Posted by: Patricia Salkin | May 26, 2009

Ohio AG Publishes New Criminal Ordinance and Updated Model Licensing Ordinance for Sexually Oriented Businesses

The Ohio Legislature enacted S.B. 16, effective September 2007 which, among other things, prohibits sexually oriented business from operating between midnight and six am except where establishments have liquor licenses they may operate pursuant to the license so long as there is no nude entertainment; prohibits patrons from touching nude or semi-nude entertainers; prohibits entertainers who are nude or semi-nude from touching any patrons; authorizes the attorney general to provide guidance and drafting assistance for ordinances to implement this law at the request of municipalities; and requires the state to indemnify local governments who adopt such ordinances pursuant to advice from the attorney general. As a result, the attorney general has posted a new model criminal ordinance and an updated version of a model licensing office. The attorney general has stated that if the guidance is followed, his office stands ready to assist in any challenge brought in federal court without charge to the township, municipal corporation or prosecuting attorney’s office. In response to a posting on the list serve of the Ohio Chapter of the American Planning Association, Professor Alan Weinstein pointed out that the model ordinances do not address locational (zoning) restrictions on adult entertainment businesses. He commented that the basic requirement for any community is that its locational restrictions provide a reasonable opportunity for adult entertainment businesses to operate in that community.

The information on the AG’s website can be accessed at: http://www.ag.state.oh.us/legal/adult.asp


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