File #: O-017-25    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 1/9/2025 In control: City Council
On agenda: 1/14/2025 Final action:
Title: Amending Toledo Municipal Code (TMC), Part Eleven, Subsections 1116.0183 correcting references to the Ohio Revised Code (ORC); and declaring an emergency.
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Label

Text Amendment modifying TMC 1116.0183

Zoning & Planning Committee

1/8/25

 

Title

Amending Toledo Municipal Code (TMC), Part Eleven, Subsections 1116.0183 correcting references to the Ohio Revised Code (ORC); and declaring an emergency.

 

Body

SUMMARY & BACKGROUND:

The Plan Commission is requesting a minor correction to TMC§1116.0183 Sexually-Oriented Business. The section currently contains three references to Ohio Revised Code Section 4731.16 when defining acceptable licensure for massage therapists. ORC Section 4731.16 gives the state medical board the power to administer or set a standard for examinations of competency to practice massage therapy.

 

TMC§1116.0183 Sexually-Oriented Business is meant to reference ORC Section 4731.17, which grants the state medical board the power to issue licenses to practice massage therapy should an applicant meet the requirements. One of these requirements is to pass an examination as prescribed in currently-referenced ORC Section 4731.16. The requested text amendment seeks only to correct this scrivener’s error.

 

Summary

NOW THEREFORE Be it ordained by the Council of the City of Toledo:

 

SECTION 1 That Toledo Municipal Code, Part Eleven, Subsection 1116.0183, which reads as follows:

 

1116.0183

Sexually-Oriented Business

As used in this Zoning Code, ‘sexually-oriented business’ means an inclusive term used to describe collectively:  adult media store, bathhouse, lingerie modeling or photograph studio, massage parlor (except for massage therapy as licensed by the State of Ohio in Revised Code Section 4731.16), motion picture arcade booth, sex shop, sexual encounter center, sexually-oriented cabaret or sex-oriented cabaret, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema.  This collective term does not describe a specific land use and shall not be considered a single land-use category for purposes of the Zoning Code or other applicable ordinances. (12) ‘Massage parlor’ means an establishment offering massage therapy and/or body work by a massage therapist not licensed under Revised Code Section 4731.16 or under the direct supervision of a licensed physician. (13) ‘Massage studio’ means an establishment offering massage therapy and/or body work by a massage therapist licensed under Revised Code Section 4731.16 or under the direct supervision of a licensed physician.

 

 

be amended to read as follows:

 

 

1116.0183

Sexually-Oriented Business

As used in this Zoning Code, ‘sexually-oriented business’ means an inclusive term used to describe collectively:  adult media store, bathhouse, lingerie modeling or photograph studio, massage parlor (except for massage therapy as licensed by the State of Ohio in Revised Code Section 4731.17, motion picture arcade booth, sex shop, sexual encounter center, sexually-oriented cabaret or sex-oriented cabaret, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema.  This collective term does not describe a specific land use and shall not be considered a single land-use category for purposes of the Zoning Code or other applicable ordinances. (12) ‘Massage parlor’ means an establishment offering massage therapy and/or body work by a massage therapist not licensed under Revised Code Section 4731.17 or under the direct supervision of a licensed physician. (13) ‘Massage studio’ means an establishment offering massage therapy and/or body work by a massage therapist licensed under Revised Code Section 4731.17 or under the direct supervision of a licensed physician.

 

 

                     Vote on emergency clause:  yeas _____, nays _____.

 

                     Passed:  _________________, as an emergency measure:  yeas _____, nays _____.

 

 

Attest:  ________________________                                              __________________________________

                            Clerk of Council                                                                           President of Council

 

                     

Approved:  _____________________                                          __________________________________

                                                                                                                                                                                                   Mayor

 

 

                     I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.

 

 

Attest:  ________________________

                    Clerk of Council