Sec. 503.52. (A) Townships have authority to exercise all | 18 |
powers of local self-government regarding the operation of adult | 19 |
entertainment establishments within their limits and to adopt and | 20 |
enforce within their limits any local police, sanitary, and | 21 |
similar regulations regarding the operation of adult entertainment | 22 |
establishments that are not in conflict with general laws. The | 23 |
regulations may include, but are not limited to, antinudity | 24 |
restrictions, limitations on hours of operation, interior | 25 |
configuration requirements, and requirements that adult | 26 |
entertainment establishments and their employees obtain licenses | 27 |
or permits to operate as or to be employed by an adult | 28 |
entertainment establishment. The authority granted under this | 29 |
division shall be exercised by the adoption of resolutions and may | 30 |
include the adoption of resolutions that create one or more | 31 |
criminal offenses and impose criminal penalties related to the | 32 |
operation of adult entertainment establishments or may provide for | 33 |
civil sanction for violations of regulations established under the | 34 |
resolutions. Townships have the same rights, powers, and duties | 35 |
pursuant to the authority granted under this division as municipal | 36 |
corporations have under Section 3, Article XVIII, Ohio | 37 |
Constitution relative to their authority to exercise powers of | 38 |
local self-government and to adopt and enforce within their limits | 39 |
local police, sanitary, and similar regulations, except to the | 40 |
extent that the rights, powers, and duties that the municipal | 41 |
corporations have by their nature clearly are inapplicable to | 42 |
townships and to the exercise by townships of their authority | 43 |
granted under this division. No regulation adopted under authority | 44 |
of this division shall be in conflict with any provision in | 45 |
Chapter 4303. of the Revised Code, or with any rule adopted by the | 46 |
division of liquor control pursuant to that chapter, that | 47 |
regulates establishments that hold a liquor permit. | 48 |
(2) Upon the request of any township, the attorney general | 55 |
shall provide legal guidance and assistance to the township in | 56 |
developing, formulating, and drafting a resolution regarding the | 57 |
operation of adult entertainment establishments of a type | 58 |
described in division (A) of this section. The attorney general | 59 |
shall provide this service without charge to the township for | 60 |
which the service is performed. | 61 |
(C) In case of conflict between any resolution enacted by a | 62 |
board of township trustees under the authority granted under | 63 |
division (A) of this section and a municipal ordinance or | 64 |
resolution, the ordinance or resolution enacted by the municipal | 65 |
corporation prevails. In case of conflict between any resolution | 66 |
enacted by a board of township trustees under the authority | 67 |
granted under division (A) of this section and a county | 68 |
resolution, the resolution enacted by the board of township | 69 |
trustees prevails. | 70 |
(D) All proceeds from criminal and
civil sanctions for | 71 |
violation of a regulation established by a township under a | 72 |
resolution adopted under division (A) of this section that are | 73 |
paid to the township shall be applied initially to the payment of | 74 |
costs
incurred in the prosecution and enforcement of the | 75 |
resolution, including, but not
limited to, court costs, reasonable | 76 |
attorney's fees, and other
litigation expenses incurred by the | 77 |
county or township. | 78 |
(E)(1)(a) When it appears that a resolution adopted under | 79 |
division (A) of this section or section 503.53 of the Revised Code | 80 |
is being or is about to be violated, the township in which the | 81 |
violation is taking place may request the prosecuting attorney of | 82 |
the county in which the township is located to prosecute and | 83 |
defend on behalf of the township a civil action to enjoin the | 84 |
violation. If the township does not request the prosecuting | 85 |
attorney to prosecute and defend an action to enjoin the | 86 |
violation, the legal counsel of that
township, if other than the | 87 |
prosecuting attorney, may prosecute and defend a
civil action to | 88 |
enjoin
the violation. | 89 |
(b) A township may request the prosecuting attorney of the | 90 |
county in which the township is located to prosecute and defend on | 91 |
behalf of the township a civil
action under Chapter 3767. of the | 92 |
Revised Code to abate as a
nuisance any place in the | 93 |
unincorporated area of the township at
which a resolution adopted | 94 |
under division (A) of this section or
section 503.53 of the | 95 |
Revised Code is being or has been violated. If the township does | 96 |
not request the prosecuting attorney to prosecute and defend an | 97 |
action under that chapter, the legal counsel of the township, if | 98 |
other than the prosecuting attorney, may prosecute and defend an | 99 |
action under that chapter for that purpose.
All proceeds from the | 100 |
sale of personal property or contents seized
pursuant to the | 101 |
action shall be applied initially to the payment
of costs incurred | 102 |
in the prosecution of the action and the costs
associated with the | 103 |
abatement and sale ordered under division (A)
of section 3767.06 | 104 |
of the Revised Code, including, but not limited
to, court costs, | 105 |
reasonable attorney's fees, and other litigation
expenses incurred | 106 |
by the county or township. Any proceeds
remaining after
that | 107 |
initial application shall be deposited into
the township
treasury | 108 |
and credited to the general fund. | 109 |
(c) If a township has adopted one or more resolutions | 110 |
regarding the operation of adult entertainment establishments | 111 |
pursuant to the authority that is granted under division (A) of | 112 |
this section or if a township resolution of that nature has been | 113 |
adopted under section 503.53 of the Revised Code and the validity | 114 |
of the resolution is challenged, the township may request the | 115 |
prosecuting attorney of the county in which the township is | 116 |
located to prosecute and defend on behalf of the township in the | 117 |
trial and argument in any court or tribunal of the challenge to | 118 |
the validity of the resolution. | 119 |
(2) Division (E)(1) of this section applies regarding all | 120 |
townships, including townships that have adopted a limited home | 121 |
rule government pursuant to Chapter 504. of the Revised Code and | 122 |
regardless of whether a township that has so adopted a limited | 123 |
home rule government has entered into a contract with the | 124 |
prosecuting attorney as described in division (B) of section | 125 |
504.15 of the Revised Code or has appointed a law director as | 126 |
described in division (A) of that section. | 127 |
Upon the request of any township in the county served by the | 128 |
prosecuting attorney made pursuant to division (E)(1)(a), (b), or | 129 |
(c) of this section, the prosecuting attorney shall prosecute and | 130 |
defend in the action or proceeding as requested, as specified in | 131 |
division (B)(2) of section 309.09 of the Revised Code, without | 132 |
charge to the township for which the service is performed. | 133 |
If a prosecuting attorney is prosecuting and defending a | 134 |
challenge to the validity of a resolution of a township pursuant | 135 |
to a request made pursuant to division (E)(1)(c) of this section | 136 |
and if the challenge is before a federal court, the prosecuting | 137 |
attorney may request the attorney general to assist the | 138 |
prosecuting attorney in prosecuting and defending the challenge, | 139 |
and, upon the prosecuting attorney's making of such a request, the | 140 |
attorney general shall assist the prosecuting attorney in | 141 |
performing that service if the resolution was drafted in | 142 |
accordance with legal guidance provided by the attorney general as | 143 |
described in division (B)(2) of this section. The attorney general | 144 |
shall provide this assistance without charge to the township for | 145 |
which the service is performed. If a township adopts a resolution | 146 |
without the legal guidance of the attorney general, the attorney | 147 |
general is not being required to provide assistance as described | 148 |
in this division to a prosecuting attorney. | 149 |
(F) Except as otherwise provided in this division, the state | 150 |
shall indemnify a township and its trustees from liability | 151 |
incurred in the enforcement of a resolution that is authorized by | 152 |
this section, that was drafted in accordance with legal guidance | 153 |
provided by the attorney general as described in division (B)(2) | 154 |
of this section, and that a court finds to be unconstitutional or | 155 |
otherwise legally defective by paying any judgment in, or amount | 156 |
negotiated in settlement of, any civil action arising from the | 157 |
enforcement of the resolution. The state shall not indemnify a | 158 |
township or its trustees until all appeals have been exhausted or | 159 |
the action has otherwise been finally resolved. | 160 |
(B) The legislative authority of a municipal corporation may | 178 |
request the attorney general to provide legal guidance and | 179 |
assistance in developing, formulating, and drafting an ordinance | 180 |
regarding the operation of adult entertainment establishments that | 181 |
does not conflict with general laws, with any provision in Chapter | 182 |
4303. of the Revised Code, or with any provision in a rule adopted | 183 |
by the division of liquor control pursuant to that chapter that | 184 |
regulates establishments that hold a liquor permit. Upon the | 185 |
request of a legislative authority pursuant to this division, the | 186 |
attorney general shall provide legal guidance and assistance to | 187 |
the municipal corporation in developing, formulating, and drafting | 188 |
an ordinance regarding adult entertainment establishments. The | 189 |
ordinance may include, but need not be limited to, antinudity | 190 |
restrictions, limitations on hours of operation, interior | 191 |
configuration requirements, and requirements that an adult | 192 |
entertainment establishment and its employees obtain licenses or | 193 |
permits to operate as an adult entertainment establishment or to | 194 |
be employed by an adult entertainment establishment. The ordinance | 195 |
may create one or more criminal offenses and impose criminal | 196 |
penalties related to the operation of adult entertainment | 197 |
establishments or may provide for civil sanctions for violations | 198 |
of the ordinance. | 199 |
(C) Except as otherwise provided in this division, the state | 200 |
shall indemnify a municipal corporation and the members of the | 201 |
municipal corporation's legislative authority from liability | 202 |
incurred in the enforcement of an ordinance that is authorized by | 203 |
this section, that was drafted in accordance with legal guidance | 204 |
provided by the attorney general as described in division (B) of | 205 |
this section, and that a court finds to be unconstitutional or | 206 |
otherwise legally defective by paying any judgment in, or amount | 207 |
negotiated in settlement of, any civil action arising from the | 208 |
enforcement of the ordinance. The state shall not indemnify a | 209 |
municipal corporation or the members of the municipal | 210 |
corporation's legislative authority until all appeals have been | 211 |
exhausted or the action has otherwise been finally resolved. | 212 |
(1) "Adult bookstore" or "adult video store" means a | 229 |
commercial establishment that has as a significant or substantial | 230 |
portion of its stock in trade or inventory in, derives a | 231 |
significant or substantial portion of its revenues from, devotes a | 232 |
significant or substantial portion of its interior business or | 233 |
advertising to, or maintains a substantial section of its sales or | 234 |
display space for the sale or rental, for any form of | 235 |
consideration, of books, magazines, periodicals, or other printed | 236 |
matter, or photographs, films, motion pictures, video cassettes, | 237 |
compact discs, slides, or other visual representations, that are | 238 |
characterized by their emphasis upon the exhibition or description | 239 |
of specified sexual activities or specified anatomical areas. | 240 |
(5) "Employee" means any individual who performs any service | 254 |
on the premises of a sexually oriented business on a full-time, | 255 |
part-time, or contract basis, regardless of whether the individual | 256 |
is denominated an employee, independent contractor, agent, or | 257 |
otherwise, but does not include an individual exclusively on the | 258 |
premises for repair or maintenance of the premises or for the | 259 |
delivery of goods to the premises. | 260 |
(9) "Premises" means the real property on which the sexually | 279 |
oriented business is located and all appurtenances to the real | 280 |
property, including, but not limited, to the sexually oriented | 281 |
business, the grounds, private walkways, and parking lots or | 282 |
parking garages adjacent to the real property under the ownership, | 283 |
control, or supervision of the owner or operator of the sexually | 284 |
oriented business. | 285 |
(12) "Sexual device" means any three-dimensional object | 289 |
designed and marketed for stimulation of the male or female human | 290 |
genitals or anus or female breasts or for sadomasochistic use or | 291 |
abuse of oneself or others, including, but not limited to, dildos, | 292 |
vibrators, penis pumps, and physical representations of the human | 293 |
genital organs, but not including devices primarily intended for | 294 |
protection against sexually transmitted diseases or for preventing | 295 |
pregnancy. | 296 |
(13) "Sexual device shop" means a commercial establishment | 297 |
that regularly features sexual devices, but not including any | 298 |
pharmacy, drug store, medical clinic, or establishment primarily | 299 |
dedicated to providing medical or healthcare products or services, | 300 |
and not including any commercial establishment that does not | 301 |
restrict access to its premises by reason of age. | 302 |
(15) "Sexually oriented business" means an adult bookstore, | 309 |
adult video store, adult cabaret, adult motion picture theater, | 310 |
sexual device shop, or sexual encounter center, but does not | 311 |
include a business solely by reason of its showing, selling, or | 312 |
renting materials rated NC-17 or R by the motion picture | 313 |
association of America. | 314 |
(B) No sexually oriented business shall be or remain open for | 321 |
business between 12:00 midnight and 6:00 a.m. on any day, except | 322 |
that a sexually oriented business that holds a liquor permit | 323 |
pursuant to Chapter 4303. of the Revised Code may remain open | 324 |
until the hour specified in that permit if it does not conduct, | 325 |
offer, or allow sexually oriented entertainment activity in which | 326 |
the performers appear nude. | 327 |
(2) No employee who regularly appears nude or seminude on the | 332 |
premises of a sexually oriented business, while on the premises of | 333 |
that sexually oriented business and while nude or seminude, shall | 334 |
knowingly touch a patron who is not a member of the employee's | 335 |
immediate family or another employee who is not a member of the | 336 |
employee's immediate family or the clothing of a patron who is not | 337 |
a member of the employee's immediate family or another employee | 338 |
who is not a member of the employee's immediate family or allow a | 339 |
patron who is not a member of the employee's immediate family or | 340 |
another employee who is not a member of the employee's immediate | 341 |
family to touch the employee or the clothing of the employee. | 342 |
(E) Whoever violates division (C) of this section is guilty | 346 |
of illegal sexually oriented activity in a sexually oriented | 347 |
business. If the offender touches a specified anatomical area of | 348 |
the patron or employee, or the clothing covering a specified | 349 |
anatomical area, a violation of division (C) of this section is a | 350 |
misdemeanor of the first degree. If the offender does not touch a | 351 |
specified anatomical area of the patron or employee, or the | 352 |
clothing covering a specified anatomical area, a violation of | 353 |
division (C) of this section is a misdemeanor of the fourth | 354 |
degree. | 355 |