 325.08 and 325.18 of the	1071
Revised Code.	1072

(B) The clerk of a county court shall have general powers to	1073
administer oaths, take affidavits, and issue executions upon any	1074
judgment rendered in the county court, including a judgment for	1075
unpaid costs, power to issue and sign all writs, process,	1076
subpoenas, and papers issuing out of the court, and to attach the	1077
seal of the court to them, and power to approve all bonds,	1078
sureties, recognizances, and undertakings fixed by any judge of	1079
the court or by law. The clerk shall file and safely keep all	1080
journals, records, books, and papers belonging or appertaining to	1081
the court, record its proceedings, perform all other duties that	1082
the judges of the court may prescribe, and keep a book showing all	1083
receipts and disbursements, which shall be open for public	1084
inspection at all times. The clerk may refuse to accept for filing	1085
any pleading or paper submitted for filing by a person who has	1086
been found to be a vexatious litigator under section 2323.52 of	1087
the Revised Code and who has failed to obtain leave to proceed	1088
under that section.	1089

The clerk shall prepare and maintain a general index, a	1090
docket as prescribed by the court, which shall be furnished by the	1091
board of county commissioners, and such other records as the	1092
court, by rule, requires, all of which shall be the public records	1093
of the court. In the docket, the clerk shall enter at times of the	1094
commencement of an action, the names of the parties in full, the	1095
names of the counsel, and the nature of the proceedings. Under	1096
proper dates, the clerk shall note the filing of the complaint,	1097
issuing of summons or other process, returns, and pleadings	1098
subsequent thereto. The clerk also shall enter all reports,	1099
verdicts, orders, judgments, and proceedings of the court, clearly	1100
specifying the relief granted or orders made in each action. The	1101
court may order an extended record of any of the above to be made	1102
and entered, under the proper action heading, upon the docket at	1103
the request of any party to the case, the expense of which may be	1104
taxed as costs in the case or may be required to be prepaid by the	1105
party demanding the extended record, upon order of the court.	1106

(C) The clerk of a county court shall receive and collect all	1107
costs, fees, fines, penalties, bail, and other moneys payable to	1108
the office or to any officer of the court and issue receipts	1109
therefor, and shall each month disburse the costs, fees, fines,	1110
penalties, bail, and other moneys to the proper persons or	1111
officers and take receipts therefor. Subject to sections 3375.51,	1112
3375.53, 4511.19, 4511.193, and 5503.04 of the Revised Code and	1113
all other statutes that require a different distribution of fines,	1114
fines received for violations of municipal ordinances shall be	1115
paid into the treasury of the municipal corporation whose	1116
ordinance was violated, fines received for violations of township	1117
resolutions adopted pursuant to section 503.52 or 503.53 or	1118
Chapter 504. of the Revised Code shall be paid into the treasury	1119
of the township whose resolution was violated, and fines collected	1120
for the violation of state laws shall be paid into the county	1121
treasury. Moneys deposited as security for costs shall be retained	1122
pending the litigation.	1123

The clerk shall keep a separate account of all receipts and	1124
disbursements in civil and criminal cases. The separate account	1125
shall be a permanent public record of the office. On the	1126
expiration of a clerk's term, those records shall be delivered to	1127
the clerk's successor.	1128

The clerk shall have such other powers and duties as are	1129
prescribed by rule or order of the court.	1130

(D) All moneys paid into a county court shall be noted on the	1131
record of the case in which they are paid and shall be deposited	1132
in a state or national bank selected by the clerk. On the first	1133
Monday in January of each year, the clerk shall make a list of the	1134
titles of all cases in the county court that were finally	1135
determined more than one year past in which there remains	1136
unclaimed in the possession of the clerk any funds, or any part of	1137
a deposit for security of costs not consumed by the costs in the	1138
case. The clerk shall give notice of the moneys to the parties	1139
entitled to them or to their attorneys of record. All the moneys	1140
remaining unclaimed on the first day of April of each year shall	1141
be paid by the clerk to the county treasurer. Any part of the	1142
moneys shall be paid by the county treasurer at any time to the	1143
person having the right to them, upon proper certification of the	1144
clerk.	1145

(E)(1) In county court districts having appointed clerks,	1146
deputy clerks may be appointed by the board of county	1147
commissioners. Clerks and deputy clerks shall receive such	1148
compensation payable in semimonthly installments out of the county	1149
treasury as the board may prescribe. Each deputy clerk shall take	1150
an oath of office before entering upon the duties of the deputy	1151
clerk's office and, when so qualified, may perform the duties	1152
appertaining to the office of the clerk. The clerk may require any	1153
of the deputy clerks to give bond of not less than three thousand	1154
dollars, conditioned for the faithful performance of the deputy	1155
clerk's duties.	1156

(2) A clerk of courts acting as clerk of the county court may	1157
appoint deputy clerks to perform the duties pertaining to the	1158
office of clerk of the county court. Each deputy clerk shall take	1159
an oath of office before entering upon the deputy clerk's duties,	1160
and the clerk of courts may require the deputy clerk to give bond	1161
of not less than three thousand dollars, conditioned for the	1162
faithful performance of the deputy clerk's duties.	1163

(3) The clerk or a deputy clerk of a county court shall be in	1164
attendance at all sessions of the court, although not necessarily	1165
in the courtroom, and may administer oaths to witnesses and jurors	1166
and receive verdicts.	1167

(F)(1) In county court districts having appointed clerks, the	1168
board of county commissioners may order the establishment of one	1169
or more branch offices of the clerk and, with the concurrence of	1170
the county judges, may appoint a special deputy clerk to	1171
administer each branch office. Each special deputy clerk shall	1172
take an oath of office before entering upon the duties of the	1173
deputy clerk's office and, when so qualified, may perform any one	1174
or more of the duties appertaining to the office of clerk, as the	1175
board prescribes. Special deputy clerks shall receive such	1176
compensation payable in semimonthly installments out of the county	1177
treasury as the board may prescribe. The board may require any of	1178
the special deputy clerks to give bond of not less than three	1179
thousand dollars, conditioned for the faithful performance of the	1180
deputy clerk's duties.	1181

The board of county commissioners may authorize the clerk of	1182
the county court to operate one or more branch offices, to divide	1183
the clerk's time between the offices, and to perform duties	1184
appertaining to the office of clerk in locations that the board	1185
prescribes.	1186

(2) A clerk of courts acting as clerk of the county court may	1187
establish one or more branch offices for the clerk's duties as	1188
clerk of the county court and, with the concurrence of the county	1189
court judges, may appoint a special deputy clerk to administer	1190
each branch office. Each special deputy clerk shall take an oath	1191
of office before entering upon the deputy clerk's duties and, when	1192
so qualified, may perform any of the duties pertaining to the	1193
office of clerk, as the clerk of courts prescribes. The clerk of	1194
courts may require any of the special deputy clerks to give bond	1195
of not less than three thousand dollars, conditioned for the	1196
faithful performance of the deputy clerk's duties.	1197

(G) The clerk of courts of the county shall fix the	1198
compensation of deputy clerks and special deputy clerks appointed	1199
by the clerk pursuant to this section. Those personnel shall be	1200
paid and be subject to the same requirements as other employees of	1201
the clerk under the provisions of section 325.17 of the Revised	1202
Code insofar as that section is applicable.	1203

Sec. 2151.022.  As used in this chapter, "unruly child"	1204
includes any of the following:	1205

(A) Any child who does not submit to the reasonable control	1206
of the child's parents, teachers, guardian, or custodian, by	1207
reason of being wayward or habitually disobedient;	1208

(B) Any child who is an habitual truant from school and who	1209
previously has not been adjudicated an unruly child for being an	1210
habitual truant;	1211

(C) Any child who behaves in a manner as to injure or	1212
endanger the child's own health or morals or the health or morals	1213
of others;	1214

(D) Any child who violates a law, other than division (C) of	1215
section 2907.39, division (A) of section 2923.211, or section	1216
2151.87 of the Revised Code, that is applicable only to a child.	1217

Sec. 2152.02.  As used in this chapter:

1218

(A) "Act charged" means the act that is identified in a	1219
complaint, indictment, or information alleging that a child is a	1220
delinquent child.	1221

(B) "Admitted to a department of youth services facility"	1222
includes admission to a facility operated, or contracted for, by	1223
the department and admission to a comparable facility outside this	1224
state by another state or the United States.	1225

(C)(1) "Child" means a person who is under eighteen years of	1226
age, except as otherwise provided in divisions (C)(2) to (6) of	1227
this section.	1228

(2) Subject to division (C)(3) of this section, any person	1229
who violates a federal or state law or a municipal ordinance prior	1230
to attaining eighteen years of age shall be deemed a "child"	1231
irrespective of that person's age at the time the complaint with	1232
respect to that violation is filed or the hearing on the complaint	1233
is held.	1234

(3) Any person who, while under eighteen years of age,	1235
commits an act that would be a felony if committed by an adult and	1236
who is not taken into custody or apprehended for that act until	1237
after the person attains twenty-one years of age is not a child in	1238
relation to that act.	1239

(4) Any person whose case is transferred for criminal	1240
prosecution pursuant to section 2152.12 of the Revised Code shall	1241
be deemed after the transfer not to be a child in the transferred	1242
case.	1243

(5) Any person whose case is transferred for criminal	1244
prosecution pursuant to section 2152.12 of the Revised Code and	1245
who subsequently is convicted of or pleads guilty to a felony in	1246
that case, and any person who is adjudicated a delinquent child	1247
for the commission of an act, who has a serious youthful offender	1248
dispositional sentence imposed for the act pursuant to section	1249
2152.13 of the Revised Code, and whose adult portion of the	1250
dispositional sentence is invoked pursuant to section 2152.14 of	1251
the Revised Code, shall be deemed after the transfer or invocation	1252
not to be a child in any case in which a complaint is filed	1253
against the person.	1254

(6) The juvenile court has jurisdiction over a person who is	1255
adjudicated a delinquent child or juvenile traffic offender prior	1256
to attaining eighteen years of age until the person attains	1257
twenty-one years of age, and, for purposes of that jurisdiction	1258
related to that adjudication, except as otherwise provided in this	1259
division, a person who is so adjudicated a delinquent child or	1260
juvenile traffic offender shall be deemed a "child" until the	1261
person attains twenty-one years of age. If a person is so	1262
adjudicated a delinquent child or juvenile traffic offender and	1263
the court makes a disposition of the person under this chapter, at	1264
any time after the person attains eighteen years of age, the	1265
places at which the person may be held under that disposition are	1266
not limited to places authorized under this chapter solely for	1267
confinement of children, and the person may be confined under that	1268
disposition, in accordance with division (F)(2) of section 2152.26	1269
of the Revised Code, in places other than those authorized under	1270
this chapter solely for confinement of children.	1271

(D) "Chronic truant" means any child of compulsory school age	1272
who is absent without legitimate excuse for absence from the	1273
public school the child is supposed to attend for seven or more	1274
consecutive school days, ten or more school days in one school	1275
month, or fifteen or more school days in a school year.	1276

(E) "Community corrections facility," "public safety beds,"	1277
"release authority," and "supervised release" have the same	1278
meanings as in section 5139.01 of the Revised Code.	1279

(F) "Delinquent child" includes any of the following:

1280

(1) Any child, except a juvenile traffic offender, who	1281
violates any law of this state or the United States, or any	1282
ordinance of a political subdivision of the state, that would be	1283
an offense if committed by an adult;	1284

(2) Any child who violates any lawful order of the court made	1285
under this chapter or under Chapter 2151. of the Revised Code	1286
other than an order issued under section 2151.87 of the Revised	1287
Code;	1288

(3) Any child who violates division (C) of section 2907.39 or	1289
division (A) of section 2923.211 of the Revised Code;	1290

(4) Any child who is a habitual truant and who previously has	1291
been adjudicated an unruly child for being a habitual truant;	1292

(5) Any child who is a chronic truant.

1293

(G) "Discretionary serious youthful offender" means a person	1294
who is eligible for a discretionary SYO and who is not transferred	1295
to adult court under a mandatory or discretionary transfer.	1296

(H) "Discretionary SYO" means a case in which the juvenile	1297
court, in the juvenile court's discretion, may impose a serious	1298
youthful offender disposition under section 2152.13 of the Revised	1299
Code.	1300

(I) "Discretionary transfer" means that the juvenile court	1301
has discretion to transfer a case for criminal prosecution under	1302
division (B) of section 2152.12 of the Revised Code.	1303

(J) "Drug abuse offense," "felony drug abuse offense," and	1304
"minor drug possession offense" have the same meanings as in	1305
section 2925.01 of the Revised Code.	1306

(K) "Electronic monitoring" and "electronic monitoring	1307
device" have the same meanings as in section 2929.01 of the	1308
Revised Code.	1309

(L) "Economic loss" means any economic detriment suffered by	1310
a victim of a delinquent act or juvenile traffic offense as a	1311
direct and proximate result of the delinquent act or juvenile	1312
traffic offense and includes any loss of income due to lost time	1313
at work because of any injury caused to the victim and any	1314
property loss, medical cost, or funeral expense incurred as a	1315
result of the delinquent act or juvenile traffic offense.	1316
"Economic loss" does not include non-economic loss or any punitive	1317
or exemplary damages.	1318

(M) "Firearm" has the same meaning as in section 2923.11 of	1319
the Revised Code.	1320

(N) "Juvenile traffic offender" means any child who violates	1321
any traffic law, traffic ordinance, or traffic regulation of this	1322
state, the United States, or any political subdivision of this	1323
state, other than a resolution, ordinance, or regulation of a	1324
political subdivision of this state the violation of which is	1325
required to be handled by a parking violations bureau or a joint	1326
parking violations bureau pursuant to Chapter 4521. of the Revised	1327
Code.	1328

(O) A "legitimate excuse for absence from the public school	1329
the child is supposed to attend" has the same meaning as in	1330
section 2151.011 of the Revised Code.	1331

(P) "Mandatory serious youthful offender" means a person who	1332
is eligible for a mandatory SYO and who is not transferred to	1333
adult court under a mandatory or discretionary transfer.	1334

(Q) "Mandatory SYO" means a case in which the juvenile court	1335
is required to impose a mandatory serious youthful offender	1336
disposition under section 2152.13 of the Revised Code.	1337

(R) "Mandatory transfer" means that a case is required to be	1338
transferred for criminal prosecution under division (A) of section	1339
2152.12 of the Revised Code.	1340

(S) "Mental illness" has the same meaning as in section	1341
5122.01 of the Revised Code.	1342

(T) "Mentally retarded person" has the same meaning as in	1343
section 5123.01 of the Revised Code.	1344

(U) "Monitored time" and "repeat violent offender" have the	1345
same meanings as in section 2929.01 of the Revised Code.	1346

(V) "Of compulsory school age" has the same meaning as in	1347
section 3321.01 of the Revised Code.	1348

(W) "Public record" has the same meaning as in section 149.43	1349
of the Revised Code.	1350

(X) "Serious youthful offender" means a person who is	1351
eligible for a mandatory SYO or discretionary SYO but who is not	1352
transferred to adult court under a mandatory or discretionary	1353
transfer.	1354

(Y) "Sexually oriented offense," "habitual sex offender,"	1355
"juvenile offender registrant," "sexual predator," "presumptive	1356
registration-exempt sexually oriented offense,"	1357
"registration-exempt sexually oriented offense," "child-victim	1358
oriented offense," "habitual child-victim offender," and	1359
"child-victim predator" have the same meanings as in section	1360
2950.01 of the Revised Code.	1361

(Z) "Traditional juvenile" means a case that is not	1362
transferred to adult court under a mandatory or discretionary	1363
transfer, that is eligible for a disposition under sections	1364
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1365
that is not eligible for a disposition under section 2152.13 of	1366
the Revised Code.	1367

(AA) "Transfer" means the transfer for criminal prosecution	1368
of a case involving the alleged commission by a child of an act	1369
that would be an offense if committed by an adult from the	1370
juvenile court to the appropriate court that has jurisdiction of	1371
the offense.	1372

(BB) "Category one offense" means any of the following:

1373

(1) A violation of section 2903.01 or 2903.02 of the Revised	1374
Code;	1375

(2) A violation of section 2923.02 of the Revised Code	1376
involving an attempt to commit aggravated murder or murder.	1377

(CC) "Category two offense" means any of the following:

1378

(1) A violation of section 2903.03, 2905.01, 2907.02,	1379
2909.02, 2911.01, or 2911.11 of the Revised Code;	1380

(2) A violation of section 2903.04 of the Revised Code that	1381
is a felony of the first degree;	1382

(3) A violation of section 2907.12 of the Revised Code as it	1383
existed prior to September 3, 1996.	1384

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1385
a victim of a delinquent act or juvenile traffic offense as a	1386
result of or related to the delinquent act or juvenile traffic	1387
offense, including, but not limited to, pain and suffering; loss	1388
of society, consortium, companionship, care, assistance,	1389
attention, protection, advice, guidance, counsel, instruction,	1390
training, or education; mental anguish; and any other intangible	1391
loss.	1392

Sec. 2505.08.  In the case of an administrative-related	1393
appeal other than an expedited appeal brought under sections	1394
2506.05 to 2506.08 of the Revised Code, within forty days after	1395
the filing of a notice of appeal or the obtaining of a leave to	1396
appeal, as described in section 2505.04 of the Revised Code, the	1397
administrative officer, agency, board, department, tribunal,	1398
commission, or other instrumentality whose final order is being	1399
appealed shall prepare and file in the court to which the appeal	1400
is taken, a complete transcript of all the original papers,	1401
testimony, and evidence offered, heard, and taken into	1402
consideration in issuing the final order. The costs of the	1403
transcript shall be taxed as part of the costs of the appeal.	1404

Sec. 2506.01. Every(A) Except as otherwise provided in	1405
sections 2506.05 to 2506.08 of the Revised Code, and except as	1406
modified by this section and sections 2506.02 to 2506.04 of the	1407
Revised Code, every final order, adjudication, or decision of any	1408
officer, tribunal, authority, board, bureau, commission,	1409
department, or other division of any political subdivision of the	1410
state may be reviewed by the court of common pleas of the county	1411
in which the principal office of the political subdivision is	1412
located as provided in Chapter 2505. of the Revised Code, except	1413
as modified by this chapter.	1414

(B) The appeal provided in this chaptersection is in	1415
addition to any other remedy of appeal provided by law.	1416

A(C) As used in this chapter, "final order, adjudication, or	1417
decision" means an order, adjudication, or decision that	1418
determines rights, duties, privileges, benefits, or legal	1419
relationships of a person, but does not include any order,	1420
adjudication, or decision from which an appeal is granted by rule,	1421
ordinance, or statute to a higher administrative authority if a	1422
right to a hearing on such appeal is provided, or any order,	1423
adjudication, or decision that is issued preliminary to or as a	1424
result of a criminal proceeding.	1425

Sec. 2506.02.  Within forty days after filing thea notice of	1426
appeal in relation to a final order, adjudication, or decision	1427
covered by division (A) of section 2506.01 of the Revised Code,	1428
the officer or body from which the appeal is taken, upon the	1429
filing of a praecipe by the appellant, shall prepare and file in	1430
the court to which the appeal is taken, a complete transcript of	1431
all the original papers, testimony, and evidence offered, heard,	1432
and taken into consideration in issuing the final order,	1433
adjudication, or decision appealed from. The costs of suchthe	1434
transcript shall be taxed as a part of the costs of the appeal.	1435

Sec. 2506.03.  (A) The hearing of suchan appeal taken in	1436
relation to a final order, adjudication, or decision covered by	1437
division (A) of section 2506.01 of the Revised Code shall proceed	1438
as in the trial of a civil action, but the court shall be confined	1439
to the transcript as filed pursuant tounder section 2506.02 of	1440
the Revised Code unless it appears, on the face of that transcript	1441
or by affidavit filed by the appellant, that one of the following	1442
applies:	1443

(1) The transcript does not contain a report of all evidence	1444
admitted or profferredproffered by the appellant;.	1445

(2) The appellant was not permitted to appear and be heard in	1446
person, or by histhe appellant's attorney, in opposition to the	1447
final order, adjudication, or decision appealed from, and to do	1448
any of the following:	1449

(a) Present histhe appellant's position, arguments, and	1450
contentions;	1451

(b) Offer and examine witnesses and present evidence in	1452
support;	1453

(c) Cross-examine witnesses purporting to refute histhe	1454
appellant's position, arguments, and contentions;	1455

(d) Offer evidence to refute evidence and testimony offered	1456
in opposition to histhe appellant's position, arguments, and	1457
contentions;	1458

(e) Proffer any such evidence into the record, if the	1459
admission of it is denied by the officer or body appealed from.	1460

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

1461

(4) The appellant was unable to present evidence by reason of	1462
a lack of the power of subpoena by the officer or body appealed	1463
from, or the refusal, after request, of suchthat officer or body	1464
to afford the appellant opportunity to use the power of subpoena	1465
when possessed by the officer or body;.	1466

(5) The officer or body failed to file with the transcript,	1467
conclusions of fact supporting the final order, adjudication, or	1468
decision appealed from.	1469

(B) If any circumstance described in divisions (A)(1) to (5)	1470
of this section applies, the court shall hear the appeal upon the	1471
transcript and such additional evidence as may be introduced by	1472
any party. At the hearing, any party may call, as if on	1473
cross-examination, any witness who previously gave testimony in	1474
opposition to suchthat party.	1475

Sec. 2506.04. TheIf an appeal is taken in relation to a	1476
final order, adjudication, or decision covered by division (A) of	1477
section 2506.01 of the Revised Code, the court may find that the	1478
order, adjudication, or decision is unconstitutional, illegal,	1479
arbitaryarbitrary, capricious, unreasonable, or unsupported by	1480
the preponderance of substantial, reliable, and probative evidence	1481
on the whole record. Consistent with its findings, the court may	1482
affirm, reverse, vacate, or modify the order, adjudication, or	1483
decision, or remand the cause to the officer or body appealed from	1484
with instructions to enter an order, adjudication, or decision	1485
consistent with the findings or opinion of the court. The judgment	1486
of the court may be appealed by any party on questions of law as	1487
provided in the Rules of Appellate Procedure and, to the extent	1488
not in conflict with those rules, Chapter 2505. of the Revised	1489
Code.	1490

Sec. 2506.05. (A)(1) Except as modified by this section and	1491
sections 2506.06 to 2506.08 of the Revised Code, every final	1492
order, adjudication, or decision of any officer, tribunal,	1493
authority, board, bureau, commission, department, or other	1494
division of any political subdivision of the state denying an	1495
application for, or suspending or revoking, a license or permit to	1496
locate or operate an adult entertainment establishment, as defined	1497
in section 2907.39 of the Revised Code or as similarly defined by	1498
a political subdivision, may be reviewed by the court of common	1499
pleas of the county in which the principal office of the political	1500
subdivision is located as provided in Chapter 2505. of the Revised	1501
Code.	1502

(2) In addition to appeals brought pursuant to division	1503
(A)(1) of this section, a court of common pleas may hear appeals	1504
under this section and sections 2506.06 to 2506.08 of the Revised	1505
Code in cases in which the court determines that there is a threat	1506
of restraint of expression protected or presumptively protected	1507
under the First Amendment to the United States Constitution or	1508
under Section 11 of Article I, Ohio Constitution.	1509

(B) An appellant seeking to have an appeal heard under this	1510
section shall designate it as an expedited appeal by inserting the	1511
words "Expedited Appeal Requested" in conspicuous typeface in the	1512
caption of the notice of appeal.	1513

(C) In an appeal under this section, if the political	1514
subdivision does not object to the expedited appeal within three	1515
days after receiving notice of the filing of the notice of appeal	1516
or if, over the objection of the political subdivision, the court	1517
determines that there is a threat of restraint of expression	1518
protected or presumptively protected under the First Amendment of	1519
the United States Constitution or under Section 11 of Article I of	1520
the Ohio Constitution, the court shall conduct a hearing as	1521
promptly as is practicable and render a decision in a prompt and	1522
expeditious manner consistent with the United States Constitution	1523
and the Ohio Constitution. If the court denies the request for an	1524
expedited appeal, the appeal shall be heard in accordance with	1525
sections 2506.01 to 2506.04 of the Revised Code.	1526

(D) The appeal provided in this section is in addition to any	1527
other remedy of appeal provided by law.	1528

Sec. 2506.06. Within five days after receiving notice of the	1529
filing of a notice of appeal under section 2506.05 of the Revised	1530
Code, the officer or body from which the appeal is taken, upon the	1531
filing of a praecipe by the appellant, shall prepare and file in	1532
the court to which the appeal is taken, a complete transcript of	1533
all the original papers, testimony, and evidence offered, heard,	1534
and taken into consideration in issuing the final order,	1535
adjudication, or decision appealed from. The costs of the	1536
transcript shall be taxed as a part of the costs of the appeal.	1537

Sec. 2506.07. (A) The hearing of an appeal taken under	1538
section 2506.05 of the Revised Code shall proceed as in the trial	1539
of a civil action, but the court shall be confined to the	1540
transcript as filed under section 2506.06 of the Revised Code	1541
unless it appears on the face of that transcript or by affidavit	1542
filed by the appellant that one or more of the following applies:	1543

(1) The transcript does not contain a report of all evidence	1544
admitted or proffered by the appellant.	1545

(2) The appellant was not permitted to appear and be heard in	1546
person, or by the appellant's attorney, in opposition to the final	1547
order, adjudication, or decision appealed from and to do any of	1548
the following:	1549

(a) Present the appellant's position, arguments, and	1550
contentions;	1551

(b) Offer and examine witnesses and present evidence in	1552
support;	1553

(c) Cross-examine witnesses purporting to refute the	1554
appellant's position, arguments, and contentions;	1555

(d) Offer evidence to refute evidence and testimony offered	1556
in opposition to the appellant's position, arguments, and	1557
contentions;	1558

(e) Proffer any evidence offered pursuant to division	1559
(A)(2)(d) of this section into the record if the admission of it	1560
is denied by the officer or body appealed from.	1561

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

1562

(4) The appellant was unable to present evidence because of a	1563
lack of the power of subpoena by the officer or body appealed from	1564
or because of the refusal after request of that officer or body to	1565
afford the appellant opportunity to use the power of subpoena when	1566
possessed by the officer or body.	1567

(5) The officer or body failed to file with the transcript	1568
conclusions of fact supporting the final order, adjudication, or	1569
decision appealed from.	1570

(B) If any circumstance described in divisions (A)(1) to (5)	1571
of this section applies, the court shall hear the appeal upon the	1572
transcript and additional evidence as may be introduced by any	1573
party. At the hearing, any party may call, as if on	1574
cross-examination, any witness who previously gave testimony in	1575
opposition to that party.	1576

Sec. 2506.08. If an appeal is taken under section 2506.05 of	1577
the Revised Code, the court may find that the order, adjudication,	1578
or decision is unconstitutional, illegal, arbitrary, capricious,	1579
unreasonable, or unsupported by the preponderance of substantial,	1580
reliable, and probative evidence on the whole record. Consistent	1581
with its findings, the court may affirm, reverse, vacate, or	1582
modify the order, adjudication, or decision, or remand the cause	1583
to the officer or body appealed from with instructions to enter an	1584
order, adjudication, or decision consistent with the findings or	1585
opinion of the court. If the order, adjudication, or decision is	1586
remanded to the officer or body appealed from with those	1587
instructions, the officer or body shall enter the consistent	1588
order, adjudication, or decision within five days after that	1589
remand. The judgment of the court may be appealed by any party on	1590
questions of law as provided in the Rules of Appellate Procedure	1591
and, to the extent not in conflict with those rules, Chapter 2505.	1592
of the Revised Code.	1593

Sec. 2907.01.  As used in sections 2907.01 to 2907.372907.38	1594
of the Revised Code:	1595

(A) "Sexual conduct" means vaginal intercourse between a male	1596
and female; anal intercourse, fellatio, and cunnilingus between	1597
persons regardless of sex; and, without privilege to do so, the	1598
insertion, however slight, of any part of the body or any	1599
instrument, apparatus, or other object into the vaginal or anal	1600
cavity of another. Penetration, however slight, is sufficient to	1601
complete vaginal or anal intercourse.	1602

(B) "Sexual contact" means any touching of an erogenous zone	1603
of another, including without limitation the thigh, genitals,	1604
buttock, pubic region, or, if the person is a female, a breast,	1605
for the purpose of sexually arousing or gratifying either person.	1606

(C) "Sexual activity" means sexual conduct or sexual contact,	1607
or both.	1608

(D) "Prostitute" means a male or female who promiscuously	1609
engages in sexual activity for hire, regardless of whether the	1610
hire is paid to the prostitute or to another.	1611

(E) "Harmful to juveniles" means that quality of any material	1612
or performance describing or representing nudity, sexual conduct,	1613
sexual excitement, or sado-masochistic abuse in any form to which	1614
all of the following apply:	1615

(1) The material or performance, when considered as a whole,	1616
appeals to the prurient interest in sex of juveniles.	1617

(2) The material or performance is patently offensive to	1618
prevailing standards in the adult community as a whole with	1619
respect to what is suitable for juveniles.	1620

(3) The material or performance, when considered as a whole,	1621
lacks serious literary, artistic, political, and scientific value	1622
for juveniles.	1623

(F) When considered as a whole, and judged with reference to	1624
ordinary adults or, if it is designed for sexual deviates or other	1625
specially susceptible group, judged with reference to that group,	1626
any material or performance is "obscene" if any of the following	1627
apply:	1628

(1) Its dominant appeal is to prurient interest;

1629

(2) Its dominant tendency is to arouse lust by displaying or	1630
depicting sexual activity, masturbation, sexual excitement, or	1631
nudity in a way that tends to represent human beings as mere	1632
objects of sexual appetite;	1633

(3) Its dominant tendency is to arouse lust by displaying or	1634
depicting bestiality or extreme or bizarre violence, cruelty, or	1635
brutality;	1636

(4) Its dominant tendency is to appeal to scatological	1637
interest by displaying or depicting human bodily functions of	1638
elimination in a way that inspires disgust or revulsion in persons	1639
with ordinary sensibilities, without serving any genuine	1640
scientific, educational, sociological, moral, or artistic purpose;	1641

(5) It contains a series of displays or descriptions of	1642
sexual activity, masturbation, sexual excitement, nudity,	1643
bestiality, extreme or bizarre violence, cruelty, or brutality, or	1644
human bodily functions of elimination, the cumulative effect of	1645
which is a dominant tendency to appeal to prurient or scatological	1646
interest, when the appeal to such an interest is primarily for its	1647
own sake or for commercial exploitation, rather than primarily for	1648
a genuine scientific, educational, sociological, moral, or	1649
artistic purpose.	1650

(G) "Sexual excitement" means the condition of human male or	1651
female genitals when in a state of sexual stimulation or arousal.	1652

(H) "Nudity" means the showing, representation, or depiction	1653
of human male or female genitals, pubic area, or buttocks with	1654
less than a full, opaque covering, or of a female breast with less	1655
than a full, opaque covering of any portion thereof below the top	1656
of the nipple, or of covered male genitals in a discernibly turgid	1657
state.	1658

(I) "Juvenile" means an unmarried person under the age of	1659
eighteen.	1660

(J) "Material" means any book, magazine, newspaper, pamphlet,	1661
poster, print, picture, figure, image, description, motion picture	1662
film, phonographic record, or tape, or other tangible thing	1663
capable of arousing interest through sight, sound, or touch and	1664
includes an image or text appearing on a computer monitor,	1665
television screen, liquid crystal display, or similar display	1666
device or an image or text recorded on a computer hard disk,	1667
computer floppy disk, compact disk, magnetic tape, or similar data	1668
storage device.	1669

(K) "Performance" means any motion picture, preview, trailer,	1670
play, show, skit, dance, or other exhibition performed before an	1671
audience.	1672

(L) "Spouse" means a person married to an offender at the	1673
time of an alleged offense, except that such person shall not be	1674
considered the spouse when any of the following apply:	1675

(1) When the parties have entered into a written separation	1676
agreement authorized by section 3103.06 of the Revised Code;	1677

(2) During the pendency of an action between the parties for	1678
annulment, divorce, dissolution of marriage, or legal separation;	1679

(3) In the case of an action for legal separation, after the	1680
effective date of the judgment for legal separation.	1681

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

1682

(N) "Mental health client or patient" has the same meaning as	1683
in section 2305.51 of the Revised Code.	1684

(O) "Mental health professional" has the same meaning as in	1685
section 2305.115 of the Revised Code.	1686

(P) "Sado-masochistic abuse" means flagellation or torture by	1687
or upon a person or the condition of being fettered, bound, or	1688
otherwise physically restrained.	1689

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

1690

(1) "Commercial establishment" means an entity that is open	1691
to the public and to which either of the following applies:	1692

(a) It has a substantial or significant portion of its stock	1693
in trade of the sale, rental, or viewing of visual materials or	1694
performances depicting sexual conduct.	1695

(b) It has as a principal business purpose the sale, rental,	1696
or viewing of visual materials or performances depicting sexual	1697
conduct.	1698

(2) "Visual materials or performances" means films, videos,	1699
CD-ROM discs, streaming video, or other motion pictures.	1700

(B) No person who has custody, control, or supervision of a	1701
commercial establishment, with knowledge of the character of the	1702
visual material or performance involved, shall knowingly permit	1703
the use of, or offer the use of, viewing booths, stalls, or	1704
partitioned portions of a room located in the commercial	1705
establishment for the purpose of viewing visual materials or	1706
performances depicting sexual conduct unless both of the following	1707
apply:	1708

(1) The inside of each booth, stall, or partitioned room is	1709
visible from, and at least one side of each booth, stall, or	1710
partitioned room is open to, a continuous and contiguous main	1711
aisle or hallway that is open to the public areas of the	1712
commercial establishment and is not obscured by any curtain, door,	1713
or other covering or enclosure.	1714

(2) No booth, stall, or partitioned room is designed,	1715
constructed, pandered, or allowed to be used for the purpose of	1716
encouraging or facilitating nudity or sexual activity on the part	1717
of or between patrons or members of the public, and no booth,	1718
stall, or partitioned room has any aperture, hole, or opening for	1719
the purpose of encouraging or facilitating nudity or sexual	1720
activity.	1721

(C) It is an affirmative defense to a charge under this	1722
section that either of the following applies to the involved	1723
visual materials or performances:	1724

(1) The visual materials or performances depicting sexual	1725
conduct are disseminated or presented for a bona fide medical,	1726
scientific, educational, religious, governmental, judicial, or	1727
other proper purpose and by or to a physician, psychologist,	1728
sociologist, scientist, teacher, person pursuing bona fide studies	1729
or research, librarian, member of the clergy, prosecutor, judge,	1730
or other person having a proper interest in the visual materials	1731
or performances.	1732

(2) The visual materials or performances depicting sexual	1733
conduct, taken as a whole, would be found by a reasonable person	1734
to have serious literary, artistic, political, or scientific value	1735
or are presented or disseminated in good faith for a serious	1736
literary, artistic, political, or scientific purpose and are not	1737
pandered for their prurient appeal.	1738

(D) Whoever violates this section is guilty of permitting	1739
unlawful operation of viewing booths depicting sexual conduct, a	1740
misdemeanor of the first degree.	1741

Sec. 2907.39. (A) As used in this section:

1742

(1) "Adult arcade" means any place to which the public is	1743
permitted or invited in which coin-operated, slug-operated, or	1744
electronically, electrically, or mechanically controlled still or	1745
motion picture machines, projectors, or other image-producing	1746
devices are regularly maintained to show images to five or fewer	1747
persons per machine at any one time, and in which the images so	1748
displayed are distinguished or characterized by their emphasis	1749
upon matter exhibiting or describing specified sexual activities	1750
or specified anatomical areas.	1751

(2)(a) "Adult bookstore," "adult novelty store," or "adult	1752
video store" means a commercial establishment that, for any form	1753
of consideration, has as a significant or substantial portion of	1754
its stock-in-trade in, derives a significant or substantial	1755
portion of its revenues from, devotes a significant or substantial	1756
portion of its interior business or advertising to, or maintains a	1757
substantial section of its sales or display space for the sale or	1758
rental of any of the following:	1759

(i) Books, magazines, periodicals, or other printed matter,	1760
or photographs, films, motion pictures, video cassettes, compact	1761
discs, slides, or other visual representations, that are	1762
characterized by their emphasis upon the exhibition or description	1763
of specified sexual activities or specified anatomical areas;	1764

(ii) Instruments, devices, or paraphernalia that are designed	1765
for use or marketed primarily for stimulation of human genital	1766
organs or for sadomasochistic use or abuse of self or others.	1767

(b) "Adult bookstore," "adult novelty store," or "adult video	1768
store" includes a commercial establishment as defined in section	1769
2907.38 of the Revised Code. An establishment may have other	1770
principal business purposes that do not involve the offering for	1771
sale, rental, or viewing of materials exhibiting or describing	1772
specified sexual activities or specified anatomical areas and	1773
still be categorized as an adult bookstore, adult novelty store,	1774
or adult video store. The existence of other principal business	1775
purposes does not exempt an establishment from being categorized	1776
as an adult bookstore, adult novelty store, or adult video store	1777
so long as one of its principal business purposes is offering for	1778
sale or rental, for some form of consideration, such materials	1779
that exhibit or describe specified sexual activities or specified	1780
anatomical areas.	1781

(3) "Adult cabaret" means a nightclub, bar, juice bar,	1782
restaurant, bottle club, or similar commercial establishment,	1783
whether or not alcoholic beverages are served, that regularly	1784
features any of the following:	1785

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

1786

(b) Live performances that are characterized by the exposure	1787
of specified anatomical areas or specified sexual activities;	1788

(c) Films, motion pictures, video cassettes, slides, or other	1789
photographic reproductions that are distinguished or characterized	1790
by their emphasis upon the exhibition or description of specified	1791
sexual activities or specified anatomical areas.	1792

(4) "Adult entertainment" means the sale, rental, or	1793
exhibition, for any form of consideration, of books, films, video	1794
cassettes, magazines, periodicals, or live performances that are	1795
characterized by an emphasis on the exposure or display of	1796
specified anatomical areas or specified sexual activity.	1797

(5) "Adult entertainment establishment" means an adult	1798
arcade, adult bookstore, adult novelty store, adult video store,	1799
adult cabaret, adult motion picture theater, adult theater, nude	1800
or seminude model studio, or sexual encounter establishment. An	1801
establishment in which a medical practitioner, psychologist,	1802
psychiatrist, or similar professional person licensed by the state	1803
engages in medically approved and recognized therapy, including,	1804
but not limited to, massage therapy, as regulated pursuant to	1805
section 4731.15 of the Revised Code, is not an "adult	1806
entertainment establishment."	1807

(6) "Adult motion picture theater" means a commercial	1808
establishment where films, motion pictures, video cassettes,	1809
slides, or similar photographic reproductions that are	1810
distinguished or characterized by their emphasis upon the	1811
exhibition or description of specified sexual activities or	1812
specified anatomical areas are regularly shown for any form of	1813
consideration.	1814

(7) "Adult theater" means a theater, concert hall,	1815
auditorium, or similar commercial establishment that, for any form	1816
of consideration, regularly features persons who appear in a state	1817
of nudity or seminudity or live performances that are	1818
characterized by their emphasis upon the exposure of specified	1819
anatomical areas or specified sexual activities.	1820

(8) "Distinguished or characterized by their emphasis upon"	1821
means the dominant or principal character and theme of the object	1822
described by this phrase. For instance, when the phrase refers to	1823
films "that are distinguished or characterized by their emphasis	1824
upon the exhibition or description of specified sexual activities	1825
or specified anatomical areas," the films so described are those	1826
whose dominant or principal character and theme are the exhibition	1827
or description of specified sexual activities or specified	1828
anatomical areas.	1829

(9)(a) "Nude or seminude model studio" means any place where	1830
a person, who regularly appears in a state of nudity or	1831
seminudity, is provided for money or any other form of	1832
consideration to be observed, sketched, drawn, painted,	1833
sculptured, photographed, or similarly depicted by other persons.	1834

(b) A modeling class or studio is not a nude or seminude	1835
model studio and is not subject to this chapter if it is operated	1836
in any of the following ways:	1837

(i) By a college or university supported entirely or partly	1838
by taxation;	1839

(ii) By a private college or university that maintains and	1840
operates educational programs, the credits for which are	1841
transferable to a college or university supported entirely or	1842
partly by taxation;	1843

(iii) In a structure that has no sign visible from the	1844
exterior of the structure and no other advertising indicating that	1845
a person appearing in a state of nudity or seminudity is available	1846
for viewing, if in order to participate in a class in the	1847
structure, a student must enroll at least three days in advance of	1848
the class and if not more than one nude or seminude model is on	1849
the premises at any one time.	1850

(10) "Nudity," "nude," or "state of nudity" means the showing	1851
of the human male or female genitals, pubic area, vulva, anus,	1852
anal cleft, or cleavage with less than a fully opaque covering; or	1853
the showing of the female breasts with less than a fully opaque	1854
covering of any part of the nipple.	1855

(11) "Regularly features" or "regularly shown" means a	1856
consistent or substantial course of conduct, such that the films	1857
or performances exhibited constitute a substantial portion of the	1858
films or performances offered as a part of the ongoing business of	1859
the adult entertainment establishment.	1860

(12) "Seminude" or "state of seminudity" means a state of	1861
dress in which opaque clothing covers not more than the genitals,	1862
pubic region, and nipple of the female breast, as well as portions	1863
of the body covered by supporting straps or devices.	1864

(13)(a) "Sexual encounter establishment" means a business or	1865
commercial establishment that, as one of its principal business	1866
purposes, offers for any form of consideration a place where	1867
either of the following occur:	1868

(i) Two or more persons may congregate, associate, or consort	1869
for the purpose of engaging in specified sexual activities.	1870

(ii) Two or more persons appear nude or seminude for the	1871
purpose of displaying their nude or seminude bodies for their	1872
receipt of consideration or compensation in any type or form.	1873

(b) An establishment where a medical practitioner,	1874
psychologist, psychiatrist, or similar professional person	1875
licensed by the state engages in medically approved and recognized	1876
therapy, including, but not limited to, massage therapy, as	1877
regulated pursuant to section 4731.15 of the Revised Code, is not	1878
a "sexual encounter establishment."	1879

(14) "Specified anatomical areas" means the cleft of the	1880
buttocks, anus, male or female genitals, or the female breast.	1881

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

1882

(a) Sex acts, normal or perverted, or actual or simulated,	1883
including intercourse, oral copulation, masturbation, or sodomy;	1884

(b) Excretory functions as a part of or in connection with	1885
any of the activities described in division (A)(15)(a) of this	1886
section.	1887

(B) No person knowingly shall allow an individual, including,	1888
but not limited to, a patron, customer, or employee, who is under	1889
eighteen years of age on the premises of an adult entertainment	1890
establishment.	1891

(C) No individual who is under eighteen years of age	1892
knowingly shall show or give false information concerning the	1893
individual's name or age, or other false identification, for the	1894
purpose of gaining entrance to an adult entertainment	1895
establishment.	1896

(D) A person shall not be found guilty of a violation of	1897
division (B) of this section if the person raises as an	1898
affirmative defense and if the jury or, in a nonjury trial, the	1899
court finds the person has established by a preponderance of the	1900
evidence, all of the following:	1901

(1) The individual gaining entrance to the adult	1902
entertainment establishment exhibited to an operator, employee,	1903
agent, or independent contractor of the adult entertainment	1904
establishment a driver's or commercial driver's license or an	1905
identification card issued under sections 4507.50 and 4507.52 of	1906
the Revised Code showing that the individual was then at least	1907
eighteen years of age.	1908

(2) The operator, employee, agent, or independent contractor	1909
made a bona fide effort to ascertain the true age of the	1910
individual gaining entrance to the adult entertainment	1911
establishment by checking the identification presented, at the	1912
time of entrance, to ascertain that the description on the	1913
identification compared with the appearance of the individual and	1914
that the identification had not been altered in any way.	1915

(3) The operator, employee, agent, or independent contractor	1916
had reason to believe that the individual gaining entrance to the	1917
adult entertainment establishment was at least eighteen years of	1918
age.	1919

(E) In any criminal action in which the affirmative defense	1920
described in division (D) of this section is raised, the registrar	1921
of motor vehicles or the deputy registrar who issued a driver's or	1922
commercial driver's license or an identification card under	1923
sections 4507.50 and 4507.52 of the Revised Code shall be	1924
permitted to submit certified copies of the records, in the	1925
registrar's or deputy registrar's possession, of the issuance of	1926
the license or identification card in question, in lieu of the	1927
testimony of the personnel of the bureau of motor vehicles in the	1928
action.	1929

(F)(1) Whoever violates division (B) of this section is	1930
guilty of permitting a juvenile on the premises of an adult	1931
entertainment establishment, a misdemeanor of the first degree.	1932
Each day a person violates this division constitutes a separate	1933
offense.	1934

(2) Whoever violates division (C) of this section is guilty	1935
of use by a juvenile of false information to enter an adult	1936
entertainment establishment, a delinquent act that would be a	1937
misdemeanor of the fourth degree if committed by an adult.	1938

Sec. 4301.25.  (A) The liquor control commission may suspend	1939
or revoke any permit issued under this chapter or Chapter 4303. of	1940
the Revised Code for the violation of any of the applicable	1941
restrictions of either chapter or of any lawful rule of the	1942
commission, for other sufficient cause, and for the following	1943
causes:	1944

(1) Conviction of the holder or the holder's agent or	1945
employee for violating division (B) of section 2907.39 of the	1946
Revised Code or a section of this chapter or Chapter 4303. of the	1947
Revised Code or for a felony;	1948

(2) The entry of a judgment pursuant to division (D) or (E)	1949
of section 3767.05 of the Revised Code against a permit holder or	1950
the holder's agent or employee finding the existence of a nuisance	1951
at a liquor permit premises or finding the existence of a nuisance	1952
as a result of the operation of a liquor permit premises;	1953

(3) Making any false material statement in an application for	1954
a permit;	1955

(4) Assigning, transferring, or pledging a permit contrary to	1956
the rules of the commission;	1957

(5) Selling or promising to sell beer or intoxicating liquor	1958
to a wholesale or retail dealer who is not the holder of a proper	1959
permit at the time of the sale or promise;	1960

(6) Failure of the holder of a permit to pay an excise tax	1961
together with any penalties imposed by the law relating to that	1962
failure and for violation of any rule of the department of	1963
taxation in pursuance of the tax and penalties.	1964

(B) The liquor control commission shall revoke a permit	1965
issued pursuant to this chapter or Chapter 4303. of the Revised	1966
Code upon the conviction of the holder of the permit of a	1967
violation of division (C)(1) of section 2913.46 of the Revised	1968
Code.	1969

(C)(1) When the commission considers the length of a	1970
suspension of a permit, it may consider the volume of the business	1971
of the permit holder, so that the length of the suspension is in	1972
proportion to the seriousness of the offense and the permit	1973
holder's business in order that the suspension serve as a penalty	1974
and a deterrent. Evidence as to the volume of business of the	1975
permit holder may be offered by the permit holder or subpoenaed by	1976
the commission.	1977

(2) When the commission considers the length of a proposed	1978
suspension of a permit and the proposed suspension results from an	1979
offense that was committed during a compliance check as defined in	1980
section 4301.635 of the Revised Code, the commission may consider	1981
whether trickery, deceit, or deception was used in the conduct of	1982
the compliance check.	1983

Section 2. That existing sections 303.02, 309.09, 503.29,	1984
504.04, 504.15, 519.02, 1901.182, 1901.31, 1907.012, 1907.20,	1985
2151.022, 2152.02, 2505.08, 2506.01, 2506.02, 2506.03, 2506.04,	1986
2907.01, and 4301.25 and sections 503.51, 503.52, 503.53, 503.54,	1987
503.55, 503.56, 503.57, 503.58, 503.59, 503.65, and 503.99 of the	1988
Revised Code are hereby repealed.	1989

Section 3. In enacting new sections 503.51 and 503.52 and	1990
sections 2907.38 and 2907.39 of the Revised Code, the General	1991
Assembly makes the following statement of intent and findings:	1992

(A)(1) Adult entertainment establishments require special	1993
supervision from the public safety agencies of this state in order	1994
to protect and preserve the health, safety, morals, and welfare of	1995
the patrons and employees of the businesses as well as the	1996
citizens of this state.	1997

(2) The General Assembly finds that adult entertainment	1998
establishments are frequently used for unlawful sexual activities,	1999
including prostitution and sexual liaisons of a casual nature.	2000

(3) The concern over sexually transmitted diseases is a	2001
legitimate health concern of this state that demands reasonable	2002
regulation of adult entertainment establishments by the state in	2003
the specified manner, and expanded authority for reasonable	2004
regulation of adult entertainment establishments by local	2005
governments, in order to protect the health and well-being of the	2006
citizens.	2007

(4) Minimal regulations enacted by local governments or the	2008
state are a legitimate and reasonable means of accountability to	2009
ensure that operators of adult entertainment establishments comply	2010
with reasonable regulations and to ensure that operators do not	2011
knowingly allow their establishments to be used as places of	2012
illegal sexual activity or solicitation.	2013

(5) There is convincing documented evidence that adult	2014
entertainment establishments, because of their very nature, have a	2015
deleterious effect on both the existing businesses around them and	2016
the surrounding residential areas adjacent to them and cause	2017
increased crime, particularly in the overnight hours, and the	2018
downgrading of property values.	2019

(6) The General Assembly desires to minimize and control	2020
these adverse effects by regulating adult entertainment	2021
establishments in the specified manner and by expanding the	2022
authority of local governments to regulate adult entertainment	2023
establishments and, by minimizing and controlling these adverse	2024
effects, to protect the health, safety, and welfare of the	2025
citizenry; protect the citizens from increased crime; preserve the	2026
quality of life; preserve the property values and character of	2027
surrounding neighborhoods; and deter the spread of urban blight.	2028

(7) The General Assembly has determined that current local	2029
zoning and other locational criteria do not adequately protect the	2030
health, safety, and general welfare of the people of this state	2031
and that expanded local government authority to regulate adult	2032
entertainment establishments is necessary.	2033

(8) It is not the intent of the General Assembly in enacting	2034
this act to suppress, or authorize the suppression of, any speech	2035
activities protected by the First Amendment but to enact	2036
content-neutral statutes that expand local government authority to	2037
address the secondary effects of adult entertainment	2038
establishments.	2039

(9) It is not the intent of the General Assembly to condone	2040
or legitimize the distribution of obscene material, and the	2041
General Assembly recognizes that state and federal law prohibits	2042
the distribution of obscene materials and expects and encourages	2043
state law enforcement officials to enforce state obscenity	2044
statutes against any such illegal activities in this state.	2045

(B) It is the intent of the General Assembly in enacting new	2046
sections 503.51 and 503.52 and sections 2907.38 and 2907.39 of the	2047
Revised Code to regulate in the specified manner, and to expand	2048
the authority of local governments to regulate, adult	2049
entertainment establishments in order to promote the health,	2050
safety, morals, and general welfare of the citizens of this state	2051
and establish reasonable regulations to prevent the deleterious	2052
secondary effects of adult entertainment establishments within	2053
this state. The provisions of new sections 503.51 and 503.52 and	2054
sections 2907.38 and 2907.39 of the Revised Code have neither the	2055
purpose nor effect of imposing a limitation or restriction on the	2056
content of any communicative materials, including sexually	2057
oriented materials. Similarly, it is not the intent nor effect of	2058
the General Assembly in enacting new sections 503.51 and 503.52	2059
and sections 2907.38 and 2907.39 of the Revised Code to restrict	2060
or deny, or authorize the restriction or denial of, access by	2061
adults to sexually oriented materials protected by the First	2062
Amendment, or to deny, or authorize the denial of, access by the	2063
distributors and exhibitors of adult entertainment and adult	2064
materials to their intended market. Neither is it the intent nor	2065
effect of the General Assembly in enacting new sections 503.51 and	2066
503.52 and sections 2907.38 and 2907.39 of the Revised Code to	2067
condone or legitimize the distribution or exhibition of obscene	2068
material.	2069

(C) Based on evidence concerning the adverse secondary	2070
effects of adult uses on communities presented in hearings and in	2071
reports made available to the legislature and on findings	2072
incorporated in the cases of City of Littleton, Colorado v. Z.J.	2073
Gifts D-4, L.L.C. (2004), 541 U.S. 774, City of Erie v. Pap's	2074
A.M. (2000), 529 U.S. 277; Barnes v. Glen Theatre, Inc. (1991),	2075
501 U.S. 560; City of Renton v. Playtime Theatres, Inc. (1986),	2076
475 U.S. 41; Young v. American Mini Theatres (1976), 426 U.S. 50;	2077
California v. LaRue (1972), 409 U.S. 109; DLS, Inc. v. City of	2078
Chattanooga (6th Cir. 1997) 107 F.3d 403; East Brooks Books, Inc.	2079
v. City of Memphis, (6th Cir. 1995), 48 F.3d 220; Harris v.	2080
Fitchville Township Trustees (N.D. Ohio 2000), 99 F. Supp.2d 837;	2081
Bamon Corp. v. City of Dayton (S.D. Ohio 1990), 730 F. Supp. 90,	2082
aff'd (6th Cir. 1991), 923 F.2d 470; Broadway Books v. Roberts	2083
(E.D. Tenn. 1986), 642 F. Supp. 486; Bright Lights, Inc. v. City	2084
of Newport (E.D. Ky. 1993), 830 F. Supp. 378; Richland Bookmart v.	2085
Nichols (6th Cir. 1998), 137 F.3d 435; Deja Vu v. Metro Government	2086
(6th Cir. 1999), 1999 U.S. App. LEXIS 535; Threesome Entertainment	2087
v. Strittmather (N.D. Ohio 1998), 4 F.Supp.2d 710; J.L. Spoons,	2088
Inc. v. City of Brunswick (N.D. Ohio 1999), 49 F. Supp.2d 1032;	2089
Triplett Grille, Inc. v. City of Akron (6th Cir. 1994) 40 F.3d	2090
129; Nightclubs, Inc. v. City of Paducah (6th Cir. 2000), 202 F.3d	2091
884; O'Connor v. City and County of Denver (10th Cir. 1990), 894	2092
F.2d 1210; Deja Vu of Nashville, Inc., et al. v. Metropolitan	2093
Government of Nashville and Davidson County (6th Cir. 2001), 2001	2094
U.S. App. LEXIS 26007; State of Ohio ex rel. Rothal v. Smith (Ohio	2095
C.P. 2002), Summit C.P. No. CV 01094594; Z.J. Gifts D-2, L.L.C. v.	2096
City of Aurora (10th Cir. 1998), 136 F.3d 683; Connection Distrib.	2097
Co. v. Reno (6th Cir. 1998), 154 F.3d 281; Sundance Assocs. v.	2098
Reno (10th Cir. 1998), 139 F.3d 804; American Library Association	2099
v. Reno (D.C. Cir. 1994), 33 F.3d 78; American Target Advertising,	2100
Inc. v. Giani (10th Cir. 2000), 199 F.3d 1241; and other cases and	2101
on reports of secondary effects occurring in and around adult	2102
entertainment establishments in Phoenix, Arizona (1984);	2103
Minneapolis, Minnesota (1980); Houston, Texas (1983);	2104
Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden	2105
Grove, California (1991); Los Angeles, California (1977);	2106
Whittier, California (1978); Austin, Texas (1986); Seattle,	2107
Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio	2108
(1977); Dallas, Texas (1997); St. Croix County, Wisconsin (1993);	2109
Bellevue, Washington (1998); Newport News, Virginia (1996);	2110
Tucson, Arizona (1990); St. Paul, Minnesota (1988); Oklahoma City,	2111
Oklahoma (1986 and 1992); Beaumont, Texas (1982); New York, New	2112
York (1994); Ellicottville, New York (1998); Des Moines, Iowa	2113
(1984); Islip, New York (1980); Adams County, Colorado (1987);	2114
Manatee County, Florida (1987); New Hanover County, North Carolina	2115
(1989); Las Vegas, Nevada (1978); Cattaraugas County, New York	2116
(1998); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso,	2117
Texas (1986); New York Times Square study (1994); Report to ACLJ	2118
on the Secondary Impacts of Sex Oriented Businesses (1996); the	2119
findings from the Report of the Attorney General's Working Group	2120
On The Regulation Of Sexually Oriented Businesses (June 6, 1989,	2121
State of Minnesota); and on testimony to Congress in 136 Cong.	2122
Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636, 134	2123
Cong. Rec. E. 3750; and also on findings from the paper entitled	2124
"Stripclubs According to Strippers: Exposing Workplace Sexual	2125
Violence," by Kelly Holsopple, Program Director, Freedom and	2126
Justice Center for Prostitution Resources, Minneapolis, Minnesota;	2127
and from "Sexually Oriented Businesses: An Insider's View," by	2128
David Sherman, presented to the Michigan House Committee on Ethics	2129
and Constitutional Law, Jan. 12, 2000; and from various other	2130
police reports, testimony, newspaper reports, and other	2131
documentary evidence, the General Assembly finds:	2132

(1) Adult entertainment establishments lend themselves to	2133
ancillary unlawful and unhealthy activities that are presently	2134
uncontrolled by the operators of the establishments. Further,	2135
there is presently no statewide mechanism, and no general or	2136
comprehensive grant of authority enabling local governments, to	2137
make the owners of these establishments responsible for the	2138
activities that occur on their premises.	2139

(2) Certain employees of adult entertainment establishments,	2140
as defined in section 2907.39 of the Revised Code as adult	2141
theaters and cabarets, engage in a higher incidence of certain	2142
types of illicit sexual behavior than employees of other	2143
establishments.	2144

(3) Sexual acts, including masturbation and oral and anal	2145
sex, occur at adult entertainment establishments, especially those	2146
that provide private or semiprivate booths or cubicles for viewing	2147
films, videos, or live sex shows. The "couch dances" or "lap	2148
dances" that frequently occur in adult entertainment	2149
establishments featuring live nude or seminude dancers constitute	2150
or may constitute the offense of "engaging in prostitution" under	2151
section 2907.25 of the Revised Code.	2152

(4) Offering and providing such space encourages such	2153
activities, which creates unhealthy conditions.	2154

(5) Persons frequent certain adult theaters, adult arcades,	2155
and other adult entertainment establishments for the purpose of	2156
engaging in sexual activity within the premises of those adult	2157
entertainment establishments.	2158

(6) Numerous communicable diseases may be spread by	2159
activities occurring in sexually oriented businesses, including,	2160
but not limited to, syphilis, gonorrhea, human immunodeficiency	2161
virus infection (HIV-AIDS), genital herpes, hepatitis salmonella,	2162
campylobacter and shigella infections, chlamydial, myoplasmal and	2163
ureoplasmal infections, trichomoniasis, and chancroid.	2164

(7) Since 1981 and to the present, there has been an	2165
increasing cumulative number of reported cases of AIDS caused by	2166
the human immunodeficiency virus (HIV) in the United States: 600	2167
in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985, and 253,448	2168
through December 31, 1992.	2169

(8) A total of 10,255 AIDS cases had been reported in Ohio as	2170
of January 1999. Ohio has required HIV case reporting since 1990,	2171
and the reported information shows 7,969 people living with (HIV)	2172
(4,213) and (AIDS) (3,756) in the state.	2173

(9) Since 1981 and to the present, there have been an	2174
increasing cumulative number of persons testing positive for the	2175
HIV antibody test in Ohio.	2176

(10) The number of cases of early (less than one year)	2177
syphilis in the Unites States reported annually has risen. 33,613	2178
cases were reported in 1982, and 45,200 cases were reported	2179
through November 1990.	2180

(11) The number of cases of gonorrhea in the United States	2181
reported annually remains at a high level, with over one-half	2182
million cases being reported in 1990.	2183

(12) The Surgeon General of the United States in his report	2184
of October 22, 1986, has advised the American public that AIDS and	2185
HIV infection may be transmitted through sexual contact,	2186
intravenous drug abuse, and exposure to infected blood and blood	2187
components, and from an infected mother to her newborn.	2188

(13) According to the best scientific evidence, AIDS and HIV	2189
infection, as well as syphilis and gonorrhea, are principally	2190
transmitted by sexual acts.	2191

(14) Sanitary conditions in some adult entertainment	2192
establishments are unhealthy, in part, because the activities	2193
conducted there are unhealthy, and, in part, because of the	2194
unregulated nature of the activities and the failure of the owners	2195
and the operators of the facilities to self-regulate those	2196
activities and maintain those facilities.	2197

(15) The findings noted in divisions (C)(1) to (14) of this	2198
section raise substantial governmental concerns.	2199

(16) Adult entertainment establishments have operational	2200
characteristics that should subject them to reasonable government	2201
regulation in order to protect those substantial governmental	2202
concerns.	2203

(17) The enactment of new sections 503.51 and 503.52 and	2204
sections 2907.38 and 2907.39 of the Revised Code will promote the	2205
general welfare, health, morals, and safety of the citizens of	2206
this state.	2207

Section 4.  Section 303.02 of the Revised Code is presented	2208
in this act as a composite of the section as amended by both Sub.	2209
H.B. 411 and Am. Sub. S.B. 18 of the 125th General Assembly.	2210
Section 519.02 of the Revised Code is presented in this act as a	2211
composite of the section as amended by both Sub. H.B. 411 and Am.	2212
Sub. S.B. 18 of the 125th General Assembly. Section 2151.022 of	2213
the Revised Code is presented in this act as a composite of the	2214
section as amended by both Am. Sub. S.B. 179 and Sub. S.B. 218 of	2215
the 123rd General Assembly. The General Assembly, applying the	2216
principle stated in division (B) of section 1.52 of the Revised	2217
Code that amendments are to be harmonized if reasonably capable of	2218
simultaneous operation, finds that the composite is the resulting	2219
version of the section in effect prior to the effective date of	2220
the section as presented in this act.	2221