(a) It shall be unlawful for a person to operate an adult entertainment business without a valid permit and/or license, issued by the Office of Planning and Development.
(b) An application for a permit and/or license must be made on a form provided by the City. The application must be accompanied by a sketch or a 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 must 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 inches.
(c) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the Health Department, Fire Department, Building Official, and Zoning Official.
(d) If a person wishes to operate an adult entertainment business as an individual, he must sign the application for a permit and/or license as applicant. If a person who wishes to operate an adult entertainment business is other than an individual, each individual who has ten percent (10%) or greater interest in the business must sign the application for a permit and/or license as applicant. If a corporation is listed as owner of an adult entertainment business or as the entity which wishes to operate such a business, each individual having a ten percent (10%) or greater interest in the corporation must sign the application for a permit and/or license as applicant.
(e) The fact that a person possesses other types of State or City permits and/or licenses does not exempt him from the requirement of obtaining an adult entertainment business permit and/or license.
(f) Applications for a permit, whether original or renewal, must be made to the Office of Planning and Development by the intended operator of the enterprise. Applications must be submitted by hand delivery to the Office of Planning and Development or the designee during regular working hours. Application forms shall be supplied by the Office of Planning and Development. The intended operator shall be required to give the following information on the application form:
(1) A. The name, street address (and mailing address, if different) and Ohio driver's license number of the intended operator;
B. The name and street address (and mailing address, if different) of the owner(s);
(2) The name under which the establishment is to be operated and a general description of the services to be provided;
(3) The telephone number of the establishment;
(4) The address, and legal description of the tract of land on which the establishment is to be located;
(5) If the establishment is in operation. the date on which the owner(s) acquired the establishment for which the permit is sought. and the date on which the establishment began operations as an adult entertainment business at the location for which the permit is sought; and
(6) If the establishment is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the permit). If the expected startup date is to be more than ten days following the date of issuance of the permit, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement or the owner's time schedule and plan for accomplishing the same.
(g) The application shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the establishment is an 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 law 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 persons identified as the fee owner(s) of the tract of land in item (6) are not also the owners of the establishment, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the establishment to have or obtain the use and possession of the tract or portion thereof that is to be used for the establishment for the purpose of the operation of the establishment;
(8) Any of items (2) through (7), above shall not be required for a renewal application if the applicant states that the documents previously furnished the Office of Planning and Development with the original application or previous renewals thereof remain correct and current.
(h) The application shall contain a statement under oath that:
(I) The applicant has personal knowledge of the information contained in the application and that the information contained therein and furnished therewith is true and correct; and,
(2) The applicant has read the provisions of this chapter.
(i) A separate application and permit shall be required for each adult entertainment business. (Ord. 55, 1994. Passed 11-21-94.)