Section
120.01 Definitions
120.02 Sexually oriented business use commissioner
120.03 Sexually oriented business licenses generally
120.04 Form and submittal of license application
120.05 Processing of license application
120.06 Standards for issuance or denial of license
120.07 Inspection by the city
120.08 Change in information
120.09 Regulations applicable to all sexually oriented businesses
120.10 Special regulations for adult booths
120.11 Special regulations for adult cabarets
120.12 Special regulations for adult stores
120.13 Special regulations for adult theaters
120.14 Licensee responsibility for employees
120.15 License revocation or suspension
120.16 Administrative record
120.17 Recordkeeping by licensee
120.18 Penalty
120.19 Nuisance declared
120.20 Computation of time
For the purposes of this section, the following terms, phrases, and words shall have the meanings given to them herein.
ADULT BOOTH. Any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
ADULT MATERIAL. Any of the following, whether new or used:
(1) Books, magazines, periodicals, or other printed matter, or digitally stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(2) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(3) Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
CITY ZONING ORDINANCES. The part of the Dublin City Code of Ordinances known and referred to as the Dublin Zoning Code of Ordinances, as it may be amended from time to time.
COMMERCIAL ESTABLISHMENT. Any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
DAYS. Calendar days, unless otherwise specifically set forth in this chapter.
LICENSED PREMISES. The place or location described in the sexually oriented business establishment license where a sexually oriented business establishment is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way, or grounds adjacent to any such place or location shall be included within the licensed premises.
LICENSEE. Any person or entity that has been issued a sexually oriented business license pursuant to the provisions of this chapter.
NUDE OR STATE OF NUDITY. A state of dress or undress that exposes to view (1) less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
REVIEWING DEPARTMENTS. The City Manager, Police Department, Planning Department, and Law Director's Office.
SEMI-NUDE. A state of dress or undress in which clothing covers no more than the human genitals, anus, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices or by other minor accessory apparel such as hats, gloves, and socks.
SEXUALLY ORIENTED BUSINESS COMMISSIONER. The City Manager, or his designee, shall be the Sexually Oriented Business Use Commissioner.
SEXUALLY ORIENTED BUSINESS ESTABLISHMENT. Any of the following commercial establishments, as defined herein:
(1) Adult Cabaret. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
(a) Persons who appear nude or semi-nude.
(b) Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(c) Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
(2) Adult Store. Any commercial establishment that:
(a) Contains one or more adult booths;
(b) As a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or
(c) Has a segment or section devoted to the sale or display of adult materials.
(3) Adult Theater. Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
SEXUALLY ORIENTED BUSINESS ESTABLISHMENT EMPLOYEE. Any individual, including entertainers, who work in or at, or render any services directly related to the operation of an adult entertainment establishment; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or, repairs, to the licensed premises.
SEXUALLY ORIENTED BUSINESS ESTABLISHMENT LICENSE. A license issued for a sexually oriented business establishment pursuant to the provisions of this chapter.
SEXUALLY ORIENTED BUSINESS ESTABLISHMENT PATRON. A sexually oriented business establishment employee, present in or at any sexually oriented business establishment at any time when such sexually oriented business establishment is open for business; provided, however, that this definition shall not include persons delivering goods, materials (other than adult materials), food and beverages, or performing maintenance or repairs, to the licensed premises.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
SPECIFIED CRIMINAL ACT. Any unlawful, lewd, indecent, or immoral criminal conduct.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(2) Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy.
(3) Masturbation, actual or simulated.
(4) Human genitals in a state of sexual stimulation, arousal, or tumescence.
(5) Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (2) of this definition.
STRADDLE DANCE. The use by any person, including specifically but without limitation, a sexually oriented business establishment employee, of any part of his or her body to touch the genitals, pubic region, buttock, anus or female breast of any sexually oriented business establishment patron or any other person, or the touching of the genitals, pubic region, buttock, anus, or female breast of any person by any sexually oriented business establishment patron. Conduct shall be a STRADDLE DANCE regardless of whether the "touch" or "touching" occurs while the person is displaying or exposing any specified anatomical area. Conduct shall also be a STRADDLE DANCE regardless of whether the "touch" or "touching" is direct or through a medium. Conduct commonly referred to by the slang terms "lap dance," "table dance," and "face dance" shall be included within this definition of STRADDLE DANCE.
The City Manager, or his designee, is designated the Sexually Oriented Business Use Commissioner. The Sexually Oriented Business Use Commissioner shall have the following powers and duties:
(A) To administer and rule upon the applications for, and the issuance, renewal, suspension, and revocation of sexually oriented business licenses as set forth in this chapter.
(B) To conduct or provide for such inspection of sexually oriented businesses as shall be necessary to determine and ensure compliance with the provisions of this chapter and other applicable provisions of law.
(C) To periodically review the provisions of this chapter and the conduct and operation of sexually oriented business establishments, and to make such related reports and recommendations to the City Council as the sexually oriented business use commissioner shall deem necessary.
(D) To conduct such hearings, studies, and reports on sexually oriented businesses as the Sexually Oriented Business Use Commissioner shall deem necessary, and to conduct such hearings on the revocation or suspension of a sexually oriented business license as required pursuant to this chapter.
(E) To take such further actions as the Sexually Oriented Business Use Commissioner deems necessary to carry out the purpose and intent of this chapter and to exercise such additional powers in furtherance thereof as are implied by the powers and duties expressly set forth in this chapter.
(A) Sexually Oriented Business License Required. A sexually oriented business license shall be required to establish, operate, or maintain a sexually oriented business within the city.
(B) Operation Without License Prohibited. It shall be unlawful for any person not having a current and valid sexually oriented business license to establish, operate, or maintain a sexually oriented business within the city at any time after the effective date of this chapter.
(C) Operation in Violation of License Prohibited. It shall be unlawful for any licensee to establish, operate, or maintain a sexually oriented business within the city except in the manner authorized by, and in compliance with, the provisions of this chapter and the licensee's sexually oriented business license.
(D) Content and Display of License. Every sexually oriented business license shall be provided by the city and shall, at a minimum, prominently display on its face the name of the licensee, the expiration date, and the address of the sexually oriented business. Every licensee shall display the license at all times in plain view in a conspicuous place on the licensed premises so that it can be easily seen and read at any time by any person entering the licensed premises.
(E) License Term. Sexually oriented business licenses shall be operative and valid, unless first terminated, suspended, or revoked, for a term of one year commencing on the date of issuance and may be renewed only by making an application. Application for renewal should be made at least forty-five days before the expiration date.
(A) Required Form. An application for a sexually oriented business license, or the renewal thereof, shall be made in writing to the Sexually Oriented Business Use Commissioner on a form prescribed by the Sexually Oriented Business Use Commissioner and shall be signed by (1) the applicant, if the applicant is an individual; (2) at least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization; or (3) by a duly authorized agent, if the applicant is a corporation. Each application shall specifically identify the applicant and the licensed premises for which a sexually oriented business license is sought. Each initial or renewal application shall be accompanied by ten identical copies.
(B) Administrative Processing Fee. Every applicant for a sexually oriented business license shall pay an administrative processing fee in the amount of $100. The administrative processing fee shall in all cases be non-refundable.
(C) Required Information and Documents. Each application shall include the following information and documents:
(1) Names of applicants.
(a) Individuals. The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.
(b) Corporations. The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and of every person owning or controlling more than 50% of the voting shares of the corporation; the corporation's date and place of incorporation and the objects for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Ohio; and the name of the registered corporate agent and the address of the registered office for service of process.
(c) Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization. The applicant organization's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.
(2) The general character and nature of the business of the applicant.
(3) The location, including street address and legal description, and telephone number, of the premises for which the sexually oriented business license is sought.
(4) The specific name of the business that is to be operated under the sexually oriented business license.
(5) The identity of each fee simple owner of the licensed premises.
(6) A diagram showing the internal and external configuration of the licensed premises, including all doors, windows, entrances, exits, and the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clear compliance with the provisions of this chapter. The requirements of this division shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licensed premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licensed premises. The approval or use of the diagram required pursuant to this division shall not be deemed to be, and shall not be interpreted or construed to constitute, any other city approval otherwise required pursuant to applicable city ordinances and regulations.
(7) The specific type or types of sexually oriented businesses that the applicant proposes to operate in the licensed premises.
(8) A copy of each sexually oriented business license, liquor license, and gaming license currently held by the applicant or any of the individuals identified in the application.
(9) The name of the individual or individuals who shall be the day-to-day, on-site managers of the proposed sexually oriented business.
(10) Any application for a sexually oriented business license that does not include all of the information and documents required pursuant to this section shall be deemed to be incomplete and shall not be acted on or processed by the city. The Sexually Oriented Business Use Commissioner shall, within five days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
(A) Upon the filing of an application for a sexually oriented business license, the Sexually Oriented Business Use Commissioner shall refer the application to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within 30 days from the date of the completed application. After the investigation, the Sexually Oriented Business Use Commissioner shall issue a license unless the requirements set forth above are not met.
(B) Appeal. An applicant may appeal any decision of the Sexually Oriented Business Use Commissioner denying an application to the Dublin City Council. The applicant must file the appeal with the Clerk of Council within 15 days after service of notice upon the applicant of the Commissioner's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Commissioner may submit a memorandum in response if the Commissioner so desires. After reviewing the memoranda, as well as the Commissioner's written decision, if any, the City Council shall vote either to uphold or overrule the Commissioner's decision. City Council shall rule on the appeal within 30 days of its filing. All parties shall comply with the Commissioner's decision pending appeal. Judicial review may be made pursuant to Chapter 2506 of the Ohio Revised Code.
(A) The Sexually Oriented Business Use Commissioner shall issue a sexually oriented business license to an applicant if, but only if, the Sexually Oriented Business Use Commissioner finds and determines all of the following based on the reports, investigations, and inspections conducted by the Sexually Oriented Business Use Commissioner and any Reviewing Departments and on any other credible information on which it is reasonable for the Sexually Oriented Business Use Commissioner to rely.
(1) All information and documents required by this chapter for issuance of a sexually oriented business license have been properly provided and the material statements made in the application are true and correct.
(2) No person identified in the application has been convicted of, or pleaded nolo contendere to, any criminal act within five years immediately preceding the date of the application.
(3) No person identified in the application is overdue on payment to the city of taxes, fees, fines, or penalties assessed against or imposed on any such individual in connection with any sexually oriented business.
(4) The sexually oriented business and the licensed premises comply with all then-applicable building, health, and safety codes and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the Dublin Zoning Code.
(5) The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of the City Zoning Ordinance applicable to sexually oriented businesses, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed sexually oriented business establishment and its proposed operation are and shall be in compliance therewith.
(B) Denial. If the Sexually Oriented Business Use Commissioner determines that the applicant has not met any one or more of the conditions set forth herein, then the Sexually Oriented Business Use Commissioner shall deny issuance of the sexually oriented business license and shall give the applicant a written notification and explanation of such denial.
(C) License Deemed Issued. If the Sexually Oriented Business Use Commissioner does not issue or deny the sexually oriented business license within 30 days after the properly completed application is submitted, then the sexually oriented business license applied for shall be deemed to have been issued.
(A) Authority. The Sexually Oriented Business Use Commissioner and other city representatives and departments with jurisdiction shall periodically inspect all sexually oriented businesses as shall be necessary to determine compliance with the provisions of this chapter and all other applicable law.
(B) Licensee Cooperation. A licensee shall permit representatives of the city to inspect the licensed premises and the sexually oriented business establishment for the purpose of determining compliance with the provisions of this chapter and all other applicable law at any time during which the licensed premises is occupied or the sexually oriented business establishment is open for business.
(C) Interference or Refusal Illegal. It shall be unlawful for the licensee, any sexually oriented business employee, or any other person to prohibit, interfere with, or refuse to allow, any lawful inspection conducted by the city pursuant to this chapter or any other authority.
(D) Suspension or Revocation. Any such prohibition, interference, or refusal shall be grounds for suspension or revocation of the sexually oriented business license.
During the pendency of any application for, or during the term of, any sexually oriented business license, the applicant or licensee shall promptly notify the Sexually Oriented Business Use Commissioner in writing of any change in any material information given by the applicant or licensee in the application for such license, including specifically, but without limitation, any change in managers of the sexually oriented business establishment or in the individuals identified in the application pursuant to this chapter; or if any of the events constituting grounds for suspension or revocation pursuant to this chapter occur.
(A) General Compliance. All licensed premises and sexually oriented business establishments shall comply with the provisions of this chapter, and with the provisions of all other applicable city ordinances, resolutions, rules, and regulations and all other applicable federal, state, and local laws.
(B) Hours of Operation.
(1) No sexually oriented business establishment shall be open for business at any time on any state of Ohio or federal holiday.
(2) No sexually oriented business establishment shall be open for business between the hours of 12:00 a.m. and 11:00 a.m. on any day.
(C) Animals. No animals, except seeing eye dogs required to assist the blind, shall be permitted at any time at or in any sexually oriented business establishment or licensed premises.
(D) Restrooms. All restrooms in sexually oriented business establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the restrooms of a sexually oriented business establishment. Separate male and female restrooms shall be provided for and used by sexually oriented business establishment employees and patrons.
(E) Restricted Access. No sexually oriented business establishment patron shall be permitted at any time to enter into any of the non-public portions of any sexually oriented business establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of sexually oriented business employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the licensed premises. These persons shall remain in the non-public areas only for the purposes and to the extent and time necessary to perform their job duties.
(F) Specific Prohibited Acts.
(1) No sexually oriented business employee or any other person at any sexually oriented business establishment, other than a sexually oriented business employee employed to provide adult entertainment in accordance with the regulations in this chapter shall appear, be present, or perform while nude or semi-nude; further, no such employee shall appear, be present, or perform while nude at any sexually oriented business establishment that serves or otherwise provides alcoholic liquor pursuant to a license issued by the State of Ohio.
(2) No sexually oriented business employee or any other person at any sexually oriented business establishment shall perform or conduct any specified sexual activity with or for any sexually oriented business patron or any other person at any sexually oriented business establishment, or any other sexually oriented business employee, or any other person. No sexually oriented business establishment patron or any other person at any sexually oriented business establishment shall perform or conduct any specified sexual activity with or for any sexually oriented business establishment employee or patron or any other person.
(3) Straddle dances shall be prohibited at all sexually oriented business establishments.
(G) Exterior Display. No sexually oriented business establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of a sexually oriented business establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed pursuant to this chapter with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.
(H) Noise. No loudspeakers or sound equipment audible beyond the licensed premises shall be used at any time.
(I) Gambling and Related Devices Prohibited. No sexually oriented business establishment shall contain any video, pinball, slot, bagatelle, pigeon-hold, pool, or any other games, machines, tables, or implements.
(J) Manager's Station. Each sexually oriented business establishment shall have one or more manager's stations. The interior of each sexually oriented business establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the establishment to which any sexually oriented business establishment patron is permitted access for any purpose.
(K) Alcohol Prohibition. No sexually oriented business establishment that serves or otherwise provides alcoholic liquor pursuant to a liquor license shall provide or allow sexually oriented business establishment employees that appear, are present, or perform while nude.
(A) Prohibited Except in Adult Stores. Adult booths shall be prohibited in all sexually oriented business establishments except adult stores.
(B) Occupancy and Prohibited Acts. Only one individual shall occupy an adult booth at any time. No individual occupying an adult booth shall engage in any specified sexual activities. No individual shall damage or deface any portion of an adult booth.
(C) Open Booth Requirement. In addition to satisfying the manager station requirements of this chapter, all adult stores containing adult booths shall be physically arranged in such a manner that the entire interior portion of each adult booth shall be visible from the common area of the adult store. To satisfy this requirement, there shall be a permanently open and unobstructed entranceway for each adult booth and for the entranceway from the area of the adult store that provides other adult materials to the area of the adult store containing the adult booths. Each of these entranceways shall not be capable of being closed or obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other obstruction whatsoever that would be capable of wholly or partially obscuring the area of the adult store containing the adult booths or any person situated in an adult booth. It shall be unlawful to install adult booths within a sexually oriented business establishment for the purpose of providing secluded viewing of adult materials or live performances.
(D) Aisle Required. There shall be one continuous lighted main aisle alongside the adult booths provided in any adult store. Each person situated in a booth shall be visible at all times from the aisle.
(E) Holes Prohibited. Except for the open booth entranceway, the walls and partitions of each adult booth shall be constructed and maintained of solid walls or partitions without any holes or openings whatsoever.
(F) Signage. A sign shall be posted in a conspicuous place at or near the entranceway to each adult booth that states (i) that only one person is allowed in an adult booth at any one time, (ii) that it is unlawful to engage in any specified sexual activities while in an adult booth, and (iii) that it is unlawful to damage or deface any portion of an adult booth.
(G) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult booth or a licensed premises that includes an adult booth shall be under the age of 18.
(2) No person under the age of 18 shall be admitted to any adult booth or any licensed premises that includes an adult booth.
(3) No person under the age of 18 shall be allowed or permitted to remain at any adult booth or at any licensed premises that includes an adult booth.
(4) No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration of not, any adult material or other goods or services at or from any adult booth or any licensed premises that includes an adult booth.
(A) Performance Area. The performance area of an adult cabaret shall be limited to one or more stages or platforms permanently anchored to the floor (a "Cabaret Stage"). Each Cabaret Stage shall be elevated above the level of, and separate from, the patron seating areas. Each Cabaret Stage shall be separated by a distance of at least 18 inches from all areas of the premises to which sexually oriented business establishment patrons have access. A continuous barrier at least two feet in height and located at least 18 inches from all points of each Cabaret Stage shall separate each Cabaret Stage from all patron seating areas. No adult patron shall be allowed at any time on any Cabaret Stage.
(B) Lighting. Sufficient lighting shall be provided and equally distributed throughout the public areas of the adult cabaret so that all objects are plainly visible at all times. A minimum lighting level of not less than 30 lux horizontal, measured at 30 inches from the floor and on 10-foot centers shall be maintained at all times for all areas of the adult cabaret where sexually oriented business establishment patrons are admitted.
(C) Tipping. No sexually oriented business establishment patron shall offer, and no sexually oriented business establishment employee having performed on any Cabaret Stage shall accept any form of tip or gratuity offered directly or personally to the employee by the sexually oriented business establishment patron. Rather, all tips and gratuities to sexually oriented business establishment employees performing on any Cabaret Stage shall be placed into a receptacle provided for receipt of such tips and gratuities by the sexually oriented business establishment or shall be placed by the sexually oriented business establishment patron on the Cabaret Stage on which the sexually oriented business establishment employee is performing.
(D) Notice of Select Rules. A sign at least two feet by two feet, with letters of at least one inch high shall be conspicuously displayed on or adjacent to every Cabaret Stage stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF DUBLIN. ENTERTAINERS ARE:
1. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT.
2. NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY OR PERSONALLY FROM PATRONS. ANY SUCH TIPS MUST BE PLACED INTO THE RECEPTACLE PROVIDED BY MANAGEMENT OR MUST BE PLACED DIRECTLY ON THE CABARET STAGE.
For adult cabarets with a liquor license, the following third rule shall also be included in the sign required by this subsection:
3. NOT PERMITTED TO APPEAR IN A STATE OF NUDITY.
(E) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult cabaret or a licensed premises used for an adult cabaret shall be under the age of 21.
(2) No person under the age of 21 shall be admitted to any adult cabaret or to any licensed premises used for an adult cabaret.
(3) No person under the age of 21 shall be allowed or permitted to remain at any adult cabaret or any licensed premises used for an adult cabaret.
(4) No person under the age of 21 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult cabaret or any licensed premises used for an adult cabaret.
(A) Windows. Window areas for adult stores shall not be covered or obstructed in any way.
(B) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult store or a licensed premises used for an adult store shall be under the age of 18.
(2) No person under the age of 18 shall be admitted to any adult store or to any licensed premises used for an adult store.
(3) No person under the age of 18 shall be allowed or permitted to remain at any adult store or any licensed premises used for an adult Store.
(4) No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult store or any licensed premises used for an adult store.
(A) Seating. Each adult theater shall provide seating only in individual chairs with arms or in seats separated from each other by immovable arms and not on couches, benches, or any other multiple person seating structures. The number of seats shall equal the maximum number of persons who may occupy the adult theater.
(B) Aisle. Each adult theater shall have a continuous main aisle alongside the seating area in order that each person seated in the adult theater shall be visible from the aisle at all times.
(C) Sign. Each adult theater shall have a sign posted in a conspicuous place at or near each entranceway to the auditorium or similar area that lists the maximum number of persons who may occupy the auditorium area, which number shall not exceed the number of seats in the auditorium area.
(D) Age Limitations.
(1) No sexually oriented business establishment employee or sexually oriented business establishment patron at an adult theater or a licensed premises used for an adult theater shall be under the age of
(2) No person under the age of 18 shall be admitted to any adult theater or to any licensed premises used for an adult theater.
(3) No person under the age of 18 shall be allowed or permitted to remain at any adult theater or any licensed premises used for an adult theater.
(4) No person under the age of 18 shall be allowed or permitted to purchase or receive, whether for consideration or not, any adult material or other goods or services at or from any adult theater or any licensed premises used for an adult theater.
Every act or omission by a sexually oriented business establishment employee constituting a violation of the provisions of this chapter shall be deemed to be the act or omission of the licensee if such act or omission occurs either with the authorization, knowledge, or approval of the licensee, or as a result of the licensee's negligent failure to supervise the sexually oriented business establishment employee. The licensee shall be punished for any such act or omission in the same manner as if the licensee committed the act or caused the omission. Accordingly, any such act or omission of any such employee constituting a violation of the provisions of this chapter shall be deemed, for purposes of determining whether the licensee's sexually oriented business establishment license shall be revoked, suspended, or renewed, to be the act or omission of the licensee.
(A) Grounds. Pursuant to the procedures set forth in this section, the Sexually Oriented Business Use Commissioner may suspend for not more than 30 days, or revoke, any sexually oriented business establishment license if the commissioner, based on credible and reasonably reliable information and evidence, determines that any one or more of the following has occurred:
(1) The licensee has violated any of the provisions or requirements of this chapter or the sexually oriented business establishment license issued pursuant hereto, or the provisions of the City Zoning Code applicable to the licensed premises or the sexually oriented business establishment.
(2) The licensee (i) knowingly or negligently furnished false or misleading information or withheld information on any application or other document submitted to the city for the issuance or renewal of any sexually oriented business establishment license or (ii) knowingly or negligently caused or suffered any other person to furnish or withhold any such information on the licensee's behalf.
(3) The licensee has committed a felony or specified criminal act on the licensed premises.
(4) The licensee authorizes, approves, or, as a result of the licensee's negligent failure to supervise the licensed premises or the sexually oriented business establishment, allows a sexually oriented business establishment employee, a sexually oriented business establishment patron, or any other person to (i) violate any of the provisions or requirements of this chapter or of the provisions or requirements of the sexually oriented business establishment license issued pursuant hereto, or (ii) commit any felony or specified criminal act on the licensed premises. The licensee, or any person identified in this chapter becomes disqualified for the issuance of a sexually oriented business establishment license at any time during the term of the license at issue.
(B) Procedure. A sexually oriented business establishment license may be suspended for not more than 30 days or revoked pursuant to the terms and conditions set forth in this division.
(1) Notice. Upon determining that one or more of the grounds for suspension or revocation under division (A)(1) of this section may exist, the Sexually Oriented Business Use Commissioner shall serve a written notice on the licensee in person or by certified mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. The written notice shall, at a minimum, (i) state that the Sexually Oriented Business Use Commissioner has determined that the sexually oriented business establishment license may be subject to suspension or revocation pursuant to this chapter; (ii) identify the specific grounds for the commissioner's determination; and (iii) set a date for a hearing regarding the commissioner's determination as to the possibility of suspension or revocation of the sexually oriented business establishment license. The date of the hearing shall be no less than five days after service of the Commissioner's notice, unless an earlier or later date is agreed to by the licensee and the Sexually Oriented Business Use Commissioner.
(2) Hearing. The hearing shall be conducted by the Sexually Oriented Business Use Commissioner. At the hearing, the licensee may present and submit evidence and witnesses to refute the grounds cited by the Sexually Oriented Business Use Commissioner for suspending or revoking the license and the city and any other persons may submit evidence to sustain such grounds. The administrative record compiled on the sexually oriented business establishment pursuant to this chapter shall be made part of the hearing record. Within three days after the close of the hearing, the Sexually Oriented Business Use Commissioner shall, having considered the record made at the hearing, render a decision in writing, setting forth the reasons for the decision. The action taken by the Sexually Oriented Business Use Commissioner shall be final and shall be subject to judicial review.
(3) Notice and Effective Date of Suspension or Revocation. The Sexually Oriented Business Use Commissioner's written decision shall be served on the licensee in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application. Any suspension or revocation, as the case may be, shall take effect on the day that the Sexually Oriented Business Use Commissioner's written decision is delivered in person or three days after it is placed in the U.S. mail as provided in this subsection.
(4) Surrender of License. Upon the suspension or revocation of sexually oriented business establishment license pursuant to this chapter, the Sexually Oriented Business Use Commissioner shall take custody of the suspended or revoked license.
The Sexually Oriented Business Use Commissioner shall cause to be kept in the commissioner's office an accurate record of every sexually oriented business establishment license application received and acted on, together with all relevant information and material pertaining to such application, any sexually oriented business establishment license issued pursuant thereto, and any sexually oriented business establishment operated pursuant to such sexually oriented business establishment license.
The licensee of every sexually oriented business establishment shall maintain a register of all of its sexually oriented business establishment employees. For each such employee, the register shall include the following information:
(A) Legal name.
(B) Any and all aliases.
(C) Date of birth.
(D) Gender.
(E) Social security number.
(F) Date of commencement of employment.
(G) Date of employment termination, if applicable.
(H) Specific job or employment duties.
The register shall be maintained for all current employees and all employees employed at any time during the preceding 36 months. The licensee shall make the register of its sexually oriented business establishment employees available for inspection by the city immediately upon demand at all reasonable times.
Any person who violates, neglects, refuses to comply with, or assists or participates in any way in the violation of any of the provisions or requirements of this chapter or of any of the provisions or requirements of any sexually oriented business establishment license, shall be fined not more than $500 for each such violation. Each day such violation continues shall constitute a separate offense. The Sexually Oriented Business Use Commissioner shall give written notice to any such person of any such violation and the fine imposed by serving a citation in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the licensee's address as set forth in the licensee's application.
Any sexually oriented business establishment established, operated, or maintained in violation of any of the provisions or requirements of this chapter or of any sexually oriented business establishment license shall be, and the same is, declared to be unlawful and a public nuisance. The city may, in addition to or in lieu of any other remedies set forth in this chapter, commence an action to enjoin, remove, or abate such nuisance in the manner provided by law and shall take such other steps and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such public nuisance, and restrain and enjoin any person from establishing, operating, or maintaining a sexually oriented business establishment contrary to the provisions of this chapter.
Unless otherwise specifically set forth in this chapter, the time within which any act required by this chapter is to be done shall be computed by excluding the first day and including the last day, unless the last day is Saturday, Sunday or a Federal or State of Ohio holiday, in which case it shall also be excluded. If the day immediately following such Saturday, Sunday, or holiday is also a Saturday, Sunday, or holiday, then such succeeding day shall also be excluded.