(a) It shall be unlawful:
(1) For any person to operate a sexually oriented business without a valid sexually oriented business operator’s license (“operator’s license”) issued by the City pursuant to this chapter.
(2) For any person who operates a sexually oriented business to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee (“Employee License”) by the City pursuant to this chapter.
(3) For any person to obtain employment with a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
(4) It shall be a defense to subsections (a)(2) and (3) hereof if the employment is of limited duration and for the sole purpose of repair and/or maintenance of machinery, equipment, or the premises.
(b) An application for a license must be made on a form provided by the City. All applicants must be qualified according to the provisions of this chapter.
(c) An application for a sexually oriented business operator’s license or a sexually oriented business employee license shall file with the Housing and Zoning Inspector a completed application made on a form prescribed and provided by the City Manager. The applicant shall be qualified according to the provisions of this chapter. The application shall be notarized. The application shall include the information called for in subsections (c)(1) through (6), and where applicable, subsection (c)(7), as follows:
(1) The full true name and any other names used in the preceding five (5)years.
(2) The current business address.
(3) Either a set of fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant’s Social Security Number, to be used for the same purpose.
(4) If the application is for a sexually oriented business operator’s license, the name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business.
(5) Written proof of age, in the form of either a copy of a birth certificate and current photo, a current driver’s license with picture, or other picture identification document issued by a governmental agency.
(6) The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, and whether any such license or permit has been denied, revoked, or suspended, and if so, the reason or reasons therefor.
(7) If the application is for a sexually oriented business operator’s license, the name and address of the statutory agent or other agent authorized to receive service of process.
The information provided pursuant to subsections (c)(1) through (7) shall be supplemented in writing by certified mail, return receipt requested, to the Housing and Zoning Inspector within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.
(d) The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(e) If the person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a license as applicant. If the person that wishes to operate a sexually oriented business other than as an individual (such as a corporation), each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as the applicant. Each applicant must be qualified under Section 747.05, and each applicant shall be considered as a licensee if a license is granted.
(f) A person who possesses a valid business license is not exempt from the requirement of obtaining any required sexually oriented business operator’s license. A person who operates a sexually oriented business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable.
(g) Each application for an operator’s license shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is a State of Ohio corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(3) If the establishment is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
(4) If the establishment is a limited partnership formed under the laws of the State of Ohio, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(5) If the establishment is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
(6) Proof of the current fee ownership of the tract of land on which the establishment is to be situated in the form of a copy of the recorded deed;
(7) If the person identified as the fee owner(s) of the tract of land in subsection (g)(6) hereof is not also the owner of the sexually oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owner(s) or proposed owner(s) of the sexually oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the sexually oriented business;
(8) A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 1,000 feet of the property to be certified; and the properly lines of any established religious institution/synagogue, school, public park or recreation area within 1,000 feet of the property to be certified. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time an application is submitted;
(9) Any of subsections (g)(2) through (8) above shall not be required for a renewal application if the applicant states that the documents previously furnished to the Housing and Zoning Inspector with the original application or previous renewals thereof remain correct and current.
(h) The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the Housing and Zoning Inspector on a confidential basis, and may be disclosed only: (1) to other governmental agencies in connection with a law enforcement or public safety function, or (2) as may otherwise be required by law or a court order.
(Ord. 107-05. Passed 12-5-05.)
(Ord. 107-05. Passed 12-5-05.)