(A) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the village. Operation of a business without a permit is a misdemeanor.
(B) The Village Administrator and Police Chief are jointly responsible for granting, denying, revoking, renewing, suspending, and canceling permits for proposed or existing sexually oriented businesses. To be approved, applications must comply with all the locational and zoning requirements of the village.
(C) Applications must be made on a form provided by the village. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents.
(1) If the applicant is:
(a) An individual: the individual’s legal name, aliases, and proof of age over 18 by birth certificate or drivers license, social security number and fingerprints;
(b) A partnership: the complete name, all partner’s names, and a copy of any partnership agreement; or
(c) A corporation: its complete name, date of corporation; names of all officers, directors and stockholders owning 10% or more of the shares, name and address of its registered agent and evidence of good standing under Ohio law.
(2) The name of the sexually oriented business if different from the applicant’s name and any registration documents.
(3) Whether the applicant or other individual(s) named in the application has been convicted of a misdemeanor criminal act within the five years immediately preceding the application date, or any felony regardless of the date of conviction, and, if so, the act involved and the date and place of the conviction.
(4) Whether the applicant or other individual(s) named in the application has had a sexually oriented business permit revoked, suspended, or denied and the name of the business, the municipality or county of occurrence, and the date on which the permit was suspended, revoked or denied.
(5) Whether the applicant or other individual(s) named in the application held any other sexually oriented business permits and the names and locations of all other such businesses.
(6) The proposed location of the business, including a legal description of the property, street address and telephone number.
(7) The business and residential addresses and telephone numbers of the applicant and other individual(s) named in the application. If the applicant or other individual(s) named in the application has been at his, her, or its current address for less than five years, then all business and residential addresses of each individual for five years prior to the date of application must be included and the dates he, she, or it was at each address indicated.
(8) The driver’s license number, social security number, and tax identification number of the applicant and other individual(s) named in the application.
(9) A current certificate and straight line drawing prepared by a registered land surveyor depicting the property lines of the proposed business and the property lines of any existing protected use within 1,000 feet of the proposed business. A protected use is established if it is in existence at the time the application is submitted.
(10) The application must be signed by the individual applicant and all individual(s) named in the application.
(11) A signed release indicating the applicant’s understanding that city, county and state criminal records checks, going back five years before the date of the application, will be performed for the applicant and all individual(s) named in the application.
(D) Applicants are under a continuing duty to promptly update their application information. Failure to do so within 30 days of the date of a change in application information shall be grounds for permit suspension.
(E) If the Village Administrator learns an applicant has improperly completed the permit application, the Administrator shall promptly notify the applicant and allow ten days for correction.
(F) A $100 non-refundable application fee is due at the time the applicant files an application.
(G) Concurrent with obtaining a permit to operate a sexually oriented business, the applicant shall obtain certification that the proposed location complies with the location requirements of the zoning regulations.
(H) The possession of other types of state or city permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually oriented business permit.
(I) By filing an application the applicant shall be deemed to have consented to the provisions of this chapter and to the investigation of the application by the Village Administrator and his or her designees.
(J) The applicant is required to provide the village with the names of all employees required to be licensed by this chapter. This obligation continues even after a permit is granted or renewed.
(K) A sexually oriented business permit may be renewed annually upon written application, subject to payment of the annual permit fee and that the permit holder is still in conformance with the permit requirements.
(Ord. 1175-97, passed 10-14-1997) Penalty, see § 110.99