Sub. S. B. No. 16 As Reported by the House Judiciary Committee

As Reported by the House Judiciary Committee

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 16

By Initiative

Cosponsor: Senator Amstutz

A BILL

To amend section 503.52 and to enact sections 715.55 1
and 2907.40 of the Revised Code to restrict the 2
hours of operation of sexually oriented 3
businesses, to prohibit patrons and employees of a 4
sexually oriented business who are not immediate 5
family members from touching each other while on 6
the premises of that business and while the 7
employee is nude or seminude, and to require the 8
state to indemnify a township or municipal 9
corporation for liability incurred in enforcing a 10
resolution or ordinance that regulates adult 11
entertainment establishments, is adopted in 12
conformance with the Attorney General's guidance, 13
and is found by a court to be unconstitutional or 14
otherwise legally defective. 15

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

       Section 1. That section 503.52 be amended and sections 715.55 16
and 2907.40 of the Revised Code be enacted to read as follows: 17

       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

       (B)(1) The authority of a township granted under division (A) 49
of this section applies to all townships. If a township has 50
adopted a limited home rule government pursuant to Chapter 504. of 51
the Revised Code, the authority granted under division (A) of this 52
section is in addition to the powers and authority granted to the 53
township under Chapter 504. of the Revised Code. 54

       (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

       The state shall not indemnify a township or its trustees for 161
any of the following or to the extent that any of the following 162
apply: 163

       (1) Any part of the judgment or settlement that represents 164
damages that are covered by a policy of insurance for civil 165
liability; 166

       (2) Any part of the judgment or settlement that is based upon 167
an officer or employee of the township acting manifestly outside 168
the scope of the officer's or employee's employment or official 169
responsibilities, with malicious purpose, in bad faith, or in a 170
wanton or reckless manner; 171

       (3) Any part of the judgment that is for punitive damages; 172

       (4) Any part of a consent judgment or settlement that the 173
attorney general determines is unreasonable. 174

       Sec. 715.55. (A) As used in this section, "adult 175
entertainment establishment" has the same meaning as in section 176
2907.39 of the Revised Code. 177

       (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

       The state shall not indemnify a municipal corporation or the 213
members of the municipal corporation's legislative authority for 214
any of the following or to the extent that any of the following 215
apply: 216

       (1) Any part of the judgment or settlement that represents 217
damages that are covered by a policy of insurance for civil 218
liability; 219

       (2) Any part of the judgment or settlement that is based upon 220
an officer or employee of the municipal corporation acting 221
manifestly outside the scope of the officer's or employee's 222
employment or official responsibilities, with malicious purpose, 223
in bad faith, or in a wanton or reckless manner; 224

       (3) Any part of the judgment that is for punitive damages; 225

       (4) Any part of a consent judgment or settlement that the 226
attorney general determines is unreasonable. 227

       Sec. 2907.40. (A) As used in this section: 228

       (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

       (2) "Adult cabaret" means a nightclub, bar, juice bar, 241
restaurant, bottle club, or other similar commercial 242
establishment, regardless of whether alcoholic beverages are 243
served, that regularly features individuals who appear in a state 244
of nudity or seminudity. 245

       (3) "Adult motion picture theater" means a commercial 246
establishment where films, motion pictures, videocassettes, 247
slides, or similar photographic reproductions that are 248
characterized by their emphasis upon the display of specified 249
sexual activities or specified anatomical areas are regularly 250
shown to more than five individuals for any form of consideration. 251

       (4) "Characterized by" means describing the essential 252
character or quality of an item. 253

       (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

       (6) "Nudity," "nude," or "state of nudity" has the same 261
meaning as in section 2907.39 of the Revised Code. 262

       (7) "Operator" means any individual on the premises of a 263
sexually oriented business who causes the business to function or 264
who puts or keeps in operation the business or who is authorized 265
to manage the business or exercise overall operational control of 266
the business premises. 267

       (8) "Patron" means any individual on the premises of a 268
sexually oriented business except for any of the following: 269

       (a) An operator or an employee of the sexually oriented 270
business; 271

       (b) An individual who is on the premises exclusively for 272
repair or maintenance of the premises or for the delivery of goods 273
to the premises; 274

       (c) A public employee or a volunteer firefighter emergency 275
medical services worker acting within the scope of the public 276
employee's or volunteer's duties as a public employee or 277
volunteer. 278

       (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

       (10) "Regularly" means consistently or repeatedly. 286

       (11) "Seminude" or "state of seminudity" has the same meaning 287
as in section 2907.39 of the Revised Code. 288

       (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

       (14) "Sexual encounter center" means a business or commercial 303
enterprise that, as one of its principal business purposes, 304
purports to offer for any form of consideration physical contact 305
in the form of wrestling or tumbling between individuals of the 306
opposite sex when one or more of the individuals is nude or 307
seminude. 308

       (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

       (16) "Specified anatomical areas" includes human genitals, 315
pubic region, and buttocks and the human female breast below a 316
point immediately above the top of the areola. 317

       (17) "Specified sexual activity" means sexual intercourse, 318
oral copulation, masturbation, or sodomy, or excretory functions 319
as a part of or in connection with any of these activities. 320

       (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

       (C)(1) No patron who is not a member of the employee's 328
immediate family shall knowingly touch any employee while that 329
employee is nude or seminude or touch the clothing of any employee 330
while that employee is nude or seminude. 331

       (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

       (D) Whoever violates division (B) of this section is guilty 343
of illegally operating a sexually oriented business, a misdemeanor 344
of the first degree. 345

       (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

       Section 2. That existing section 503.52 of the Revised Code 356
is hereby repealed. 357

Section 1. That section 503.52 be amended and sections 715.55	16
and 2907.40 of the Revised Code be enacted to read as follows:	17

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

(B)(1) The authority of a township granted under division (A)	49
of this section applies to all townships. If a township has	50
adopted a limited home rule government pursuant to Chapter 504. of	51
the Revised Code, the authority granted under division (A) of this	52
section is in addition to the powers and authority granted to the	53
township under Chapter 504. of the Revised Code.	54

(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

The state shall not indemnify a township or its trustees for	161
any of the following or to the extent that any of the following	162
apply:	163

(1) Any part of the judgment or settlement that represents	164
damages that are covered by a policy of insurance for civil	165
liability;	166

(2) Any part of the judgment or settlement that is based upon	167
an officer or employee of the township acting manifestly outside	168
the scope of the officer's or employee's employment or official	169
responsibilities, with malicious purpose, in bad faith, or in a	170
wanton or reckless manner;	171

(4) Any part of a consent judgment or settlement that the	173
attorney general determines is unreasonable.	174

Sec. 715.55. (A) As used in this section, "adult	175
entertainment establishment" has the same meaning as in section	176
2907.39 of the Revised Code.	177

(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

The state shall not indemnify a municipal corporation or the	213
members of the municipal corporation's legislative authority for	214
any of the following or to the extent that any of the following	215
apply:	216

(2) Any part of the judgment or settlement that is based upon	220
an officer or employee of the municipal corporation acting	221
manifestly outside the scope of the officer's or employee's	222
employment or official responsibilities, with malicious purpose,	223
in bad faith, or in a wanton or reckless manner;	224

(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

(2) "Adult cabaret" means a nightclub, bar, juice bar,	241
restaurant, bottle club, or other similar commercial	242
establishment, regardless of whether alcoholic beverages are	243
served, that regularly features individuals who appear in a state	244
of nudity or seminudity.	245

(3) "Adult motion picture theater" means a commercial	246
establishment where films, motion pictures, videocassettes,	247
slides, or similar photographic reproductions that are	248
characterized by their emphasis upon the display of specified	249
sexual activities or specified anatomical areas are regularly	250
shown to more than five individuals for any form of consideration.	251

(4) "Characterized by" means describing the essential	252
character or quality of an item.	253

(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

(6) "Nudity," "nude," or "state of nudity" has the same	261
meaning as in section 2907.39 of the Revised Code.	262

(7) "Operator" means any individual on the premises of a	263
sexually oriented business who causes the business to function or	264
who puts or keeps in operation the business or who is authorized	265
to manage the business or exercise overall operational control of	266
the business premises.	267

(8) "Patron" means any individual on the premises of a	268
sexually oriented business except for any of the following:	269