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(a) It shall be the duty of the operator of a sexually oriented business to:
(1) Initiate and enforce a "no loitering" policy within the external boundaries of the real property upon which the sexually oriented business is located;
(2) Post conspicuous signs stating that no loitering is permitted on such property;
(3) Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every thirty minutes or inspecting such property by use of video cameras and monitors; and
(4) Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.
(b) No person having a duty under this section shall knowingly fail to fulfill that duty.
(Ord. 115-98. Passed 9-28-98.)
(a) No sexually oriented business shall be established in any zoning district other than an Industrial District that has not been zoned or "overlaid" for any mixed use zoning and is zoned exclusively for an Industrial use. In addition, no such business shall be established within 1,000 feet of:
(1) A church, Kingdom Hall, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility, including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school.
(3) A boundary of a Residential District, Office, Commercial or any Mixed Use or Overlay Zoning District as these are defined in the Zoning Code.
(4) A public park or recreational area which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir athletic field, basketball or tennis courts, pedestrian bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of the City park and recreation authorities;
(5) The property line of a lot devoted to a residential use, as defined in the Zoning Code;
(6) An entertainment business which is oriented primarily towards children or family entertainment; or
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(b) No adult entertainment business shall be established, operated or enlarged within 1,000 feet of another adult entertainment business.
(c) Not more than one adult entertainment business shall be established or operated in the same building, structure, or portion thereof.
(d) For the purpose of subsection (a) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted, to the nearest property line of the premises of a use listed in subsection (a) hereof. The presence of a City, County or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(e) For purposes of subsection (b) hereof, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.
(f) Any sexually oriented business lawfully operating on September 28, 1998, that is in violation of subsections (a) through (e) hereof, shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use.
(Ord. 115-98. Passed 9-28-98; Ord. 33-07. Passed 3-26-07.)
Any person who operates or causes to be operated a sexually oriented business or adult motel in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations under Section 850.99.
(Ord. 115-98. Passed 9-28-98.)
(a) Any establishment in operation on the effective date of this chapter that is considered a sexually oriented business or adult motel under the terms of this chapter will be subject to the terms of this chapter as of the effective date of this chapter. Any sexually oriented business must submit an application for a sexually oriented business license pursuant to this chapter within sixty days of its effective date. Any establishment for which a sexually oriented business license application is submitted within the required sixty-day period will be permitted to operate, subject to compliance with the nonlicensing provisions of this chapter, pending review of the license application and any appeal of a license denial.
(b) Any person acting, on the effective date of this chapter, as an employee in an establishment that is considered a sexually oriented business under the terms of this chapter will be subject to the terms of this chapter as of the effective date of this chapter. Any such person must submit an application for a sexually oriented business employee license pursuant to this chapter within sixty days of its effective date. Any person who has submitted an application for a sexually oriented business employee license within the required sixty-day period will be permitted to continue acting as an employee in an establishment that is considered a sexually oriented business, subject to compliance with the nonlicensing provisions of this chapter, pending review of the license application and any appeal of a license denial.
(Ord. 115-98. Passed 9-28-98.)
(a) Whoever violates Section 850.04 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both, for each offense.
(c) Whoever violates Section 850.17 is guilty of a misdemeanor of the first degree.
(d) Except as otherwise provided, whoever violates Section 850.19(a), or whoever operates a sexually oriented business and knowingly permits a violation of Section 850.19(a) on the premises, is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hunded fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. If the offender previously has been convicted of or pleaded guilty to one violation of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the second degree. The person shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both, for each offense. If the offender previously has been convicted of or pleaded guilty to three or more violations of Section 850.19(a), a violation of Section 850.19(a) will be considered a misdemeanor of the first degree.
(e) Whoever operates a sexually oriented business and knowingly permits a violation of Section 850.19(f) on the premises is guilty of a misdemeanor of the first degree.
(f) Whoever operates a sexually oriented business in violation of Section 850.19(b), (d) or (e) is guilty of a misdemeanor of the fourth degree.
(g) Any operator of a sexually oriented business or his or her agent or employee who recklessly violates, or operates a sexually oriented business in violation of Section 850.19(c) is guilty of a misdemeanor of the second degree. Mistake of age is not a defense to a charge under Section 850.19(c), unless the person under age eighteen who was permitted on the premises exhibited to the operator or his or her agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was eighteen years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under eighteen years old.
(h) Each day that a sexually oriented business or adult motel operates in violation of this chapter is a separate offense or violation.
(Ord. 115-98. Passed 9-23-98.)