Sunday evening, The Supreme Court of Ohio made the following decision to NOT allow the voters to decide whether or not to allow Adult Entertainment in the presence of minors within the City limits of Bellefontaine.
The Court said:
“This cause originated in this court on the filing of a complaint for a writ of mandamus involving an expedited election matter. Upon consideration thereof, it is ordered by the court that a writ of mandamus is granted, consistent with the opinion rendered herein.”
You can see the complete filing with the Supreme Court HERE.
On Thursday, September 22, Tim Steinhelfer, Attorney for a group of Bellefontaine citizens filed a complaint in the Ohio Supreme Court after Secretary of State, Frank LaRose, resolved a tie vote taken by the Logan County Board of Elections as to whether there had been any legal discrepancies made by petitioners who circulated a petition to make additions to a City of Bellefontaine Ordinance.
Petitioners wanted to add the following wording to the City of Bellefontaine’s Ordinance 1177:
“The classification of drag artist(s) and drag shows as Adult Cabaret Performance. Adult-orientated exhibitions featuring male or female impersonators who provide displays and entertainment appealing to sexual interest, shall not permit the attendance of a minor. Adult Cabaret Performances shall not be held on public property, or any location viewable by a minor.”
There were some petitions that were circulated for voters to sign that did not include some or all of the wording above, making the petitions invalid.
Currently, the City of Bellefontaine Ordinance Chapter 1177, Adult Entertainment stands as:
1177 INTRODUCTION
“The purpose of sections 1177.01 through 1177.04 inclusive of this ordinance is to promote the public health, safety, and welfare through the regulation of adult entertainment businesses. It is the intent of these sections to regulate entertainment businesses, as defined herein, in such a manner as to prevent the erosion of the character of the surrounding neighborhoods and to prohibit the establishment of such businesses within close proximity to existing adult businesses, residentially zoned areas, schools, churches parks, and playgrounds within the city.”
1177.02 DEFINITION.
The following definition shall apply in the interpretation of this Ordinance:
(a) “Adult Entertainment Business” means an adult book store, adult motion picture theater, adult drive-in motion picture theater, or an adult-only entertainment establishment as further defined in this section.
(b) “Adult Book Store” means an establishment which utilizes 15 percent or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled
still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes, and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
(c) “Adult Motion Picture Theater” means an enclosed motion picture theater which is regularly used or utilizes 15 percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting,
describing or related to adult material as defined in this section.
(d) “Adult Motion Picture Drive-In Theater” means an open-air drive-in theater which is regularly used or utilizes 15 percent or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting,
describing or related to adult material as defined in this section.
(e) “Adult Only Entertainment Establishment” means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(f) “Adult Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch, and:
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
(g) “Bottomless” means less than full opaque covering of male or female genitals, pubic area, or buttocks.
(h) “Nude or Nudity” means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any
portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(i) “Topless” means the showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
(j) “Sexual Activity” means sexual conduct or sexual contact, or both. “Sexual Contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(k) “Sexual Excitement” means the condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
1177.03 CONDITIONAL USE PERMIT REQUIRED.
No building shall be erected, constructed, or developed, and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with this Ordinance. In addition to said provisions, an adult entertainment business shall comply with the following conditional use criteria:
(a) Adult entertainment businesses shall comply with the district regulations applicable to all properties in any district in which they are located.
(b) No adult entertainment business shall be permitted in a location which is within 1,500 feet of another adult entertainment business;
(c) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center;
(d) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary of any residential district;
(e) No adult entertainment business shall be permitted in a location which is within 200 feet of any boundary of any residential district in a local unit of government abutting the city.
1177.04 ZONING OF ADULT ENTERTAINMENT BUSINESSES.
Adult entertainment businesses shall be conditionally permitted in accordance with the following schedule: Conditionally Permitted Use Districts Wherein Permitted
- Adult Book Store M-2
- Adult Motion Picture Theater M-2
- Adult Motion Picture Drive-In Theater M-2
- Adults Only Entertainment Establishment M-2
(Ord. 15-10. Passed 3-10-14.)
