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Codified Ordinances of Bellevue, OH
Codified Ordinances of the City of Bellevue, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF BELLEVUE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PARTS ELEVEN AND TWELVE - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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535.04 PERMIT REQUIRED.
   (a)    No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in the City, the operation of adult entertainment businesses without first having obtained a permit from the City.
   (b)    A separate permit is required for each location at which an adult entertainment business is operated.
(Ord. 45-97. Passed 8-11-97.)
535.05 APPLICATION FOR PERMIT; FEE.
   (a)    Application for an original or renewal permit shall be in writing on forms prescribed by the City and shall be filed with the Safety-Service Director.
   (b)    An application for a renewal permit shall be filed not later than thirty days prior to expiration of the permit to be renewed.
   (c)    All applications shall be filed with the Safety-Service Director.
   (d)    A non-refundable filing fee shall be paid at the time of filing the application as follows:
(1)    Two hundred dollars ($200.00) for an initial permit to operate an adult entertainment business and in addition thereto, ten dollars ($10.00) for each background check of the applicant and the employees, conducted by the City Police Department.
(2)    One hundred dollars ($100.00) for a renewal permit to operate an adult entertainment business.
 
   (e)    An application for an initial permit to operate an adult entertainment business establishment shall contain the following:
(1)    The address where the adult entertainment business establishment is operated or is to be operated;
(2)    The status of the applicant as an individual, partnership or limited partnership, domestic or foreign corporation, or other entity;
(3)    The full name, residence address, date of birth and social security number of the applicant or the person applying on behalf of a partnership, corporation or other entity;
(4)    The full name, residence address, date of birth and social security number of the applicant or any employees applying on behalf of the adult entertainment business;
(5)    If the applicant is a partnership or limited partnership, the name of the partnership; the status of the partnership as a general or limited partnership; the state of other jurisdiction under which it is organized; the address of its principal office in Ohio; its federal identification number; the name and address, date of birth and social security number of each partner; and the status of each partner as a general or limited partner;
(6)    If the applicant is a corporation, the name of the corporation; the state or other jurisdiction under which it is organized; the address of its principal office; the address of its principal office in Ohio; its federal identification number; the name and address of its statutory agent in Ohio; and the full name, residence address, date of birth, and social security number of each shareholder holding more than two percent of the applicant's stock. If any shareholder is a corporation or a general or limited partnership, the same information shall be included for such shareholder as is required for an applicant that is a corporation or general or limited partnership;
(7)    Authorization for an investigation into the background, including any criminal record of the applicant and any person or entity named in the application, including authorization to conduct subsequent investigations to supplement or update the information; and
(8)    The applicant's agreement to abide by these regulations and the laws of Ohio, and any amendments, additions, or re-enactment thereof.
   (f)   Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that such information changes in any way from what is stated on the application. The failure to comply with such continuing duty within thirty days from the date of such change, by supplementing the application on file with the City shall be grounds for suspension of a permit.
(Ord. 45-97. Passed 8-11-97.)
535.06 INSPECTION AND INVESTIGATION UPON PERMIT APPLICATION.
   (a)    Upon receipt of an application for a permit or renewal permit to operate an adult entertainment business, the Safety Service Director shall notify the State or local authorities to conduct building, health and safety inspections of the specified premises, and to determine compliance or noncompliance with applicable building, health and safety codes. Written reports of inspection shall be prepared by the inspectors and filed with the Safety Service Director within thirty days after receipt of an application for a permit or renewal permit to operate an adult entertainment business, and shall become part of the application for a permit.
   (b)    Upon receipt of an application for a permit or renewal permit to operate an adult entertainment business, the Safety Service Director shall refer the applicant to the City Police Department to be fingerprinted, and to conduct an investigation into the background of the applicant and of other persons or entities named in the application. A written report of the results of the investigation shall be prepared by the investigating officer or agency and filed with the Safety Service Director within thirty days after receipt of an application for a permit of renewal permit to operate an adult entertainment business, and shall become a part of the application for a permit.
(Ord. 45-97. Passed 8-11-97.)
535.07 ACTION ON APPLICATION.
   (a)    The Safety Service Director shall act on the application within thirty days after the filing of the reports required in Section 535.05 and 535.06.
   (b)    The application shall be denied if:
(1)    The application is incomplete, contains any false information or fails to comply with these regulations;
(2)    If the applicant is a limited partnership, corporation or other entity, the applicant is not in good standing in the jurisdiction where organized;
(3)    The operation of an adult entertainment business establishment at the specified premises would violate existing zoning restrictions;
(4)    The report of the building, health and safety inspections conducted pursuant to Section 535.06 (a) reveal any illegal, unsanitary, unsafe or hazardous condition on the premises subject to the permit or renewal permit or any violation of applicable health or safety codes;
(5)    The applicant for a permit or renewal permit to operate an adult entertainment business establishment has failed to cooperate with any required building, health or safety inspection or background investigation;
(6)    The applicant or any person named in the application for a permit or renewal to operate an adult entertainment business is under age eighteen;
(7)    The applicant or any person named in the application for an initial or renewal permit to operate an adult entertainment business within the past five years has been convicted of or pleaded guilty to an offense under Ohio Revised Code Chapter 2907 or substantially equivalent offense under a municipal ordinance in Ohio, or under the laws of another state or territory or of the United States, or under a municipal ordinance in any such jurisdiction;
(8)    The Liquor Control Commission has revoked, under Ohio Revised Code 4301.25, a permit held by any one of the persons named on the application;
(9)    The applicant has violated these regulations, or aided and abetted any violation of these regulations;
(10)    If the location of the adult entertainment business is within 1,500 feet from the boundaries or a parcel of real estate having situated on it a school, church, library, public park, tavern, bar or another adult entertainment business;
(11)    If the location of the adult entertainment business is within 1,000 feet from the boundaries of any residential district;
(12)    If the building, structure or portion thereof already contains another adult entertainment business, a bar or tavern.
   (c)    If the application is denied, the Safety Service Director shall promptly notify the applicant in writing of the order denying the application. If approved, the Safety Service Director shall promptly issue to the applicant a permit.
   (d)    A permit or renewal permit to operate an adult entertainment business establishment shall contain the address of the permit premises, the name and address of the permit holder, and the date of issuance and date of expiration of the permit.
(Ord. 45-97. Passed 8-11-97.)
535.08 EXPIRATION OF PERMIT.
   (a)    A permit to operate an adult entertainment business establishment is valid for one year, and expires on the anniversary of the date of the issuance, unless sooner revoked as provided in these regulations.
   (b)    Application for renewal shall be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the permit shall not be affected.
(Ord. 45-97. Passed 8-11-97.)
535.09 DISPLAY OF PERMIT.
   The permit to operate an adult entertainment business establishment shall be prominently displayed in an area of the establishment open to the public.
(Ord. 45-97. Passed 8-11-97.)
535.10 REVOCATION OF PERMIT.
   (a)    The City may at any time revoke a permit issued pursuant to these regulations, on any of the same grounds listed in Section 535.07 (b) for denial of the permit.
   The Safety Service Director shall promptly notify the permittee in writing of the order of revocation.
(b)   When a permit is revoked, the revocation shall continue for one year.
(Ord. 45-97. Passed 8-11-97.)
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