As Reported by the Senate Rules Committee

126th General Assembly Regular Session 2005-2006

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 

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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.	146

(ii) Upon the request of a township in the county that has	147
adopted, or in which has been adopted, a resolution of that nature	148
that is made pursuant to division (E)(1)(a) of section 503.52 of	149
the Revised Code, the prosecuting attorney shall prosecute and	150
defend on behalf of the township a civil action to enjoin the	151
violation of the resolution in question.	152

(iii) Upon the request of a township in the county that has	153
adopted, or in which has been adopted, a resolution of that nature	154
that is made pursuant to division (E)(1)(b) of section 503.52 of	155
the Revised Code, the prosecuting attorney shall prosecute and	156
defend on behalf of the township a civil action under Chapter	157
3767. of the Revised Code to abate as a nuisance the place in the	158
unincorporated area of the township at which the resolution is	159
being or has been violated. Proceeds from the sale of personal	160
property or contents seized pursuant to the action shall be	161
applied and deposited in accordance with division (E)(1)(b) of	162
section 503.52 of the Revised Code.	163

(b) The provisions of division (B)(2)(a) of this section	164
apply regarding all townships, including townships that have	165
adopted a limited home rule government pursuant to Chapter 504. of	166
the Revised Code, and regardless of whether a township that has so	167
adopted a limited home rule government has entered into a contract	168
with the prosecuting attorney as described in division (B) of	169
section 504.15 of the Revised Code or has appointed a law director	170
as described in division (A) of that section.	171

The prosecuting attorney shall prosecute and defend in the	172
actions and proceedings described in division (B)(2)(a) of this	173
section without charge to the township for which the services are	174
performed.	175

(C) Whenever the board of county commissioners employs an	176
attorney other than the prosecuting attorney of the county,	177
without the authorization of the court of common pleas as provided	178
in section 305.14 of the Revised Code, either for a particular	179
matter or on an annual basis, to represent the board in its	180
official capacity and to advise it on legal matters, the board	181
shall enter upon its journal an order of the board in which the	182
compensation to be paid for the legal services shall be fixed. The	183
compensation shall be paid from the county general fund. The total	184
compensation paid, in any year, by the board for legal services	185
under this division shall not exceed the total annual compensation	186
of the prosecuting attorney for that county.	187

(D) The prosecuting attorney and the board of county	188
commissioners jointly may contract with a board of park	189
commissioners under section 1545.07 of the Revised Code for the	190
prosecuting attorney to provide legal services to the park	191
district the board of park commissioners operates.	192

(E) The prosecuting attorney may be, in the prosecuting	193
attorney's discretion and with the approval of the board of county	194
commissioners, the legal adviser of a joint fire district created	195
under section 505.371 of the Revised Code at no cost to the	196
district or may be the legal adviser to the district under a	197
contract that the prosecuting attorney and the district enter	198
into, and that the board of county commissioner approves, to	199
authorize the prosecuting attorney to provide legal services to	200
the district.	201

(F) The prosecuting attorney may be, in the prosecuting	202
attorney's discretion and with the approval of the board of county	203
commissioners, the legal adviser of a joint ambulance district	204
created under section 505.71 of the Revised Code at no cost to the	205
district or may be the legal adviser to the district under a	206
contract that the prosecuting attorney and the district enter	207
into, and that the board of county commissioners approves, to	208
authorize the prosecuting attorney to provide legal services to	209
the district.	210

(G) The prosecuting attorney may be, in the prosecuting	211
attorney's discretion and with the approval of the board of county	212
commissioners, the legal adviser of a joint emergency medical	213
services district created under section 307.052 of the Revised	214
Code at no cost to the district or may be the legal adviser to the	215
district under a contract that the prosecuting attorney and the	216
district enter into, and that the board of county commissioners	217
approves, to authorize the prosecuting attorney to provide legal	218
services to the district.	219

(H) The prosecuting attorney may be, in the prosecuting	220
attorney's discretion and with the approval of the board of county	221
commissioners, the legal adviser of a fire and ambulance district	222
created under section 505.375 of the Revised Code at no cost to	223
the district or may be the legal adviser to the district under a	224
contract that the prosecuting attorney and the district enter	225
into, and that the board of county commissioners approves, to	226
authorize the prosecuting attorney to provide legal services to	227
the district.	228

(I) All money received pursuant to a contract entered into	229
under division (D), (E), (F), (G), or (H) of this section shall be	230
deposited into the prosecuting attorney's legal services fund,	231
which shall be established in the county treasury of each county	232
in which such a contract exists. Moneys in that fund may be	233
appropriated only to the prosecuting attorney for the purpose of	234
providing legal services to a park district, joint fire district,	235
joint ambulance district, joint emergency medical services	236
district, or a fire and ambulance district, as applicable, under a	237
contract entered into under the applicable division.	238

Sec. 503.51. As used in sections 503.51 to 503.53 of the	239
Revised Code, "adult arcade," "adult bookstore," "adult novelty	240
store," "adult video store," "adult cabaret," "adult entertainment	241
establishment," "adult motion picture theater," "adult theater,"	242
"distinguished or characterized by their emphasis upon," "nude or	243
seminude model studio," "nudity," "nude," "state of nudity,"	244
"regularly features," "regularly shown," "seminude," "state of	245
seminudity," "sexual encounter establishment," "specified	246
anatomical areas," and "specified sexual activity" have the same	247
meanings as in section 2907.39 of the Revised Code.	248

Sec. 503.52. (A) Townships have authority to exercise all	249
powers of local self-government regarding the operation of adult	250
entertainment establishments within their limits and to adopt and	251
enforce within their limits any local police, sanitary, and	252
similar regulations regarding the operation of adult entertainment	253
establishments that are not in conflict with general laws. The	254
regulations may include, but are not limited to, antinudity	255
restrictions, limitations on hours of operation, interior	256
configuration requirements, and requirements that adult	257
entertainment establishments and their employees obtain licenses	258
or permits to operate as or to be employed by an adult	259
entertainment establishment. The authority granted under this	260
division shall be exercised by the adoption of resolutions and may	261
include the adoption of resolutions that create one or more	262
criminal offenses and impose criminal penalties related to the	263
operation of adult entertainment establishments or may provide for	264
civil sanction for violations of regulations established under the	265
resolutions. Townships have the same rights, powers, and duties	266
pursuant to the authority granted under this division as municipal	267
corporations have under Section 3, Article XVIII, Ohio	268
Constitution relative to their authority to exercise powers of	269
local self-government and to adopt and enforce within their limits	270
local police, sanitary, and similar regulations, except to the	271
extent that the rights, powers, and duties that the municipal	272
corporations have by their nature clearly are inapplicable to	273
townships and to the exercise by townships of their authority	274
granted under this division. No regulation adopted under authority	275
of this division shall be in conflict with any provision in	276
Chapter 4303. of the Revised Code, or with any rule adopted by the	277
division of liquor control pursuant to that chapter, that	278
regulates establishments that hold a liquor permit.	279

(B) The authority of a township granted under division (A) of	280
this section applies to all townships. If a township has adopted a	281
limited home rule government pursuant to Chapter 504. of the	282
Revised Code, the authority granted under division (A) of this	283
section is in addition to the powers and authority granted to the	284
township under Chapter 504. of the Revised Code.	285

(C) In case of conflict between any resolution enacted by a	286
board of township trustees under the authority granted under	287
division (A) of this section and a municipal ordinance or	288
resolution, the ordinance or resolution enacted by the municipal	289
corporation prevails. In case of conflict between any resolution	290
enacted by a board of township trustees under the authority	291
granted under division (A) of this section and a county	292
resolution, the resolution enacted by the board of township	293
trustees prevails.	294

(D) All proceeds from criminal and civil sanctions for	295
violation of a regulation established by a township under a	296
resolution adopted under division (A) of this section that are	297
paid to the township shall be applied initially to the payment of	298
costs incurred in the prosecution and enforcement of the	299
resolution, including, but not limited to, court costs, reasonable	300
attorney's fees, and other litigation expenses incurred by the	301
county or township.	302

(E)(1)(a) When it appears that a resolution adopted under	303
division (A) of this section or section 503.53 of the Revised Code	304
is being or is about to be violated, the township in which the	305
violation is taking place may request the prosecuting attorney of	306
the county in which the township is located to prosecute and	307
defend on behalf of the township a civil action to enjoin the	308
violation. If the township does not request the prosecuting	309
attorney to prosecute and defend an action to enjoin the	310
violation, the legal counsel of that township, if other than the	311
prosecuting attorney, may prosecute and defend a civil action to	312
enjoin the violation.	313

(b) A township may request the prosecuting attorney of the	314
county in which the township is located to prosecute and defend on	315
behalf of the township a civil action under Chapter 3767. of the	316
Revised Code to abate as a nuisance any place in the	317
unincorporated area of the township at which a resolution adopted	318
under division (A) of this section or section 503.53 of the	319
Revised Code is being or has been violated. If the township does	320
not request the prosecuting attorney to prosecute and defend an	321
action under that chapter, the legal counsel of the township, if	322
other than the prosecuting attorney, may prosecute and defend an	323
action under that chapter for that purpose. All proceeds from the	324
sale of personal property or contents seized pursuant to the	325
action shall be applied initially to the payment of costs incurred	326
in the prosecution of the action and the costs associated with the	327
abatement and sale ordered under division (A) of section 3767.06	328
of the Revised Code, including, but not limited to, court costs,	329
reasonable attorney's fees, and other litigation expenses incurred	330
by the county or township. Any proceeds remaining after that	331
initial application shall be deposited into the township treasury	332
and credited to the general fund.	333

(c) If a township has adopted one or more resolutions	334
regarding the operation of adult entertainment establishments	335
pursuant to the authority that is granted under division (A) of	336
this section or if a township resolution of that nature has been	337
adopted under section 503.53 of the Revised Code and the validity	338
of the resolution is challenged, the township may request the	339
prosecuting attorney of the county in which the township is	340
located to prosecute and defend on behalf of the township in the	341
trial and argument in any court or tribunal of the challenge to	342
the validity of the resolution.	343

(2) Division (E)(1) of this section applies regarding all	344
townships, including townships that have adopted a limited home	345
rule government pursuant to Chapter 504. of the Revised Code and	346
regardless of whether a township that has so adopted a limited	347
home rule government has entered into a contract with the	348
prosecuting attorney as described in division (B) of section	349
504.15 of the Revised Code or has appointed a law director as	350
described in division (A) of that section.	351

Upon the request of any township in the county served by the	352
prosecuting attorney made pursuant to division (E)(1)(a), (b), or	353
(c) of this section, the prosecuting attorney shall prosecute and	354
defend in the action or proceeding as requested, as specified in	355
division (B)(2) of section 309.09 of the Revised Code, without	356
charge to the township for which the service is performed.	357

Sec. 503.29.        Sec. 503.53. (A) Resolutions of the type described in	358
division (B)(A) of section 503.65503.52 of the Revised Code may	359
be proposed by initiative petition by the electors of a township	360
and adopted by election by these electors, under the same	361
circumstances, in the same manner, and subject to the same	362
penalties as provided in sections 731.28 to 731.40 and section	363
731.99 of the Revised Code for ordinances and other measures of	364
municipal corporations, insofar as those sections are applicable	365
to townships, except as follows:	366

(A)(1) The board of township trustees shall perform the	367
duties imposed on the legislative authority of the municipal	368
corporation under those sections.	369

(B)(2) Initiative petitions shall be filed with the township	370
fiscal officer, who shall perform the duties imposed under those	371
sections upon the city auditor or village clerk.	372

(C)(3) Initiative petitions shall contain the signatures of	373
electors of the township equal in number to at least ten per cent	374
of the total vote cast in the township for the office of governor	375
at the most recent general election for that office.	376

(D)(4) Each signer of an initiative petition shall be an	377
elector of the township in which the election on the proposed	378
resolution is to be held.	379

(B) A resolution proposed under division (A) of this section	380
may provide for the following:	381

(1) Modification of the administrative procedures, including	382
administrative zoning procedures, of the township as those	383
procedures apply to adult entertainment establishments to ensure	384
that constitutional requirements are met;	385

(2) Criminal and civil sanctions for adult entertainment	386
establishments that violate regulations established by the	387
resolution.	388

Sec. 504.04.  (A) A township that adopts a limited home rule	389
government may do all of the following by resolution, provided	390
that any of these resolutions, other than a resolution to supply	391
water or sewer services in accordance with sections 504.18 to	392
504.20 of the Revised Code, may be enforced only by the imposition	393
of civil fines as authorized in this chapter:	394

(1) Exercise all powers of local self-government within the	395
unincorporated area of the township, other than powers that are in	396
conflict with general laws, except that the township shall comply	397
with the requirements and prohibitions of this chapter, and shall	398
enact no taxes other than those authorized by general law, and	399
except that no resolution adopted pursuant to this chapter shall	400
encroach upon the powers, duties, and privileges of elected	401
township officers or change, alter, combine, eliminate, or	402
otherwise modify the form or structure of the township government	403
unless the change is required or permitted by this chapter;	404

(2) Adopt and enforce within the unincorporated area of the	405
township local police, sanitary, and other similar regulations	406
that are not in conflict with general laws or otherwise prohibited	407
by division (B) of this section;	408

(3) Supply water and sewer services to users within the	409
unincorporated area of the township in accordance with sections	410
504.18 to 504.20 of the Revised Code;	411

(4) Adopt and enforce within the unincorporated area of the	412
township any resolution of a type described in section 503.52 of	413
the Revised Code.	414

(B) No resolution adopted pursuant to this chapter shall do	415
any of the following:	416

(1) Create a criminal offense or impose criminal penalties,	417
except as authorized by division (A) of this section or by section	418
503.52 of the Revised Code;	419

(2) Impose civil fines other than as authorized by this	420
chapter;	421

(3) Establish or revise subdivision regulations, road	422
construction standards, urban sediment rules, or storm water and	423
drainage regulations, except as provided in section 504.21 of the	424
Revised Code;	425

(4) Establish or revise building standards, building codes,	426
and other standard codes except as provided in section 504.13 of	427
the Revised Code;	428

(5) Increase, decrease, or otherwise alter the powers or	429
duties of a township under any other chapter of the Revised Code	430
pertaining to agriculture or the conservation or development of	431
natural resources;	432

(6) Establish regulations affecting hunting, trapping,	433
fishing, or the possession, use, or sale of firearms;	434

(7) Establish or revise water or sewer regulations, except in	435
accordance with section 504.18, 504.19, or 504.21 of the Revised	436
Code.	437

Nothing in this chapter shall be construed as affecting the	438
powers of counties with regard to the subjects listed in divisions	439
(B)(3) to (5) of this section.	440

(C) Under a limited home rule government, all officers shall	441
have the qualifications, and be nominated, elected, or appointed,	442
as provided in Chapter 505. of the Revised Code, except that the	443
board of township trustees shall appoint a full-time or part-time	444
law director pursuant to section 504.15 of the Revised Code, and	445
except that a five-member board of township trustees approved for	446
the township before September 26, 2003, shall continue to serve as	447
the legislative authority with successive members serving for	448
four-year terms of office until a termination of a limited home	449
rule government under section 504.03 of the Revised Code.	450

(D) In case of conflict between resolutions enacted by a	451
board of township trustees and municipal ordinances or	452
resolutions, the ordinance or resolution enacted by the municipal	453
corporation prevails. In case of conflict between resolutions	454
enacted by a board of township trustees and any county resolution,	455
the resolution enacted by the board of township trustees prevails.	456

Sec. 504.15.  (A) Unless the board of township trustees acts	457
as authorized by division (B) of this section, in each township	458
that adopts the limited self-government form of township	459
government, the board of township trustees shall appoint a	460
full-time or part-time township law director, who shall be an	461
attorney licensed to practice law in this state. The board of	462
township trustees shall set the salary of the township law	463
director. The township law director shall be the legal advisor to	464
the board of township trustees, the township administrator, and	465
all other township officers, and any of them may require written	466
opinions or instructions from the township law director in matters	467
connected with their official duties. TheSubject to division (E)	468
of section 503.52 of the Revised Code, the township law director	469
shall prosecute and defend all suits and actions that any such	470
officer or board directs or to which an officer or board is a	471
party, and the township law director shall prosecute any violation	472
of a township resolution, as provided in this chapter. The	473
township law director shall review all resolutions as to form	474
prior to their introduction by a township trustee. Additional	475
legal counsel may be employed as provided in division (B) of	476
section 309.09 of the Revised Code.	477

(B) The board of township trustees may enter into a contract	478
with the prosecuting attorney of the county to have the	479
prosecuting attorney serve as the township law director, with the	480
consent of the board of county commissioners.	481

(C) Nothing in this section confers any of the powers or	482
duties of a prosecuting attorney under section 309.08 of the	483
Revised Code upon a township law director.	484

(D) Nothing in this section limits or affects the operation	485
of division (E) of section 503.52 of the Revised Code.	486

Sec. 519.02. (A) Except as otherwise provided in this	487
section, in the interest of the public health and safety, the	488
board of township trustees may regulate by resolution, in	489
accordance with a comprehensive plan, the location, height, bulk,	490
number of stories, and size of buildings and other structures,	491
including tents, cabins, and trailer coaches, percentages of lot	492
areas that may be occupied, set back building lines, sizes of	493
yards, courts, and other open spaces, the density of population,	494
the uses of buildings and other structures, including tents,	495
cabins, and trailer coaches, and the uses of land for trade,	496
industry, residence, recreation, or other purposes in the	497
unincorporated territory of the township. Except as otherwise	498
provided in this section, in the interest of the public	499
convenience, comfort, prosperity, or general welfare, the board by	500
resolution, in accordance with a comprehensive plan, may regulate	501
the location of, set back lines for, and the uses of buildings and	502
other structures, including tents, cabins, and trailer coaches,	503
and the uses of land for trade, industry, residence, recreation,	504
or other purposes in the unincorporated territory of the township,	505
and may establish reasonable landscaping standards and	506
architectural standards excluding exterior building materials in	507
the unincorporated territory of the township. Except as otherwise	508
provided in this section, in the interest of the public	509
convenience, comfort, prosperity, or general welfare, the board	510
may regulate by resolution, in accordance with a comprehensive	511
plan, for nonresidential property only, the height, bulk, number	512
of stories, and size of buildings and other structures, including	513
tents, cabins, and trailer coaches, percentages of lot areas that	514
may be occupied, sizes of yards, courts, and other open spaces,	515
and the density of population in the unincorporated territory of	516
the township. For all these purposes, the board may divide all or	517
any part of the unincorporated territory of the township into	518
districts or zones of such number, shape, and area as the board	519
determines. All such regulations shall be uniform for each class	520
or kind of building or other structure or use throughout any	521
district or zone, but the regulations in one district or zone may	522
differ from those in other districts or zones.	523

For any activities permitted and regulated under Chapter	524
1513. or 1514. of the Revised Code and any related processing	525
activities, the board of township trustees may regulate under the	526
authority conferred by this section only in the interest of public	527
health or safety.	528

(B) A board of township trustees that pursuant to this	529
chapter regulates adult entertainment establishments, as defined	530
in section 2907.39 of the Revised Code, may modify its	531
administrative zoning procedures with regard to adult	532
entertainment establishments as the board determines necessary to	533
ensure that the procedures comply with all applicable	534
constitutional requirements.	535

Sec. 1901.182.  In addition to other jurisdiction granted a	536
municipal court in the Revised Code, a municipal court has	537
jurisdiction over violations of township resolutions adopted	538
pursuant to section 503.52 or 503.53 or Chapter 504. of the	539
Revised Code. For procedural purposes, a case in which a person	540
is charged with a violation of a township resolution shall be	541
treated as a civil case, except as otherwise provided in the	542
Revised Code and except that a violation of a township resolution	543
that is adopted pursuant to section 503.52 or 503.53 of the	544
Revised Code and that creates a criminal offense or imposes	545
criminal penalties shall be treated as a criminal case.	546

Sec. 1901.31.  The clerk and deputy clerks of a municipal	547
court shall be selected, be compensated, give bond, and have	548
powers and duties as follows:	549

(A) There shall be a clerk of the court who is appointed or	550
elected as follows:	551

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	552
Toledo, Hamilton county, Portage county, and Wayne county	553
municipal courts, if the population of the territory equals or	554
exceeds one hundred thousand at the regular municipal election	555
immediately preceding the expiration of the term of the present	556
clerk, the clerk shall be nominated and elected by the qualified	557
electors of the territory in the manner that is provided for the	558
nomination and election of judges in section 1901.07 of the	559
Revised Code.	560

The clerk so elected shall hold office for a term of six	561
years, which term shall commence on the first day of January	562
following the clerk's election and continue until the clerk's	563
successor is elected and qualified.	564

(b) In the Hamilton county municipal court, the clerk of	565
courts of Hamilton county shall be the clerk of the municipal	566
court and may appoint an assistant clerk who shall receive the	567
compensation, payable out of the treasury of Hamilton county in	568
semimonthly installments, that the board of county commissioners	569
prescribes. The clerk of courts of Hamilton county, acting as the	570
clerk of the Hamilton county municipal court and assuming the	571
duties of that office, shall receive compensation at one-fourth	572
the rate that is prescribed for the clerks of courts of common	573
pleas as determined in accordance with the population of the	574
county and the rates set forth in sections 325.08 and 325.18 of	575
the Revised Code. This compensation shall be paid from the county	576
treasury in semimonthly installments and is in addition to the	577
annual compensation that is received for the performance of the	578
duties of the clerk of courts of Hamilton county, as provided in	579
sections 325.08 and 325.18 of the Revised Code.	580

(c) In the Portage county and Wayne county municipal courts,	581
the clerks of courts of Portage county and Wayne county shall be	582
the clerks, respectively, of the Portage county and Wayne county	583
municipal courts and may appoint a chief deputy clerk for each	584
branch that is established pursuant to section 1901.311 of the	585
Revised Code and assistant clerks as the judges of the municipal	586
court determine are necessary, all of whom shall receive the	587
compensation that the legislative authority prescribes. The clerks	588
of courts of Portage county and Wayne county, acting as the clerks	589
of the Portage county and Wayne county municipal courts and	590
assuming the duties of these offices, shall receive compensation	591
payable from the county treasury in semimonthly installments at	592
one-fourth the rate that is prescribed for the clerks of courts of	593
common pleas as determined in accordance with the population of	594
the county and the rates set forth in sections 325.08 and 325.18	595
of the Revised Code.	596

(d) Except as otherwise provided in division (A)(1)(d) of	597
this section, in the Akron municipal court, candidates for	598
election to the office of clerk of the court shall be nominated by	599
primary election. The primary election shall be held on the day	600
specified in the charter of the city of Akron for the nomination	601
of municipal officers. Notwithstanding any contrary provision of	602
section 3513.05 or 3513.257 of the Revised Code, the declarations	603
of candidacy and petitions of partisan candidates and the	604
nominating petitions of independent candidates for the office of	605
clerk of the Akron municipal court shall be signed by at least	606
fifty qualified electors of the territory of the court.	607

The candidates shall file a declaration of candidacy and	608
petition, or a nominating petition, whichever is applicable, not	609
later than four p.m. of the seventy-fifth day before the day of	610
the primary election, in the form prescribed by section 3513.07 or	611
3513.261 of the Revised Code. The declaration of candidacy and	612
petition, or the nominating petition, shall conform to the	613
applicable requirements of section 3513.05 or 3513.257 of the	614
Revised Code.	615

If no valid declaration of candidacy and petition is filed by	616
any person for nomination as a candidate of a particular political	617
party for election to the office of clerk of the Akron municipal	618
court, a primary election shall not be held for the purpose of	619
nominating a candidate of that party for election to that office.	620
If only one person files a valid declaration of candidacy and	621
petition for nomination as a candidate of a particular political	622
party for election to that office, a primary election shall not be	623
held for the purpose of nominating a candidate of that party for	624
election to that office, and the candidate shall be issued a	625
certificate of nomination in the manner set forth in section	626
3513.02 of the Revised Code.	627

Declarations of candidacy and petitions, nominating	628
petitions, and certificates of nomination for the office of clerk	629
of the Akron municipal court shall contain a designation of the	630
term for which the candidate seeks election. At the following	631
regular municipal election, all candidates for the office shall be	632
submitted to the qualified electors of the territory of the court	633
in the manner that is provided in section 1901.07 of the Revised	634
Code for the election of the judges of the court. The clerk so	635
elected shall hold office for a term of six years, which term	636
shall commence on the first day of January following the clerk's	637
election and continue until the clerk's successor is elected and	638
qualified.	639

(e) Except as otherwise provided in division (A)(1)(e) of	640
this section, in the Barberton municipal court, candidates for	641
election to the office of clerk of the court shall be nominated by	642
primary election. The primary election shall be held on the day	643
specified in the charter of the city of Barberton for the	644
nomination of municipal officers. Notwithstanding any contrary	645
provision of section 3513.05 or 3513.257 of the Revised Code, the	646
declarations of candidacy and petitions of partisan candidates and	647
the nominating petitions of independent candidates for the office	648
of clerk of the Barberton municipal court shall be signed by at	649
least fifty qualified electors of the territory of the court.	650

The candidates shall file a declaration of candidacy and	651
petition, or a nominating petition, whichever is applicable, not	652
later than four p.m. of the seventy-fifth day before the day of	653
the primary election, in the form prescribed by section 3513.07 or	654
3513.261 of the Revised Code. The declaration of candidacy and	655
petition, or the nominating petition, shall conform to the	656
applicable requirements of section 3513.05 or 3513.257 of the	657
Revised Code.	658

If no valid declaration of candidacy and petition is filed by	659
any person for nomination as a candidate of a particular political	660
party for election to the office of clerk of the Barberton	661
municipal court, a primary election shall not be held for the	662
purpose of nominating a candidate of that party for election to	663
that office. If only one person files a valid declaration of	664
candidacy and petition for nomination as a candidate of a	665
particular political party for election to that office, a primary	666
election shall not be held for the purpose of nominating a	667
candidate of that party for election to that office, and the	668
candidate shall be issued a certificate of nomination in the	669
manner set forth in section 3513.02 of the Revised Code.	670

Declarations of candidacy and petitions, nominating	671
petitions, and certificates of nomination for the office of clerk	672
of the Barberton municipal court shall contain a designation of	673
the term for which the candidate seeks election. At the following	674
regular municipal election, all candidates for the office shall be	675
submitted to the qualified electors of the territory of the court	676
in the manner that is provided in section 1901.07 of the Revised	677
Code for the election of the judges of the court. The clerk so	678
elected shall hold office for a term of six years, which term	679
shall commence on the first day of January following the clerk's	680
election and continue until the clerk's successor is elected and	681
qualified.	682

(f) Except as otherwise provided in division (A)(1)(f) of	683
this section, in the Cuyahoga Falls municipal court, candidates	684
for election to the office of clerk of the court shall be	685
nominated by primary election. The primary election shall be held	686
on the day specified in the charter of the city of Cuyahoga Falls	687
for the nomination of municipal officers. Notwithstanding any	688
contrary provision of section 3513.05 or 3513.257 of the Revised	689
Code, the declarations of candidacy and petitions of partisan	690
candidates and the nominating petitions of independent candidates	691
for the office of clerk of the Cuyahoga Falls municipal court	692
shall be signed by at least fifty qualified electors of the	693
territory of the court.	694

The candidates shall file a declaration of candidacy and	695
petition, or a nominating petition, whichever is applicable, not	696
later than four p.m. of the seventy-fifth day before the day of	697
the primary election, in the form prescribed by section 3513.07 or	698
3513.261 of the Revised Code. The declaration of candidacy and	699
petition, or the nominating petition, shall conform to the	700
applicable requirements of section 3513.05 or 3513.257 of the	701
Revised Code.	702

If no valid declaration of candidacy and petition is filed by	703
any person for nomination as a candidate of a particular political	704
party for election to the office of clerk of the Cuyahoga Falls	705
municipal court, a primary election shall not be held for the	706
purpose of nominating a candidate of that party for election to	707
that office. If only one person files a valid declaration of	708
candidacy and petition for nomination as a candidate of a	709
particular political party for election to that office, a primary	710
election shall not be held for the purpose of nominating a	711
candidate of that party for election to that office, and the	712
candidate shall be issued a certificate of nomination in the	713
manner set forth in section 3513.02 of the Revised Code.	714

Declarations of candidacy and petitions, nominating	715
petitions, and certificates of nomination for the office of clerk	716
of the Cuyahoga Falls municipal court shall contain a designation	717
of the term for which the candidate seeks election. At the	718
following regular municipal election, all candidates for the	719
office shall be submitted to the qualified electors of the	720
territory of the court in the manner that is provided in section	721
1901.07 of the Revised Code for the election of the judges of the	722
court. The clerk so elected shall hold office for a term of six	723
years, which term shall commence on the first day of January	724
following the clerk's election and continue until the clerk's	725
successor is elected and qualified.	726

(g) Except as otherwise provided in division (A)(1)(g) of	727
this section, in the Toledo municipal court, candidates for	728
election to the office of clerk of the court shall be nominated by	729
primary election. The primary election shall be held on the day	730
specified in the charter of the city of Toledo for the nomination	731
of municipal officers. Notwithstanding any contrary provision of	732
section 3513.05 or 3513.257 of the Revised Code, the declarations	733
of candidacy and petitions of partisan candidates and the	734
nominating petitions of independent candidates for the office of	735
clerk of the Toledo municipal court shall be signed by at least	736
fifty qualified electors of the territory of the court.	737

The candidates shall file a declaration of candidacy and	738
petition, or a nominating petition, whichever is applicable, not	739
later than four p.m. of the seventy-fifth day before the day of	740
the primary election, in the form prescribed by section 3513.07 or	741
3513.261 of the Revised Code. The declaration of candidacy and	742
petition, or the nominating petition, shall conform to the	743
applicable requirements of section 3513.05 or 3513.257 of the	744
Revised Code.	745

If no valid declaration of candidacy and petition is filed by	746
any person for nomination as a candidate of a particular political	747
party for election to the office of clerk of the Toledo municipal	748
court, a primary election shall not be held for the purpose of	749
nominating a candidate of that party for election to that office.	750
If only one person files a valid declaration of candidacy and	751
petition for nomination as a candidate of a particular political	752
party for election to that office, a primary election shall not be	753
held for the purpose of nominating a candidate of that party for	754
election to that office, and the candidate shall be issued a	755
certificate of nomination in the manner set forth in section	756
3513.02 of the Revised Code.	757

Declarations of candidacy and petitions, nominating	758
petitions, and certificates of nomination for the office of clerk	759
of the Toledo municipal court shall contain a designation of the	760
term for which the candidate seeks election. At the following	761
regular municipal election, all candidates for the office shall be	762
submitted to the qualified electors of the territory of the court	763
in the manner that is provided in section 1901.07 of the Revised	764
Code for the election of the judges of the court. The clerk so	765
elected shall hold office for a term of six years, which term	766
shall commence on the first day of January following the clerk's	767
election and continue until the clerk's successor is elected and	768
qualified.	769

(2)(a) Except for the Alliance, Auglaize county, Brown	770
county, Columbiana county, Lorain, Massillon, and Youngstown	771
municipal courts, in a municipal court for which the population of	772
the territory is less than one hundred thousand, the clerk shall	773
be appointed by the court, and the clerk shall hold office until	774
the clerk's successor is appointed and qualified.	775

(b) In the Alliance, Lorain, Massillon, and Youngstown	776
municipal courts, the clerk shall be elected for a term of office	777
as described in division (A)(1)(a) of this section.	778

(c) In the Auglaize county and Brown county municipal courts,	779
the clerks of courts of Auglaize county and Brown county shall be	780
the clerks, respectively, of the Auglaize county and Brown county	781
municipal courts and may appoint a chief deputy clerk for each	782
branch that is established pursuant to section 1901.311 of the	783
Revised Code, and assistant clerks as the judge of the court	784
determines are necessary, all of whom shall receive the	785
compensation that the legislative authority prescribes. The clerks	786
of courts of Auglaize county and Brown county, acting as the	787
clerks of the Auglaize county and Brown county municipal courts	788
and assuming the duties of these offices, shall receive	789
compensation payable from the county treasury in semimonthly	790
installments at one-fourth the rate that is prescribed for the	791
clerks of courts of common pleas as determined in accordance with	792
the population of the county and the rates set forth in sections	793
325.08 and 325.18 of the Revised Code.	794

(d) In the Columbiana county municipal court, the clerk of	795
courts of Columbiana county shall be the clerk of the municipal	796
court, may appoint a chief deputy clerk for each branch office	797
that is established pursuant to section 1901.311 of the Revised	798
Code, and may appoint any assistant clerks that the judges of the	799
court determine are necessary. All of the chief deputy clerks and	800
assistant clerks shall receive the compensation that the	801
legislative authority prescribes. The clerk of courts of	802
Columbiana county, acting as the clerk of the Columbiana county	803
municipal court and assuming the duties of that office, shall	804
receive compensation payable from the county treasury in	805
semimonthly installments at one-fourth the rate that is prescribed	806
for the clerks of courts of common pleas as determined in	807
accordance with the population of the county and the rates set	808
forth in sections 325.08 and 325.18 of the Revised Code.	809

(3) During the temporary absence of the clerk due to illness,	810
vacation, or other proper cause, the court may appoint a temporary	811
clerk, who shall be paid the same compensation, have the same	812
authority, and perform the same duties as the clerk.	813

(B) Except in the Hamilton county, Portage county, and Wayne	814
county municipal courts, if a vacancy occurs in the office of the	815
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	816
court or occurs in the office of the clerk of a municipal court	817
for which the population of the territory equals or exceeds one	818
hundred thousand because the clerk ceases to hold the office	819
before the end of the clerk's term or because a clerk-elect fails	820
to take office, the vacancy shall be filled, until a successor is	821
elected and qualified, by a person chosen by the residents of the	822
territory of the court who are members of the county central	823
committee of the political party by which the last occupant of	824
that office or the clerk-elect was nominated. Not less than five	825
nor more than fifteen days after a vacancy occurs, those members	826
of that county central committee shall meet to make an appointment	827
to fill the vacancy. At least four days before the date of the	828
meeting, the chairperson or a secretary of the county central	829
committee shall notify each such member of that county central	830
committee by first class mail of the date, time, and place of the	831
meeting and its purpose. A majority of all such members of that	832
county central committee constitutes a quorum, and a majority of	833
the quorum is required to make the appointment. If the office so	834
vacated was occupied or was to be occupied by a person not	835
nominated at a primary election, or if the appointment was not	836
made by the committee members in accordance with this division,	837
the court shall make an appointment to fill the vacancy. A	838
successor shall be elected to fill the office for the unexpired	839
term at the first municipal election that is held more than one	840
hundred twenty days after the vacancy occurred.	841

(C)(1) In a municipal court, other than the Auglaize county,	842
the Brown county, the Columbiana county, and the Lorain municipal	843
courts, for which the population of the territory is less than one	844
hundred thousand, the clerk of the municipal court shall receive	845
the annual compensation that the presiding judge of the court	846
prescribes, if the revenue of the court for the preceding calendar	847
year, as certified by the auditor or chief fiscal officer of the	848
municipal corporation in which the court is located or, in the	849
case of a county-operated municipal court, the county auditor, is	850
equal to or greater than the expenditures, including any debt	851
charges, for the operation of the court payable under this chapter	852
from the city treasury or, in the case of a county-operated	853
municipal court, the county treasury for that calendar year, as	854
also certified by the auditor or chief fiscal officer. If the	855
revenue of a municipal court, other than the Auglaize county, the	856
Brown county, the Columbiana county, and the Lorain municipal	857
courts, for which the population of the territory is less than one	858
hundred thousand for the preceding calendar year as so certified	859
is not equal to or greater than those expenditures for the	860
operation of the court for that calendar year as so certified, the	861
clerk of a municipal court shall receive the annual compensation	862
that the legislative authority prescribes. As used in this	863
division, "revenue" means the total of all costs and fees that are	864
collected and paid to the city treasury or, in a county-operated	865
municipal court, the county treasury by the clerk of the municipal	866
court under division (F) of this section and all interest received	867
and paid to the city treasury or, in a county-operated municipal	868
court, the county treasury in relation to the costs and fees under	869
division (G) of this section.	870

(2) In a municipal court, other than the Hamilton county,	871
Portage county, and Wayne county municipal courts, for which the	872
population of the territory is one hundred thousand or more, and	873
in the Lorain municipal court, the clerk of the municipal court	874
shall receive annual compensation in a sum equal to eighty-five	875
per cent of the salary of a judge of the court.	876

(3) The compensation of a clerk described in division (C)(1)	877
or (2) of this section is payable in semimonthly installments from	878
the same sources and in the same manner as provided in section	879
1901.11 of the Revised Code.	880

(D) Before entering upon the duties of the clerk's office,	881
the clerk of a municipal court shall give bond of not less than	882
six thousand dollars to be determined by the judges of the court,	883
conditioned upon the faithful performance of the clerk's duties.	884

(E) The clerk of a municipal court may do all of the	885
following: administer oaths, take affidavits, and issue executions	886
upon any judgment rendered in the court, including a judgment for	887
unpaid costs; issue, sign, and attach the seal of the court to all	888
writs, process, subpoenas, and papers issuing out of the court;	889
and approve all bonds, sureties, recognizances, and undertakings	890
fixed by any judge of the court or by law. The clerk may refuse to	891
accept for filing any pleading or paper submitted for filing by a	892
person who has been found to be a vexatious litigator under	893
section 2323.52 of the Revised Code and who has failed to obtain	894
leave to proceed under that section. The clerk shall do all of the	895
following: file and safely keep all journals, records, books, and	896
papers belonging or appertaining to the court; record the	897
proceedings of the court; perform all other duties that the judges	898
of the court may prescribe; and keep a book showing all receipts	899
and disbursements, which book shall be open for public inspection	900
at all times.	901

The clerk shall prepare and maintain a general index, a	902
docket, and other records that the court, by rule, requires, all	903
of which shall be the public records of the court. In the docket,	904
the clerk shall enter, at the time of the commencement of an	905
action, the names of the parties in full, the names of the	906
counsel, and the nature of the proceedings. Under proper dates,	907
the clerk shall note the filing of the complaint, issuing of	908
summons or other process, returns, and any subsequent pleadings.	909
The clerk also shall enter all reports, verdicts, orders,	910
judgments, and proceedings of the court, clearly specifying the	911
relief granted or orders made in each action. The court may order	912
an extended record of any of the above to be made and entered,	913
under the proper action heading, upon the docket at the request of	914
any party to the case, the expense of which record may be taxed as	915
costs in the case or may be required to be prepaid by the party	916
demanding the record, upon order of the court.	917

(F) The clerk of a municipal court shall receive, collect,	918
and issue receipts for all costs, fees, fines, bail, and other	919
moneys payable to the office or to any officer of the court. The	920
clerk shall each month disburse to the proper persons or officers,	921
and take receipts for, all costs, fees, fines, bail, and other	922
moneys that the clerk collects. Subject to sections 3375.50 and	923
4511.193 of the Revised Code and to any other section of the	924
Revised Code that requires a specific manner of disbursement of	925
any moneys received by a municipal court and except for the	926
Hamilton county, Lawrence county, and Ottawa county municipal	927
courts, the clerk shall pay all fines received for violation of	928
municipal ordinances into the treasury of the municipal	929
corporation the ordinance of which was violated and shall pay all	930
fines received for violation of township resolutions adopted	931
pursuant to section 503.52 or 503.53 or Chapter 504. of the	932
Revised Code into the treasury of the township the resolution of	933
which was violated. Subject to sections 1901.024 and 4511.193 of	934
the Revised Code, in the Hamilton county, Lawrence county, and	935
Ottawa county municipal courts, the clerk shall pay fifty per cent	936
of the fines received for violation of municipal ordinances and	937
fifty per cent of the fines received for violation of township	938
resolutions adopted pursuant to section 503.52 or 503.53 or	939
Chapter 504. of the Revised Code into the treasury of the county.	940
Subject to sections 3375.50, 3375.53, 4511.19, and 5503.04 of the	941
Revised Code and to any other section of the Revised Code that	942
requires a specific manner of disbursement of any moneys received	943
by a municipal court, the clerk shall pay all fines collected for	944
the violation of state laws into the county treasury. Except in a	945
county-operated municipal court, the clerk shall pay all costs and	946
fees the disbursement of which is not otherwise provided for in	947
the Revised Code into the city treasury. The clerk of a	948
county-operated municipal court shall pay the costs and fees the	949
disbursement of which is not otherwise provided for in the Revised	950
Code into the county treasury. Moneys deposited as security for	951
costs shall be retained pending the litigation. The clerk shall	952
keep a separate account of all receipts and disbursements in civil	953
and criminal cases, which shall be a permanent public record of	954
the office. On the expiration of the term of the clerk, the clerk	955
shall deliver the records to the clerk's successor. The clerk	956
shall have other powers and duties as are prescribed by rule or	957
order of the court.	958

(G) All moneys paid into a municipal court shall be noted on	959
the record of the case in which they are paid and shall be	960
deposited in a state or national bank, or a domestic savings and	961
loan association, as defined in section 1151.01 of the Revised	962
Code, that is selected by the clerk. Any interest received upon	963
the deposits shall be paid into the city treasury, except that, in	964
a county-operated municipal court, the interest shall be paid into	965
the treasury of the county in which the court is located.	966

On the first Monday in January of each year, the clerk shall	967
make a list of the titles of all cases in the court that were	968
finally determined more than one year past in which there remains	969
unclaimed in the possession of the clerk any funds, or any part of	970
a deposit for security of costs not consumed by the costs in the	971
case. The clerk shall give notice of the moneys to the parties who	972
are entitled to the moneys or to their attorneys of record. All	973
the moneys remaining unclaimed on the first day of April of each	974
year shall be paid by the clerk to the city treasurer, except	975
that, in a county-operated municipal court, the moneys shall be	976
paid to the treasurer of the county in which the court is located.	977
The treasurer shall pay any part of the moneys at any time to the	978
person who has the right to the moneys upon proper certification	979
of the clerk.	980

(H) Deputy clerks may be appointed by the clerk and shall	981
receive the compensation, payable in semimonthly installments out	982
of the city treasury, that the clerk may prescribe, except that	983
the compensation of any deputy clerk of a county-operated	984
municipal court shall be paid out of the treasury of the county in	985
which the court is located. Each deputy clerk shall take an oath	986
of office before entering upon the duties of the deputy clerk's	987
office and, when so qualified, may perform the duties appertaining	988
to the office of the clerk. The clerk may require any of the	989
deputy clerks to give bond of not less than three thousand	990
dollars, conditioned for the faithful performance of the deputy	991
clerk's duties.	992

(I) For the purposes of this section, whenever the population	993
of the territory of a municipal court falls below one hundred	994
thousand but not below ninety thousand, and the population of the	995
territory prior to the most recent regular federal census exceeded	996
one hundred thousand, the legislative authority of the municipal	997
corporation may declare, by resolution, that the territory shall	998
be considered to have a population of at least one hundred	999
thousand.	1000

(J) The clerk or a deputy clerk shall be in attendance at all	1001
sessions of the municipal court, although not necessarily in the	1002
courtroom, and may administer oaths to witnesses and jurors and	1003
receive verdicts.	1004

Sec. 1907.012.  In addition to other jurisdiction granted a	1005
county court in the Revised Code, a county court has jurisdiction	1006
over violations of township resolutions adopted pursuant to	1007
section 503.52 or 503.53 or Chapter 504. of the Revised Code. For	1008
procedural purposes, a case in which a person is charged with the	1009
violation of a township resolution shall be treated as a civil	1010
case, except as otherwise provided in the Revised Code and except	1011
that a violation of a township resolution that is adopted pursuant	1012
to section 503.52 or 503.53 of the Revised Code and that creates a	1013
criminal offense or imposes criminal penalties shall be treated as	1014
a criminal case.	1015

Sec. 1907.20.  (A) The clerk of courts shall be the clerk of	1016
the county court, except that the board of county commissioners,	1017
with the concurrence of the county court judges, may appoint a	1018
clerk for each county court judge, who shall serve at the pleasure	1019
of the board and shall receive compensation as set by the board,	1020
payable in semimonthly installments from the treasury of the	1021
county. An appointed clerk, before entering upon the duties of the	1022
office, shall give bond of not less than five thousand dollars, as	1023
determined by the board of county commissioners, conditioned upon	1024
the faithful performance of the clerk's duties.	1025

The clerks of courts of common pleas, when acting as the	1026
clerks of county courts, and upon assuming their county court	1027
duties, shall receive compensation at one-fourth the rate	1028
prescribed for the clerks of courts of common pleas as determined	1029
in accordance with the population of the county and the rates set	1030
forth in sections 325.08 and 325.18 of the Revised Code. This	1031
compensation shall be paid from the county treasury in semimonthly	1032
installments and is in addition to the annual compensation	1033
received for the performance of the duties of the clerk of a court	1034
of common pleas as provided in sections 325.08 and 325.18 of the	1035
Revised Code.	1036

(B) The clerk of a county court shall have general powers to	1037
administer oaths, take affidavits, and issue executions upon any	1038
judgment rendered in the county court, including a judgment for	1039
unpaid costs, power to issue and sign all writs, process,	1040
subpoenas, and papers issuing out of the court, and to attach the	1041
seal of the court to them, and power to approve all bonds,	1042
sureties, recognizances, and undertakings fixed by any judge of	1043
the court or by law. The clerk shall file and safely keep all	1044
journals, records, books, and papers belonging or appertaining to	1045
the court, record its proceedings, perform all other duties that	1046
the judges of the court may prescribe, and keep a book showing all	1047
receipts and disbursements, which shall be open for public	1048
inspection at all times. The clerk may refuse to accept for filing	1049
any pleading or paper submitted for filing by a person who has	1050
been found to be a vexatious litigator under section 2323.52 of	1051
the Revised Code and who has failed to obtain leave to proceed	1052
under that section.	1053

The clerk shall prepare and maintain a general index, a	1054
docket as prescribed by the court, which shall be furnished by the	1055
board of county commissioners, and such other records as the	1056
court, by rule, requires, all of which shall be the public records	1057
of the court. In the docket, the clerk shall enter at times of the	1058
commencement of an action, the names of the parties in full, the	1059
names of the counsel, and the nature of the proceedings. Under	1060
proper dates, the clerk shall note the filing of the complaint,	1061
issuing of summons or other process, returns, and pleadings	1062
subsequent thereto. The clerk also shall enter all reports,	1063
verdicts, orders, judgments, and proceedings of the court, clearly	1064
specifying the relief granted or orders made in each action. The	1065
court may order an extended record of any of the above to be made	1066
and entered, under the proper action heading, upon the docket at	1067
the request of any party to the case, the expense of which may be	1068
taxed as costs in the case or may be required to be prepaid by the	1069
party demanding the extended record, upon order of the court.	1070

(C) The clerk of a county court shall receive and collect all	1071
costs, fees, fines, penalties, bail, and other moneys payable to	1072
the office or to any officer of the court and issue receipts	1073
therefor, and shall each month disburse the costs, fees, fines,	1074
penalties, bail, and other moneys to the proper persons or	1075
officers and take receipts therefor. Subject to sections 3375.51,	1076
3375.53, 4511.19, 4511.193, and 5503.04 of the Revised Code and	1077
all other statutes that require a different distribution of fines,	1078
fines received for violations of municipal ordinances shall be	1079
paid into the treasury of the municipal corporation whose	1080
ordinance was violated, fines received for violations of township	1081
resolutions adopted pursuant to section 503.52 or 503.53 or	1082
Chapter 504. of the Revised Code shall be paid into the treasury	1083
of the township whose resolution was violated, and fines collected	1084
for the violation of state laws shall be paid into the county	1085
treasury. Moneys deposited as security for costs shall be retained	1086
pending the litigation.	1087

The clerk shall keep a separate account of all receipts and	1088
disbursements in civil and criminal cases. The separate account	1089
shall be a permanent public record of the office. On the	1090
expiration of a clerk's term, those records shall be delivered to	1091
the clerk's successor.	1092

The clerk shall have such other powers and duties as are	1093
prescribed by rule or order of the court.	1094

(D) All moneys paid into a county court shall be noted on the	1095
record of the case in which they are paid and shall be deposited	1096
in a state or national bank selected by the clerk. On the first	1097
Monday in January of each year, the clerk shall make a list of the	1098
titles of all cases in the county court that were finally	1099
determined more than one year past in which there remains	1100
unclaimed in the possession of the clerk any funds, or any part of	1101
a deposit for security of costs not consumed by the costs in the	1102
case. The clerk shall give notice of the moneys to the parties	1103
entitled to them or to their attorneys of record. All the moneys	1104
remaining unclaimed on the first day of April of each year shall	1105
be paid by the clerk to the county treasurer. Any part of the	1106
moneys shall be paid by the county treasurer at any time to the	1107
person having the right to them, upon proper certification of the	1108
clerk.	1109

(E)(1) In county court districts having appointed clerks,	1110
deputy clerks may be appointed by the board of county	1111
commissioners. Clerks and deputy clerks shall receive such	1112
compensation payable in semimonthly installments out of the county	1113
treasury as the board may prescribe. Each deputy clerk shall take	1114
an oath of office before entering upon the duties of the deputy	1115
clerk's office and, when so qualified, may perform the duties	1116
appertaining to the office of the clerk. The clerk may require any	1117
of the deputy clerks to give bond of not less than three thousand	1118
dollars, conditioned for the faithful performance of the deputy	1119
clerk's duties.	1120

(2) A clerk of courts acting as clerk of the county court may	1121
appoint deputy clerks to perform the duties pertaining to the	1122
office of clerk of the county court. Each deputy clerk shall take	1123
an oath of office before entering upon the deputy clerk's duties,	1124
and the clerk of courts may require the deputy clerk to give bond	1125
of not less than three thousand dollars, conditioned for the	1126
faithful performance of the deputy clerk's duties.	1127

(3) The clerk or a deputy clerk of a county court shall be in	1128
attendance at all sessions of the court, although not necessarily	1129
in the courtroom, and may administer oaths to witnesses and jurors	1130
and receive verdicts.	1131

(F)(1) In county court districts having appointed clerks, the	1132
board of county commissioners may order the establishment of one	1133
or more branch offices of the clerk and, with the concurrence of	1134
the county judges, may appoint a special deputy clerk to	1135
administer each branch office. Each special deputy clerk shall	1136
take an oath of office before entering upon the duties of the	1137
deputy clerk's office and, when so qualified, may perform any one	1138
or more of the duties appertaining to the office of clerk, as the	1139
board prescribes. Special deputy clerks shall receive such	1140
compensation payable in semimonthly installments out of the county	1141
treasury as the board may prescribe. The board may require any of	1142
the special deputy clerks to give bond of not less than three	1143
thousand dollars, conditioned for the faithful performance of the	1144
deputy clerk's duties.	1145

The board of county commissioners may authorize the clerk of	1146
the county court to operate one or more branch offices, to divide	1147
the clerk's time between the offices, and to perform duties	1148
appertaining to the office of clerk in locations that the board	1149
prescribes.	1150

(2) A clerk of courts acting as clerk of the county court may	1151
establish one or more branch offices for the clerk's duties as	1152
clerk of the county court and, with the concurrence of the county	1153
court judges, may appoint a special deputy clerk to administer	1154
each branch office. Each special deputy clerk shall take an oath	1155
of office before entering upon the deputy clerk's duties and, when	1156
so qualified, may perform any of the duties pertaining to the	1157
office of clerk, as the clerk of courts prescribes. The clerk of	1158
courts may require any of the special deputy clerks to give bond	1159
of not less than three thousand dollars, conditioned for the	1160
faithful performance of the deputy clerk's duties.	1161

(G) The clerk of courts of the county shall fix the	1162
compensation of deputy clerks and special deputy clerks appointed	1163
by the clerk pursuant to this section. Those personnel shall be	1164
paid and be subject to the same requirements as other employees of	1165
the clerk under the provisions of section 325.17 of the Revised	1166
Code insofar as that section is applicable.	1167

Sec. 2151.022.  As used in this chapter, "unruly child"	1168
includes any of the following:	1169

(A) Any child who does not submit to the reasonable control	1170
of the child's parents, teachers, guardian, or custodian, by	1171
reason of being wayward or habitually disobedient;	1172

(B) Any child who is an habitual truant from school and who	1173
previously has not been adjudicated an unruly child for being an	1174
habitual truant;	1175

(C) Any child who behaves in a manner as to injure or	1176
endanger the child's own health or morals or the health or morals	1177
of others;	1178

(D) Any child who violates a law, other than division (C) of	1179
section 2907.39, division (A) of section 2923.211, or section	1180
2151.87 of the Revised Code, that is applicable only to a child.	1181

Sec. 2152.02.  As used in this chapter:

1182

(A) "Act charged" means the act that is identified in a	1183
complaint, indictment, or information alleging that a child is a	1184
delinquent child.	1185

(B) "Admitted to a department of youth services facility"	1186
includes admission to a facility operated, or contracted for, by	1187
the department and admission to a comparable facility outside this	1188
state by another state or the United States.	1189

(C)(1) "Child" means a person who is under eighteen years of	1190
age, except as otherwise provided in divisions (C)(2) to (6) of	1191
this section.	1192

(2) Subject to division (C)(3) of this section, any person	1193
who violates a federal or state law or a municipal ordinance prior	1194
to attaining eighteen years of age shall be deemed a "child"	1195
irrespective of that person's age at the time the complaint with	1196
respect to that violation is filed or the hearing on the complaint	1197
is held.	1198

(3) Any person who, while under eighteen years of age,	1199
commits an act that would be a felony if committed by an adult and	1200
who is not taken into custody or apprehended for that act until	1201
after the person attains twenty-one years of age is not a child in	1202
relation to that act.	1203

(4) Any person whose case is transferred for criminal	1204
prosecution pursuant to section 2152.12 of the Revised Code shall	1205
be deemed after the transfer not to be a child in the transferred	1206
case.	1207

(5) Any person whose case is transferred for criminal	1208
prosecution pursuant to section 2152.12 of the Revised Code and	1209
who subsequently is convicted of or pleads guilty to a felony in	1210
that case, and any person who is adjudicated a delinquent child	1211
for the commission of an act, who has a serious youthful offender	1212
dispositional sentence imposed for the act pursuant to section	1213
2152.13 of the Revised Code, and whose adult portion of the	1214
dispositional sentence is invoked pursuant to section 2152.14 of	1215
the Revised Code, shall be deemed after the transfer or invocation	1216
not to be a child in any case in which a complaint is filed	1217
against the person.	1218

(6) The juvenile court has jurisdiction over a person who is	1219
adjudicated a delinquent child or juvenile traffic offender prior	1220
to attaining eighteen years of age until the person attains	1221
twenty-one years of age, and, for purposes of that jurisdiction	1222
related to that adjudication, except as otherwise provided in this	1223
division, a person who is so adjudicated a delinquent child or	1224
juvenile traffic offender shall be deemed a "child" until the	1225
person attains twenty-one years of age. If a person is so	1226
adjudicated a delinquent child or juvenile traffic offender and	1227
the court makes a disposition of the person under this chapter, at	1228
any time after the person attains eighteen years of age, the	1229
places at which the person may be held under that disposition are	1230
not limited to places authorized under this chapter solely for	1231
confinement of children, and the person may be confined under that	1232
disposition, in accordance with division (F)(2) of section 2152.26	1233
of the Revised Code, in places other than those authorized under	1234
this chapter solely for confinement of children.	1235

(D) "Chronic truant" means any child of compulsory school age	1236
who is absent without legitimate excuse for absence from the	1237
public school the child is supposed to attend for seven or more	1238
consecutive school days, ten or more school days in one school	1239
month, or fifteen or more school days in a school year.	1240

(E) "Community corrections facility," "public safety beds,"	1241
"release authority," and "supervised release" have the same	1242
meanings as in section 5139.01 of the Revised Code.	1243

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

1244

(1) Any child, except a juvenile traffic offender, who	1245
violates any law of this state or the United States, or any	1246
ordinance of a political subdivision of the state, that would be	1247
an offense if committed by an adult;	1248

(2) Any child who violates any lawful order of the court made	1249
under this chapter or under Chapter 2151. of the Revised Code	1250
other than an order issued under section 2151.87 of the Revised	1251
Code;	1252

(3) Any child who violates division (C) of section 2907.39 or	1253
division (A) of section 2923.211 of the Revised Code;	1254

(4) Any child who is a habitual truant and who previously has	1255
been adjudicated an unruly child for being a habitual truant;	1256

(5) Any child who is a chronic truant.

1257

(G) "Discretionary serious youthful offender" means a person	1258
who is eligible for a discretionary SYO and who is not transferred	1259
to adult court under a mandatory or discretionary transfer.	1260

(H) "Discretionary SYO" means a case in which the juvenile	1261
court, in the juvenile court's discretion, may impose a serious	1262
youthful offender disposition under section 2152.13 of the Revised	1263
Code.	1264

(I) "Discretionary transfer" means that the juvenile court	1265
has discretion to transfer a case for criminal prosecution under	1266
division (B) of section 2152.12 of the Revised Code.	1267

(J) "Drug abuse offense," "felony drug abuse offense," and	1268
"minor drug possession offense" have the same meanings as in	1269
section 2925.01 of the Revised Code.	1270

(K) "Electronic monitoring" and "electronic monitoring	1271
device" have the same meanings as in section 2929.01 of the	1272
Revised Code.	1273

(L) "Economic loss" means any economic detriment suffered by	1274
a victim of a delinquent act or juvenile traffic offense as a	1275
direct and proximate result of the delinquent act or juvenile	1276
traffic offense and includes any loss of income due to lost time	1277
at work because of any injury caused to the victim and any	1278
property loss, medical cost, or funeral expense incurred as a	1279
result of the delinquent act or juvenile traffic offense.	1280
"Economic loss" does not include non-economic loss or any punitive	1281
or exemplary damages.	1282

(M) "Firearm" has the same meaning as in section 2923.11 of	1283
the Revised Code.	1284

(N) "Juvenile traffic offender" means any child who violates	1285
any traffic law, traffic ordinance, or traffic regulation of this	1286
state, the United States, or any political subdivision of this	1287
state, other than a resolution, ordinance, or regulation of a	1288
political subdivision of this state the violation of which is	1289
required to be handled by a parking violations bureau or a joint	1290
parking violations bureau pursuant to Chapter 4521. of the Revised	1291
Code.	1292

(O) A "legitimate excuse for absence from the public school	1293
the child is supposed to attend" has the same meaning as in	1294
section 2151.011 of the Revised Code.	1295

(P) "Mandatory serious youthful offender" means a person who	1296
is eligible for a mandatory SYO and who is not transferred to	1297
adult court under a mandatory or discretionary transfer.	1298

(Q) "Mandatory SYO" means a case in which the juvenile court	1299
is required to impose a mandatory serious youthful offender	1300
disposition under section 2152.13 of the Revised Code.	1301

(R) "Mandatory transfer" means that a case is required to be	1302
transferred for criminal prosecution under division (A) of section	1303
2152.12 of the Revised Code.	1304

(S) "Mental illness" has the same meaning as in section	1305
5122.01 of the Revised Code.	1306

(T) "Mentally retarded person" has the same meaning as in	1307
section 5123.01 of the Revised Code.	1308

(U) "Monitored time" and "repeat violent offender" have the	1309
same meanings as in section 2929.01 of the Revised Code.	1310

(V) "Of compulsory school age" has the same meaning as in	1311
section 3321.01 of the Revised Code.	1312

(W) "Public record" has the same meaning as in section 149.43	1313
of the Revised Code.	1314

(X) "Serious youthful offender" means a person who is	1315
eligible for a mandatory SYO or discretionary SYO but who is not	1316
transferred to adult court under a mandatory or discretionary	1317
transfer.	1318

(Y) "Sexually oriented offense," "habitual sex offender,"	1319
"juvenile offender registrant," "sexual predator," "presumptive	1320
registration-exempt sexually oriented offense,"	1321
"registration-exempt sexually oriented offense," "child-victim	1322
oriented offense," "habitual child-victim offender," and	1323
"child-victim predator" have the same meanings as in section	1324
2950.01 of the Revised Code.	1325

(Z) "Traditional juvenile" means a case that is not	1326
transferred to adult court under a mandatory or discretionary	1327
transfer, that is eligible for a disposition under sections	1328
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	1329
that is not eligible for a disposition under section 2152.13 of	1330
the Revised Code.	1331

(AA) "Transfer" means the transfer for criminal prosecution	1332
of a case involving the alleged commission by a child of an act	1333
that would be an offense if committed by an adult from the	1334
juvenile court to the appropriate court that has jurisdiction of	1335
the offense.	1336

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

1337

(1) A violation of section 2903.01 or 2903.02 of the Revised	1338
Code;	1339

(2) A violation of section 2923.02 of the Revised Code	1340
involving an attempt to commit aggravated murder or murder.	1341

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

1342

(1) A violation of section 2903.03, 2905.01, 2907.02,	1343
2909.02, 2911.01, or 2911.11 of the Revised Code;	1344

(2) A violation of section 2903.04 of the Revised Code that	1345
is a felony of the first degree;	1346

(3) A violation of section 2907.12 of the Revised Code as it	1347
existed prior to September 3, 1996.	1348

(DD) "Non-economic loss" means nonpecuniary harm suffered by	1349
a victim of a delinquent act or juvenile traffic offense as a	1350
result of or related to the delinquent act or juvenile traffic	1351
offense, including, but not limited to, pain and suffering; loss	1352
of society, consortium, companionship, care, assistance,	1353
attention, protection, advice, guidance, counsel, instruction,	1354
training, or education; mental anguish; and any other intangible	1355
loss.	1356

Sec. 2505.08.  In the case of an administrative-related	1357
appeal other than an expedited appeal brought under sections	1358
2506.05 to 2506.08 of the Revised Code, within forty days after	1359
the filing of a notice of appeal or the obtaining of a leave to	1360
appeal, as described in section 2505.04 of the Revised Code, the	1361
administrative officer, agency, board, department, tribunal,	1362
commission, or other instrumentality whose final order is being	1363
appealed shall prepare and file in the court to which the appeal	1364
is taken, a complete transcript of all the original papers,	1365
testimony, and evidence offered, heard, and taken into	1366
consideration in issuing the final order. The costs of the	1367
transcript shall be taxed as part of the costs of the appeal.	1368

Sec. 2506.01. Every(A) Except as otherwise provided in	1369
sections 2506.05 to 2506.08 of the Revised Code, and except as	1370
modified by this section and sections 2506.02 to 2506.04 of the	1371
Revised Code, every final order, adjudication, or decision of any	1372
officer, tribunal, authority, board, bureau, commission,	1373
department, or other division of any political subdivision of the	1374
state may be reviewed by the court of common pleas of the county	1375
in which the principal office of the political subdivision is	1376
located as provided in Chapter 2505. of the Revised Code, except	1377
as modified by this chapter.	1378

(B) The appeal provided in this chaptersection is in	1379
addition to any other remedy of appeal provided by law.	1380

A(C) As used in this chapter, "final order, adjudication, or	1381
decision" means an order, adjudication, or decision that	1382
determines rights, duties, privileges, benefits, or legal	1383
relationships of a person, but does not include any order,	1384
adjudication, or decision from which an appeal is granted by rule,	1385
ordinance, or statute to a higher administrative authority if a	1386
right to a hearing on such appeal is provided, or any order,	1387
adjudication, or decision that is issued preliminary to or as a	1388
result of a criminal proceeding.	1389

Sec. 2506.02.  Within forty days after filing thea notice of	1390
appeal in relation to a final order, adjudication, or decision	1391
covered by division (A) of section 2506.01 of the Revised Code,	1392
the officer or body from which the appeal is taken, upon the	1393
filing of a praecipe by the appellant, shall prepare and file in	1394
the court to which the appeal is taken, a complete transcript of	1395
all the original papers, testimony, and evidence offered, heard,	1396
and taken into consideration in issuing the final order,	1397
adjudication, or decision appealed from. The costs of suchthe	1398
transcript shall be taxed as a part of the costs of the appeal.	1399

Sec. 2506.03.  (A) The hearing of suchan appeal taken in	1400
relation to a final order, adjudication, or decision covered by	1401
division (A) of section 2506.01 of the Revised Code shall proceed	1402
as in the trial of a civil action, but the court shall be confined	1403
to the transcript as filed pursuant tounder section 2506.02 of	1404
the Revised Code unless it appears, on the face of that transcript	1405
or by affidavit filed by the appellant, that one of the following	1406
applies:	1407

(1) The transcript does not contain a report of all evidence	1408
admitted or profferredproffered by the appellant;.	1409

(2) The appellant was not permitted to appear and be heard in	1410
person, or by histhe appellant's attorney, in opposition to the	1411
final order, adjudication, or decision appealed from, and to do	1412
any of the following:	1413

(a) Present histhe appellant's position, arguments, and	1414
contentions;	1415

(b) Offer and examine witnesses and present evidence in	1416
support;	1417

(c) Cross-examine witnesses purporting to refute histhe	1418
appellant's position, arguments, and contentions;	1419

(d) Offer evidence to refute evidence and testimony offered	1420
in opposition to histhe appellant's position, arguments, and	1421
contentions;	1422

(e) Proffer any such evidence into the record, if the	1423
admission of it is denied by the officer or body appealed from.	1424

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

1425

(4) The appellant was unable to present evidence by reason of	1426
a lack of the power of subpoena by the officer or body appealed	1427
from, or the refusal, after request, of suchthat officer or body	1428
to afford the appellant opportunity to use the power of subpoena	1429
when possessed by the officer or body;.	1430

(5) The officer or body failed to file with the transcript,	1431
conclusions of fact supporting the final order, adjudication, or	1432
decision appealed from.	1433

(B) If any circumstance described in divisions (A)(1) to (5)	1434
of this section applies, the court shall hear the appeal upon the	1435
transcript and such additional evidence as may be introduced by	1436
any party. At the hearing, any party may call, as if on	1437
cross-examination, any witness who previously gave testimony in	1438
opposition to suchthat party.	1439

Sec. 2506.04. TheIf an appeal is taken in relation to a	1440
final order, adjudication, or decision covered by division (A) of	1441
section 2506.01 of the Revised Code, the court may find that the	1442
order, adjudication, or decision is unconstitutional, illegal,	1443
arbitaryarbitrary, capricious, unreasonable, or unsupported by	1444
the preponderance of substantial, reliable, and probative evidence	1445
on the whole record. Consistent with its findings, the court may	1446
affirm, reverse, vacate, or modify the order, adjudication, or	1447
decision, or remand the cause to the officer or body appealed from	1448
with instructions to enter an order, adjudication, or decision	1449
consistent with the findings or opinion of the court. The judgment	1450
of the court may be appealed by any party on questions of law as	1451
provided in the Rules of Appellate Procedure and, to the extent	1452
not in conflict with those rules, Chapter 2505. of the Revised	1453
Code.	1454

Sec. 2506.05. (A)(1) Except as modified by this section and	1455
sections 2506.06 to 2506.08 of the Revised Code, every final	1456
order, adjudication, or decision of any officer, tribunal,	1457
authority, board, bureau, commission, department, or other	1458
division of any political subdivision of the state denying an	1459
application for, or suspending or revoking, a license or permit to	1460
locate or operate an adult entertainment establishment, as defined	1461
in section 2907.39 of the Revised Code or as similarly defined by	1462
a political subdivision, may be reviewed by the court of common	1463
pleas of the county in which the principal office of the political	1464
subdivision is located as provided in Chapter 2505. of the Revised	1465
Code.	1466

(2) In addition to appeals brought pursuant to division	1467
(A)(1) of this section, a court of common pleas may hear appeals	1468
under this section and sections 2506.06 to 2506.08 of the Revised	1469
Code in cases in which the court determines that there is a threat	1470
of restraint of expression protected or presumptively protected	1471
under the First Amendment to the United States Constitution or	1472
under Section 11 of Article I, Ohio Constitution.	1473

(B) An appellant seeking to have an appeal heard under this	1474
section shall designate it as an expedited appeal by inserting the	1475
words "Expedited Appeal Requested" in conspicuous typeface in the	1476
caption of the notice of appeal.	1477

(C) In an appeal under this section, if the political	1478
subdivision does not object to the expedited appeal within three	1479
days after receiving notice of the filing of the notice of appeal	1480
or if, over the objection of the political subdivision, the court	1481
determines that there is a threat of restraint of expression	1482
protected or presumptively protected under the First Amendment of	1483
the United States Constitution or under Section 11 of Article I of	1484
the Ohio Constitution, the court shall conduct a hearing as	1485
promptly as is practicable and render a decision in a prompt and	1486
expeditious manner consistent with the United States Constitution	1487
and the Ohio Constitution. If the court denies the request for an	1488
expedited appeal, the appeal shall be heard in accordance with	1489
sections 2506.01 to 2506.04 of the Revised Code.	1490

(D) The appeal provided in this section is in addition to any	1491
other remedy of appeal provided by law.	1492

Sec. 2506.06. Within five days after receiving notice of the	1493
filing of a notice of appeal under section 2506.05 of the Revised	1494
Code, the officer or body from which the appeal is taken, upon the	1495
filing of a praecipe by the appellant, shall prepare and file in	1496
the court to which the appeal is taken, a complete transcript of	1497
all the original papers, testimony, and evidence offered, heard,	1498
and taken into consideration in issuing the final order,	1499
adjudication, or decision appealed from. The costs of the	1500
transcript shall be taxed as a part of the costs of the appeal.	1501

Sec. 2506.07. (A) The hearing of an appeal taken under	1502
section 2506.05 of the Revised Code shall proceed as in the trial	1503
of a civil action, but the court shall be confined to the	1504
transcript as filed under section 2506.06 of the Revised Code	1505
unless it appears on the face of that transcript or by affidavit	1506
filed by the appellant that one or more of the following applies:	1507

(1) The transcript does not contain a report of all evidence	1508
admitted or proffered by the appellant.	1509

(2) The appellant was not permitted to appear and be heard in	1510
person, or by the appellant's attorney, in opposition to the final	1511
order, adjudication, or decision appealed from and to do any of	1512
the following:	1513

(a) Present the appellant's position, arguments, and	1514
contentions;	1515

(b) Offer and examine witnesses and present evidence in	1516
support;	1517

(c) Cross-examine witnesses purporting to refute the	1518
appellant's position, arguments, and contentions;	1519

(d) Offer evidence to refute evidence and testimony offered	1520
in opposition to the appellant's position, arguments, and	1521
contentions;	1522

(e) Proffer any evidence offered pursuant to division	1523
(A)(2)(d) of this section into the record if the admission of it	1524
is denied by the officer or body appealed from.	1525

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

1526

(4) The appellant was unable to present evidence because of a	1527
lack of the power of subpoena by the officer or body appealed from	1528
or because of the refusal after request of that officer or body to	1529
afford the appellant opportunity to use the power of subpoena when	1530
possessed by the officer or body.	1531

(5) The officer or body failed to file with the transcript	1532
conclusions of fact supporting the final order, adjudication, or	1533
decision appealed from.	1534

(B) If any circumstance described in divisions (A)(1) to (5)	1535
of this section applies, the court shall hear the appeal upon the	1536
transcript and additional evidence as may be introduced by any	1537
party. At the hearing, any party may call, as if on	1538
cross-examination, any witness who previously gave testimony in	1539
opposition to that party.	1540

Sec. 2506.08. If an appeal is taken under section 2506.05 of	1541
the Revised Code, the court may find that the order, adjudication,	1542
or decision is unconstitutional, illegal, arbitrary, capricious,	1543
unreasonable, or unsupported by the preponderance of substantial,	1544
reliable, and probative evidence on the whole record. Consistent	1545
with its findings, the court may affirm, reverse, vacate, or	1546
modify the order, adjudication, or decision, or remand the cause	1547
to the officer or body appealed from with instructions to enter an	1548
order, adjudication, or decision consistent with the findings or	1549
opinion of the court. If the order, adjudication, or decision is	1550
remanded to the officer or body appealed from with those	1551
instructions, the officer or body shall enter the consistent	1552
order, adjudication, or decision within five days after that	1553
remand. The judgment of the court may be appealed by any party on	1554
questions of law as provided in the Rules of Appellate Procedure	1555
and, to the extent not in conflict with those rules, Chapter 2505.	1556
of the Revised Code.	1557

Sec. 2907.01.  As used in sections 2907.01 to 2907.372907.38	1558
of the Revised Code:	1559

(A) "Sexual conduct" means vaginal intercourse between a male	1560
and female; anal intercourse, fellatio, and cunnilingus between	1561
persons regardless of sex; and, without privilege to do so, the	1562
insertion, however slight, of any part of the body or any	1563
instrument, apparatus, or other object into the vaginal or anal	1564
cavity of another. Penetration, however slight, is sufficient to	1565
complete vaginal or anal intercourse.	1566

(B) "Sexual contact" means any touching of an erogenous zone	1567
of another, including without limitation the thigh, genitals,	1568
buttock, pubic region, or, if the person is a female, a breast,	1569
for the purpose of sexually arousing or gratifying either person.	1570

(C) "Sexual activity" means sexual conduct or sexual contact,	1571
or both.	1572

(D) "Prostitute" means a male or female who promiscuously	1573
engages in sexual activity for hire, regardless of whether the	1574
hire is paid to the prostitute or to another.	1575

(E) "Harmful to juveniles" means that quality of any material	1576
or performance describing or representing nudity, sexual conduct,	1577
sexual excitement, or sado-masochistic abuse in any form to which	1578
all of the following apply:	1579

(1) The material or performance, when considered as a whole,	1580
appeals to the prurient interest in sex of juveniles.	1581

(2) The material or performance is patently offensive to	1582
prevailing standards in the adult community as a whole with	1583
respect to what is suitable for juveniles.	1584

(3) The material or performance, when considered as a whole,	1585
lacks serious literary, artistic, political, and scientific value	1586
for juveniles.	1587

(F) When considered as a whole, and judged with reference to	1588
ordinary adults or, if it is designed for sexual deviates or other	1589
specially susceptible group, judged with reference to that group,	1590
any material or performance is "obscene" if any of the following	1591
apply:	1592

(1) Its dominant appeal is to prurient interest;

1593

(2) Its dominant tendency is to arouse lust by displaying or	1594
depicting sexual activity, masturbation, sexual excitement, or	1595
nudity in a way that tends to represent human beings as mere	1596
objects of sexual appetite;	1597

(3) Its dominant tendency is to arouse lust by displaying or	1598
depicting bestiality or extreme or bizarre violence, cruelty, or	1599
brutality;	1600

(4) Its dominant tendency is to appeal to scatological	1601
interest by displaying or depicting human bodily functions of	1602
elimination in a way that inspires disgust or revulsion in persons	1603
with ordinary sensibilities, without serving any genuine	1604
scientific, educational, sociological, moral, or artistic purpose;	1605

(5) It contains a series of displays or descriptions of	1606
sexual activity, masturbation, sexual excitement, nudity,	1607
bestiality, extreme or bizarre violence, cruelty, or brutality, or	1608
human bodily functions of elimination, the cumulative effect of	1609
which is a dominant tendency to appeal to prurient or scatological	1610
interest, when the appeal to such an interest is primarily for its	1611
own sake or for commercial exploitation, rather than primarily for	1612
a genuine scientific, educational, sociological, moral, or	1613
artistic purpose.	1614

(G) "Sexual excitement" means the condition of human male or	1615
female genitals when in a state of sexual stimulation or arousal.	1616

(H) "Nudity" means the showing, representation, or depiction	1617
of human male or female genitals, pubic area, or buttocks with	1618
less than a full, opaque covering, or of a female breast with less	1619
than a full, opaque covering of any portion thereof below the top	1620
of the nipple, or of covered male genitals in a discernibly turgid	1621
state.	1622

(I) "Juvenile" means an unmarried person under the age of	1623
eighteen.	1624

(J) "Material" means any book, magazine, newspaper, pamphlet,	1625
poster, print, picture, figure, image, description, motion picture	1626
film, phonographic record, or tape, or other tangible thing	1627
capable of arousing interest through sight, sound, or touch and	1628
includes an image or text appearing on a computer monitor,	1629
television screen, liquid crystal display, or similar display	1630
device or an image or text recorded on a computer hard disk,	1631
computer floppy disk, compact disk, magnetic tape, or similar data	1632
storage device.	1633

(K) "Performance" means any motion picture, preview, trailer,	1634
play, show, skit, dance, or other exhibition performed before an	1635
audience.	1636

(L) "Spouse" means a person married to an offender at the	1637
time of an alleged offense, except that such person shall not be	1638
considered the spouse when any of the following apply:	1639

(1) When the parties have entered into a written separation	1640
agreement authorized by section 3103.06 of the Revised Code;	1641

(2) During the pendency of an action between the parties for	1642
annulment, divorce, dissolution of marriage, or legal separation;	1643

(3) In the case of an action for legal separation, after the	1644
effective date of the judgment for legal separation.	1645

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

1646

(N) "Mental health client or patient" has the same meaning as	1647
in section 2305.51 of the Revised Code.	1648

(O) "Mental health professional" has the same meaning as in	1649
section 2305.115 of the Revised Code.	1650

(P) "Sado-masochistic abuse" means flagellation or torture by	1651
or upon a person or the condition of being fettered, bound, or	1652
otherwise physically restrained.	1653

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

1654

(1) "Commercial establishment" means an entity that is open	1655
to the public and to which either of the following applies:	1656

(a) It has a substantial or significant portion of its stock	1657
in trade of the sale, rental, or viewing of visual materials or	1658
performances depicting sexual conduct.	1659

(b) It has as a principal business purpose the sale, rental,	1660
or viewing of visual materials or performances depicting sexual	1661
conduct.	1662

(2) "Visual materials or performances" means films, videos,	1663
CD-ROM discs, streaming video, or other motion pictures.	1664

(B) No person who has custody, control, or supervision of a	1665
commercial establishment, with knowledge of the character of the	1666
visual material or performance involved, shall knowingly permit	1667
the use of, or offer the use of, viewing booths, stalls, or	1668
partitioned portions of a room located in the commercial	1669
establishment for the purpose of viewing visual materials or	1670
performances depicting sexual conduct unless both of the following	1671
apply:	1672

(1) The inside of each booth, stall, or partitioned room is	1673
visible from, and at least one side of each booth, stall, or	1674
partitioned room is open to, a continuous and contiguous main	1675
aisle or hallway that is open to the public areas of the	1676
commercial establishment and is not obscured by any curtain, door,	1677
or other covering or enclosure.	1678

(2) No booth, stall, or partitioned room is designed,	1679
constructed, pandered, or allowed to be used for the purpose of	1680
encouraging or facilitating nudity or sexual activity on the part	1681
of or between patrons or members of the public, and no booth,	1682
stall, or partitioned room has any aperture, hole, or opening for	1683
the purpose of encouraging or facilitating nudity or sexual	1684
activity.	1685

(C) It is an affirmative defense to a charge under this	1686
section that either of the following applies to the involved	1687
visual materials or performances:	1688

(1) The visual materials or performances depicting sexual	1689
conduct are disseminated or presented for a bona fide medical,	1690
scientific, educational, religious, governmental, judicial, or	1691
other proper purpose and by or to a physician, psychologist,	1692
sociologist, scientist, teacher, person pursuing bona fide studies	1693
or research, librarian, member of the clergy, prosecutor, judge,	1694
or other person having a proper interest in the visual materials	1695
or performances.	1696

(2) The visual materials or performances depicting sexual	1697
conduct, taken as a whole, would be found by a reasonable person	1698
to have serious literary, artistic, political, or scientific value	1699
or are presented or disseminated in good faith for a serious	1700
literary, artistic, political, or scientific purpose and are not	1701
pandered for their prurient appeal.	1702

(D) Whoever violates this section is guilty of permitting	1703
unlawful operation of viewing booths depicting sexual conduct, a	1704
misdemeanor of the first degree.	1705

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

1706

(1) "Adult arcade" means any place to which the public is	1707
permitted or invited in which coin-operated, slug-operated, or	1708
electronically, electrically, or mechanically controlled still or	1709
motion picture machines, projectors, or other image-producing	1710
devices are regularly maintained to show images to five or fewer	1711
persons per machine at any one time, and in which the images so	1712
displayed are distinguished or characterized by their emphasis	1713
upon matter exhibiting or describing specified sexual activities	1714
or specified anatomical areas.	1715

(2)(a) "Adult bookstore," "adult novelty store," or "adult	1716
video store" means a commercial establishment that, for any form	1717
of consideration, has as a significant or substantial portion of	1718
its stock-in-trade in, derives a significant or substantial	1719
portion of its revenues from, devotes a significant or substantial	1720
portion of its interior business or advertising to, or maintains a	1721
substantial section of its sales or display space for the sale or	1722
rental of any of the following:	1723

(i) Books, magazines, periodicals, or other printed matter,	1724
or photographs, films, motion pictures, video cassettes, compact	1725
discs, slides, or other visual representations, that are	1726
characterized by their emphasis upon the exhibition or description	1727
of specified sexual activities or specified anatomical areas;	1728

(ii) Instruments, devices, or paraphernalia that are designed	1729
for use or marketed primarily for stimulation of human genital	1730
organs or for sadomasochistic use or abuse of self or others.	1731

(b) "Adult bookstore," "adult novelty store," or "adult video	1732
store" includes a commercial establishment as defined in section	1733
2907.38 of the Revised Code. An establishment may have other	1734
principal business purposes that do not involve the offering for	1735
sale, rental, or viewing of materials exhibiting or describing	1736
specified sexual activities or specified anatomical areas and	1737
still be categorized as an adult bookstore, adult novelty store,	1738
or adult video store. The existence of other principal business	1739
purposes does not exempt an establishment from being categorized	1740
as an adult bookstore, adult novelty store, or adult video store	1741
so long as one of its principal business purposes is offering for	1742
sale or rental, for some form of consideration, such materials	1743
that exhibit or describe specified sexual activities or specified	1744
anatomical areas.	1745

(3) "Adult cabaret" means a nightclub, bar, juice bar,	1746
restaurant, bottle club, or similar commercial establishment,	1747
whether or not alcoholic beverages are served, that regularly	1748
features any of the following:	1749

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

1750

(b) Live performances that are characterized by the exposure	1751
of specified anatomical areas or specified sexual activities;	1752

(c) Films, motion pictures, video cassettes, slides, or other	1753
photographic reproductions that are distinguished or characterized	1754
by their emphasis upon the exhibition or description of specified	1755
sexual activities or specified anatomical areas.	1756

(4) "Adult entertainment" means the sale, rental, or	1757
exhibition, for any form of consideration, of books, films, video	1758
cassettes, magazines, periodicals, or live performances that are	1759
characterized by an emphasis on the exposure or display of	1760
specified anatomical areas or specified sexual activity.	1761

(5) "Adult entertainment establishment" means an adult	1762
arcade, adult bookstore, adult novelty store, adult video store,	1763
adult cabaret, adult motion picture theater, adult theater, nude	1764
or seminude model studio, or sexual encounter establishment. An	1765
establishment in which a medical practitioner, psychologist,	1766
psychiatrist, or similar professional person licensed by the state	1767
engages in medically approved and recognized therapy, including,	1768
but not limited to, massage therapy, as regulated pursuant to	1769
section 4731.15 of the Revised Code, is not an "adult	1770
entertainment establishment."	1771

(6) "Adult motion picture theater" means a commercial	1772
establishment where films, motion pictures, video cassettes,	1773
slides, or similar photographic reproductions that are	1774
distinguished or characterized by their emphasis upon the	1775
exhibition or description of specified sexual activities or	1776
specified anatomical areas are regularly shown for any form of	1777
consideration.	1778

(7) "Adult theater" means a theater, concert hall,	1779
auditorium, or similar commercial establishment that, for any form	1780
of consideration, regularly features persons who appear in a state	1781
of nudity or seminudity or live performances that are	1782
characterized by their emphasis upon the exposure of specified	1783
anatomical areas or specified sexual activities.	1784

(8) "Distinguished or characterized by their emphasis upon"	1785
means the dominant or principal character and theme of the object	1786
described by this phrase. For instance, when the phrase refers to	1787
films "that are distinguished or characterized by their emphasis	1788
upon the exhibition or description of specified sexual activities	1789
or specified anatomical areas," the films so described are those	1790
whose dominant or principal character and theme are the exhibition	1791
or description of specified sexual activities or specified	1792
anatomical areas.	1793

(9)(a) "Nude or seminude model studio" means any place where	1794
a person, who regularly appears in a state of nudity or	1795
seminudity, is provided for money or any other form of	1796
consideration to be observed, sketched, drawn, painted,	1797
sculptured, photographed, or similarly depicted by other persons.	1798

(b) A modeling class or studio is not a nude or seminude	1799
model studio and is not subject to this chapter if it is operated	1800
in any of the following ways:	1801

(i) By a college or university supported entirely or partly	1802
by taxation;	1803

(ii) By a private college or university that maintains and	1804
operates educational programs, the credits for which are	1805
transferable to a college or university supported entirely or	1806
partly by taxation;	1807

(iii) In a structure that has no sign visible from the	1808
exterior of the structure and no other advertising indicating that	1809
a person appearing in a state of nudity or seminudity is available	1810
for viewing, if in order to participate in a class in the	1811
structure, a student must enroll at least three days in advance of	1812
the class and if not more than one nude or seminude model is on	1813
the premises at any one time.	1814

(10) "Nudity," "nude," or "state of nudity" means the showing	1815
of the human male or female genitals, pubic area, vulva, anus,	1816
anal cleft, or cleavage with less than a fully opaque covering; or	1817
the showing of the female breasts with less than a fully opaque	1818
covering of any part of the nipple.	1819

(11) "Regularly features" or "regularly shown" means a	1820
consistent or substantial course of conduct, such that the films	1821
or performances exhibited constitute a substantial portion of the	1822
films or performances offered as a part of the ongoing business of	1823
the adult entertainment establishment.	1824

(12) "Seminude" or "state of seminudity" means a state of	1825
dress in which opaque clothing covers not more than the genitals,	1826
pubic region, and nipple of the female breast, as well as portions	1827
of the body covered by supporting straps or devices.	1828

(13)(a) "Sexual encounter establishment" means a business or	1829
commercial establishment that, as one of its principal business	1830
purposes, offers for any form of consideration a place where	1831
either of the following occur:	1832

(i) Two or more persons may congregate, associate, or consort	1833
for the purpose of engaging in specified sexual activities.	1834

(ii) Two or more persons appear nude or seminude for the	1835
purpose of displaying their nude or seminude bodies for their	1836
receipt of consideration or compensation in any type or form.	1837

(b) An establishment where a medical practitioner,	1838
psychologist, psychiatrist, or similar professional person	1839
licensed by the state engages in medically approved and recognized	1840
therapy, including, but not limited to, massage therapy, as	1841
regulated pursuant to section 4731.15 of the Revised Code, is not	1842
a "sexual encounter establishment."	1843

(14) "Specified anatomical areas" means the cleft of the	1844
buttocks, anus, male or female genitals, or the female breast.	1845

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

1846

(a) Sex acts, normal or perverted, or actual or simulated,	1847
including intercourse, oral copulation, masturbation, or sodomy;	1848

(b) Excretory functions as a part of or in connection with	1849
any of the activities described in division (A)(15)(a) of this	1850
section.	1851

(B) No person knowingly shall allow an individual, including,	1852
but not limited to, a patron, customer, or employee, who is under	1853
eighteen years of age on the premises of an adult entertainment	1854
establishment.	1855

(C) No individual who is under eighteen years of age	1856
knowingly shall show or give false information concerning the	1857
individual's name or age, or other false identification, for the	1858
purpose of gaining entrance to an adult entertainment	1859
establishment.	1860

(D) A person shall not be found guilty of a violation of	1861
division (B) of this section if the person raises as an	1862
affirmative defense and if the jury or, in a nonjury trial, the	1863
court finds the person has established by a preponderance of the	1864
evidence, all of the following:	1865

(1) The individual gaining entrance to the adult	1866
entertainment establishment exhibited to an operator, employee,	1867
agent, or independent contractor of the adult entertainment	1868
establishment a driver's or commercial driver's license or an	1869
identification card issued under sections 4507.50 and 4507.52 of	1870
the Revised Code showing that the individual was then at least	1871
eighteen years of age.	1872

(2) The operator, employee, agent, or independent contractor	1873
made a bona fide effort to ascertain the true age of the	1874
individual gaining entrance to the adult entertainment	1875
establishment by checking the identification presented, at the	1876
time of entrance, to ascertain that the description on the	1877
identification compared with the appearance of the individual and	1878
that the identification had not been altered in any way.	1879

(3) The operator, employee, agent, or independent contractor	1880
had reason to believe that the individual gaining entrance to the	1881
adult entertainment establishment was at least eighteen years of	1882
age.	1883

(E) In any criminal action in which the affirmative defense	1884
described in division (D) of this section is raised, the registrar	1885
of motor vehicles or the deputy registrar who issued a driver's or	1886
commercial driver's license or an identification card under	1887
sections 4507.50 and 4507.52 of the Revised Code shall be	1888
permitted to submit certified copies of the records, in the	1889
registrar's or deputy registrar's possession, of the issuance of	1890
the license or identification card in question, in lieu of the	1891
testimony of the personnel of the bureau of motor vehicles in the	1892
action.	1893

(F)(1) Whoever violates division (B) of this section is	1894
guilty of permitting a juvenile on the premises of an adult	1895
entertainment establishment, a misdemeanor of the first degree.	1896
Each day a person violates this division constitutes a separate	1897
offense.	1898

(2) Whoever violates division (C) of this section is guilty	1899
of use by a juvenile of false information to enter an adult	1900
entertainment establishment, a delinquent act that would be a	1901
misdemeanor of the fourth degree if committed by an adult.	1902

Sec. 4301.25.  (A) The liquor control commission may suspend	1903
or revoke any permit issued under this chapter or Chapter 4303. of	1904
the Revised Code for the violation of any of the applicable	1905
restrictions of either chapter or of any lawful rule of the	1906
commission, for other sufficient cause, and for the following	1907
causes:	1908

(1) Conviction of the holder or the holder's agent or	1909
employee for violating division (B) of section 2907.39 of the	1910
Revised Code or a section of this chapter or Chapter 4303. of the	1911
Revised Code or for a felony;	1912

(2) The entry of a judgment pursuant to division (D) or (E)	1913
of section 3767.05 of the Revised Code against a permit holder or	1914
the holder's agent or employee finding the existence of a nuisance	1915
at a liquor permit premises or finding the existence of a nuisance	1916
as a result of the operation of a liquor permit premises;	1917

(3) Making any false material statement in an application for	1918
a permit;	1919

(4) Assigning, transferring, or pledging a permit contrary to	1920
the rules of the commission;	1921

(5) Selling or promising to sell beer or intoxicating liquor	1922
to a wholesale or retail dealer who is not the holder of a proper	1923
permit at the time of the sale or promise;	1924

(6) Failure of the holder of a permit to pay an excise tax	1925
together with any penalties imposed by the law relating to that	1926
failure and for violation of any rule of the department of	1927
taxation in pursuance of the tax and penalties.	1928

(B) The liquor control commission shall revoke a permit	1929
issued pursuant to this chapter or Chapter 4303. of the Revised	1930
Code upon the conviction of the holder of the permit of a	1931
violation of division (C)(1) of section 2913.46 of the Revised	1932
Code.	1933

(C)(1) When the commission considers the length of a	1934
suspension of a permit, it may consider the volume of the business	1935
of the permit holder, so that the length of the suspension is in	1936
proportion to the seriousness of the offense and the permit	1937
holder's business in order that the suspension serve as a penalty	1938
and a deterrent. Evidence as to the volume of business of the	1939
permit holder may be offered by the permit holder or subpoenaed by	1940
the commission.	1941

(2) When the commission considers the length of a proposed	1942
suspension of a permit and the proposed suspension results from an	1943
offense that was committed during a compliance check as defined in	1944
section 4301.635 of the Revised Code, the commission may consider	1945
whether trickery, deceit, or deception was used in the conduct of	1946
the compliance check.	1947

Section 2. That existing sections 303.02, 309.09, 503.29,	1948
504.04, 504.15, 519.02, 1901.182, 1901.31, 1907.012, 1907.20,	1949
2151.022, 2152.02, 2505.08, 2506.01, 2506.02, 2506.03, 2506.04,	1950
2907.01, and 4301.25 and sections 503.51, 503.52, 503.53, 503.54,	1951
503.55, 503.56, 503.57, 503.58, 503.59, 503.65, and 503.99 of the	1952
Revised Code are hereby repealed.	1953

Section 3. In enacting new sections 503.51 and 503.52 and	1954
sections 2907.38 and 2907.39 of the Revised Code, the General	1955
Assembly makes the following statement of intent and findings:	1956

(A)(1) Adult entertainment establishments require special	1957
supervision from the public safety agencies of this state in order	1958
to protect and preserve the health, safety, morals, and welfare of	1959
the patrons and employees of the businesses as well as the	1960
citizens of this state.	1961

(2) The General Assembly finds that adult entertainment	1962
establishments are frequently used for unlawful sexual activities,	1963
including prostitution and sexual liaisons of a casual nature.	1964

(3) The concern over sexually transmitted diseases is a	1965
legitimate health concern of this state that demands reasonable	1966
regulation of adult entertainment establishments by the state in	1967
the specified manner, and expanded authority for reasonable	1968
regulation of adult entertainment establishments by local	1969
governments, in order to protect the health and well-being of the	1970
citizens.	1971

(4) Minimal regulations enacted by local governments or the	1972
state are a legitimate and reasonable means of accountability to	1973
ensure that operators of adult entertainment establishments comply	1974
with reasonable regulations and to ensure that operators do not	1975
knowingly allow their establishments to be used as places of	1976
illegal sexual activity or solicitation.	1977

(5) There is convincing documented evidence that adult	1978
entertainment establishments, because of their very nature, have a	1979
deleterious effect on both the existing businesses around them and	1980
the surrounding residential areas adjacent to them and cause	1981
increased crime, particularly in the overnight hours, and the	1982
downgrading of property values.	1983

(6) The General Assembly desires to minimize and control	1984
these adverse effects by regulating adult entertainment	1985
establishments in the specified manner and by expanding the	1986
authority of local governments to regulate adult entertainment	1987
establishments and, by minimizing and controlling these adverse	1988
effects, to protect the health, safety, and welfare of the	1989
citizenry; protect the citizens from increased crime; preserve the	1990
quality of life; preserve the property values and character of	1991
surrounding neighborhoods; and deter the spread of urban blight.	1992

(7) The General Assembly has determined that current local	1993
zoning and other locational criteria do not adequately protect the	1994
health, safety, and general welfare of the people of this state	1995
and that expanded local government authority to regulate adult	1996
entertainment establishments is necessary.	1997

(8) It is not the intent of the General Assembly in enacting	1998
this act to suppress, or authorize the suppression of, any speech	1999
activities protected by the First Amendment but to enact	2000
content-neutral statutes that expand local government authority to	2001
address the secondary effects of adult entertainment	2002
establishments.	2003

(9) It is not the intent of the General Assembly to condone	2004
or legitimize the distribution of obscene material, and the	2005
General Assembly recognizes that state and federal law prohibits	2006
the distribution of obscene materials and expects and encourages	2007
state law enforcement officials to enforce state obscenity	2008
statutes against any such illegal activities in this state.	2009

(B) It is the intent of the General Assembly in enacting new	2010
sections 503.51 and 503.52 and sections 2907.38 and 2907.39 of the	2011
Revised Code to regulate in the specified manner, and to expand	2012
the authority of local governments to regulate, adult	2013
entertainment establishments in order to promote the health,	2014
safety, morals, and general welfare of the citizens of this state	2015
and establish reasonable regulations to prevent the deleterious	2016
secondary effects of adult entertainment establishments within	2017
this state. The provisions of new sections 503.51 and 503.52 and	2018
sections 2907.38 and 2907.39 of the Revised Code have neither the	2019
purpose nor effect of imposing a limitation or restriction on the	2020
content of any communicative materials, including sexually	2021
oriented materials. Similarly, it is not the intent nor effect of	2022
the General Assembly in enacting new sections 503.51 and 503.52	2023
and sections 2907.38 and 2907.39 of the Revised Code to restrict	2024
or deny, or authorize the restriction or denial of, access by	2025
adults to sexually oriented materials protected by the First	2026
Amendment, or to deny, or authorize the denial of, access by the	2027
distributors and exhibitors of adult entertainment and adult	2028
materials to their intended market. Neither is it the intent nor	2029
effect of the General Assembly in enacting new sections 503.51 and	2030
503.52 and sections 2907.38 and 2907.39 of the Revised Code to	2031
condone or legitimize the distribution or exhibition of obscene	2032
material.	2033

(C) Based on evidence concerning the adverse secondary	2034
effects of adult uses on communities presented in hearings and in	2035
reports made available to the legislature and on findings	2036
incorporated in the cases of City of Littleton, Colorado v. Z.J.	2037
Gifts D-4, L.L.C. (2004), 541 U.S. 774, City of Erie v. Pap's	2038
A.M. (2000), 529 U.S. 277; Barnes v. Glen Theatre, Inc. (1991),	2039
501 U.S. 560; City of Renton v. Playtime Theatres, Inc. (1986),	2040
475 U.S. 41; Young v. American Mini Theatres (1976), 426 U.S. 50;	2041
California v. LaRue (1972), 409 U.S. 109; DLS, Inc. v. City of	2042
Chattanooga (6th Cir. 1997) 107 F.3d 403; East Brooks Books, Inc.	2043
v. City of Memphis, (6th Cir. 1995), 48 F.3d 220; Harris v.	2044
Fitchville Township Trustees (N.D. Ohio 2000), 99 F. Supp.2d 837;	2045
Bamon Corp. v. City of Dayton (S.D. Ohio 1990), 730 F. Supp. 90,	2046
aff'd (6th Cir. 1991), 923 F.2d 470; Broadway Books v. Roberts	2047
(E.D. Tenn. 1986), 642 F. Supp. 486; Bright Lights, Inc. v. City	2048
of Newport (E.D. Ky. 1993), 830 F. Supp. 378; Richland Bookmart v.	2049
Nichols (6th Cir. 1998), 137 F.3d 435; Deja Vu v. Metro Government	2050
(6th Cir. 1999), 1999 U.S. App. LEXIS 535; Threesome Entertainment	2051
v. Strittmather (N.D. Ohio 1998), 4 F.Supp.2d 710; J.L. Spoons,	2052
Inc. v. City of Brunswick (N.D. Ohio 1999), 49 F. Supp.2d 1032;	2053
Triplett Grille, Inc. v. City of Akron (6th Cir. 1994) 40 F.3d	2054
129; Nightclubs, Inc. v. City of Paducah (6th Cir. 2000), 202 F.3d	2055
884; O'Connor v. City and County of Denver (10th Cir. 1990), 894	2056
F.2d 1210; Deja Vu of Nashville, Inc., et al. v. Metropolitan	2057
Government of Nashville and Davidson County (6th Cir. 2001), 2001	2058
U.S. App. LEXIS 26007; State of Ohio ex rel. Rothal v. Smith (Ohio	2059
C.P. 2002), Summit C.P. No. CV 01094594; Z.J. Gifts D-2, L.L.C. v.	2060
City of Aurora (10th Cir. 1998), 136 F.3d 683; Connection Distrib.	2061
Co. v. Reno (6th Cir. 1998), 154 F.3d 281; Sundance Assocs. v.	2062
Reno (10th Cir. 1998), 139 F.3d 804; American Library Association	2063
v. Reno (D.C. Cir. 1994), 33 F.3d 78; American Target Advertising,	2064
Inc. v. Giani (10th Cir. 2000), 199 F.3d 1241; and other cases and	2065
on reports of secondary effects occurring in and around adult	2066
entertainment establishments in Phoenix, Arizona (1984);	2067
Minneapolis, Minnesota (1980); Houston, Texas (1983);	2068
Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden	2069
Grove, California (1991); Los Angeles, California (1977);	2070
Whittier, California (1978); Austin, Texas (1986); Seattle,	2071
Washington (1989); Oklahoma City, Oklahoma (1986); Cleveland, Ohio	2072
(1977); Dallas, Texas (1997); St. Croix County, Wisconsin (1993);	2073
Bellevue, Washington (1998); Newport News, Virginia (1996);	2074
Tucson, Arizona (1990); St. Paul, Minnesota (1988); Oklahoma City,	2075
Oklahoma (1986 and 1992); Beaumont, Texas (1982); New York, New	2076
York (1994); Ellicottville, New York (1998); Des Moines, Iowa	2077
(1984); Islip, New York (1980); Adams County, Colorado (1987);	2078
Manatee County, Florida (1987); New Hanover County, North Carolina	2079
(1989); Las Vegas, Nevada (1978); Cattaraugas County, New York	2080
(1998); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso,	2081
Texas (1986); New York Times Square study (1994); Report to ACLJ	2082
on the Secondary Impacts of Sex Oriented Businesses (1996); the	2083
findings from the Report of the Attorney General's Working Group	2084
On The Regulation Of Sexually Oriented Businesses (June 6, 1989,	2085
State of Minnesota); and on testimony to Congress in 136 Cong.	2086
Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636, 134	2087
Cong. Rec. E. 3750; and also on findings from the paper entitled	2088
"Stripclubs According to Strippers: Exposing Workplace Sexual	2089
Violence," by Kelly Holsopple, Program Director, Freedom and	2090
Justice Center for Prostitution Resources, Minneapolis, Minnesota;	2091
and from "Sexually Oriented Businesses: An Insider's View," by	2092
David Sherman, presented to the Michigan House Committee on Ethics	2093
and Constitutional Law, Jan. 12, 2000; and from various other	2094
police reports, testimony, newspaper reports, and other	2095
documentary evidence, the General Assembly finds:	2096

(1) Adult entertainment establishments lend themselves to	2097
ancillary unlawful and unhealthy activities that are presently	2098
uncontrolled by the operators of the establishments. Further,	2099
there is presently no statewide mechanism, and no general or	2100
comprehensive grant of authority enabling local governments, to	2101
make the owners of these establishments responsible for the	2102
activities that occur on their premises.	2103

(2) Certain employees of adult entertainment establishments,	2104
as defined in section 2907.39 of the Revised Code as adult	2105
theaters and cabarets, engage in a higher incidence of certain	2106
types of illicit sexual behavior than employees of other	2107
establishments.	2108

(3) Sexual acts, including masturbation and oral and anal	2109
sex, occur at adult entertainment establishments, especially those	2110
that provide private or semiprivate booths or cubicles for viewing	2111
films, videos, or live sex shows. The "couch dances" or "lap	2112
dances" that frequently occur in adult entertainment	2113
establishments featuring live nude or seminude dancers constitute	2114
or may constitute the offense of "engaging in prostitution" under	2115
section 2907.25 of the Revised Code.	2116

(4) Offering and providing such space encourages such	2117
activities, which creates unhealthy conditions.	2118

(5) Persons frequent certain adult theaters, adult arcades,	2119
and other adult entertainment establishments for the purpose of	2120
engaging in sexual activity within the premises of those adult	2121
entertainment establishments.	2122

(6) Numerous communicable diseases may be spread by	2123
activities occurring in sexually oriented businesses, including,	2124
but not limited to, syphilis, gonorrhea, human immunodeficiency	2125
virus infection (HIV-AIDS), genital herpes, hepatitis salmonella,	2126
campylobacter and shigella infections, chlamydial, myoplasmal and	2127
ureoplasmal infections, trichomoniasis, and chancroid.	2128

(7) Since 1981 and to the present, there has been an	2129
increasing cumulative number of reported cases of AIDS caused by	2130
the human immunodeficiency virus (HIV) in the United States: 600	2131
in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985, and 253,448	2132
through December 31, 1992.	2133

(8) A total of 10,255 AIDS cases had been reported in Ohio as	2134
of January 1999. Ohio has required HIV case reporting since 1990,	2135
and the reported information shows 7,969 people living with (HIV)	2136
(4,213) and (AIDS) (3,756) in the state.	2137

(9) Since 1981 and to the present, there have been an	2138
increasing cumulative number of persons testing positive for the	2139
HIV antibody test in Ohio.	2140

(10) The number of cases of early (less than one year)	2141
syphilis in the Unites States reported annually has risen. 33,613	2142
cases were reported in 1982, and 45,200 cases were reported	2143
through November 1990.	2144

(11) The number of cases of gonorrhea in the United States	2145
reported annually remains at a high level, with over one-half	2146
million cases being reported in 1990.	2147

(12) The Surgeon General of the United States in his report	2148
of October 22, 1986, has advised the American public that AIDS and	2149
HIV infection may be transmitted through sexual contact,	2150
intravenous drug abuse, and exposure to infected blood and blood	2151
components, and from an infected mother to her newborn.	2152

(13) According to the best scientific evidence, AIDS and HIV	2153
infection, as well as syphilis and gonorrhea, are principally	2154
transmitted by sexual acts.	2155

(14) Sanitary conditions in some adult entertainment	2156
establishments are unhealthy, in part, because the activities	2157
conducted there are unhealthy, and, in part, because of the	2158
unregulated nature of the activities and the failure of the owners	2159
and the operators of the facilities to self-regulate those	2160
activities and maintain those facilities.	2161

(15) The findings noted in divisions (C)(1) to (14) of this	2162
section raise substantial governmental concerns.	2163

(16) Adult entertainment establishments have operational	2164
characteristics that should subject them to reasonable government	2165
regulation in order to protect those substantial governmental	2166
concerns.	2167

(17) The enactment of new sections 503.51 and 503.52 and	2168
sections 2907.38 and 2907.39 of the Revised Code will promote the	2169
general welfare, health, morals, and safety of the citizens of	2170
this state.	2171

Section 4.  Section 303.02 of the Revised Code is presented	2172
in this act as a composite of the section as amended by both Sub.	2173
H.B. 411 and Am. Sub. S.B. 18 of the 125th General Assembly.	2174
Section 519.02 of the Revised Code is presented in this act as a	2175
composite of the section as amended by both Sub. H.B. 411 and Am.	2176
Sub. S.B. 18 of the 125th General Assembly. Section 2151.022 of	2177
the Revised Code is presented in this act as a composite of the	2178
section as amended by both Am. Sub. S.B. 179 and Sub. S.B. 218 of	2179
the 123rd General Assembly. The General Assembly, applying the	2180
principle stated in division (B) of section 1.52 of the Revised	2181
Code that amendments are to be harmonized if reasonably capable of	2182
simultaneous operation, finds that the composite is the resulting	2183
version of the section in effect prior to the effective date of	2184
the section as presented in this act.	2185