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East Palestine Overview
East Palestine, OH Code of Ordinances
CODIFIED ORDINANCES OF EAST PALESTINE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
PRELIMINARY UNIT
CHARTER OF THE MUNICIPALITY OF EAST PALESTINE
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
TITLE TWO - Business Regulation
CHAPTER 804 Auctions
CHAPTER 808 Billiard and Pool Rooms
CHAPTER 812 Bowling Alleys
CHAPTER 816 Fortunetelling
CHAPTER 818 Garage and Street Sales
CHAPTER 820 Junk Yards
CHAPTER 824 Mechanical Amusement Devices
CHAPTER 828 Milk Distributors
CHAPTER 832 Solicitors, Peddlers and Door to Door Sales Persons
CHAPTER 836 Roller Skating Rinks
CHAPTER 840 Shows and Exhibitions
CHAPTER 842 Solid Waste Collection
CHAPTER 844 Taxicabs
CHAPTER 848 Temporary Stores
CHAPTER 849 Sexually-Oriented Businesses
CHAPTER 850 Video Service Provider Fee
TITLE FOUR - Taxation
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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   849.02   DEFINITIONS.
   As used in this chapter, certain terms are defined as follows:
   (a)   "Adult arcade" means any place to which the public is permitted or invited wherein coin operated or slug operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting of describing of "specified sexual activities" or "specified anatomical areas."
   (b)   "Adult bookstore", "adult novelty store" or "adult video store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or utilizes 20 percent or more of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, which depict or describe "specified sexual activities" or "specified anatomical areas";
      (2)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
   (c)   "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
      (1)   Persons who appear in a state of nudity;
      (2)   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities;" or
      (3)   Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
   (d)   "Adult motel" means a hotel, motel or similar commercial establishment which:
      (1)   Offers accommodations to the public for any form of consideration, provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
      (2)   Offers a sleeping room for rent for a period of time that is less than ten hours; or
      (3)   Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.
   (e)   "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
   (f)   "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, semi-nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."
   (g)   "Chief of Police" means the Chief of Police of East Palestine or his designated agent.
   (h)   "Employee" means a person who performs any service on the premises of a sexually-oriented business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
   (i)   "Escort" means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
   (j)   "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a gratuity or other consideration.
   (k)   "Establishment means and includes any of the following:
      (1)   The opening or commencement of any sexually-oriented business as a new business;
      (2)   The conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business;
      (3)   The addition of any sexually-oriented business to any other existing sexually-oriented business; or
      (4)   The relocation of any sexually-oriented business.
   (l)   "Nude model studio" means any place where a person who appears in a state of nudity or displays "specified anatomical areas" is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.
   (m)   "Nudity" or "state of nudity" shall have the same meaning as defined by Ohio R.C. 2907.01.
   (n)   "Operates" or "causes to operate" means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually-oriented business whether or not that person is an owner, part owner, or sexually-oriented business licensee of the business.
   (o)   "Person" means an individual, proprietorship, corporation, partnership, limited liability company or any other business entity.
   (p)   "Public park" means public land 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, open space, wilderness areas, or similar public land within the Municipality which is under the control, operation or management of the Municipality, County or State.
   (q)   "Residential district" shall have the same meaning as defined by the East Palestine Zoning Code.
   (r)   "Residential use" means a single family, duplex, multiple family, or mobile home park, mobile home subdivision and campground use.
   (s)   "School" means any public or private educational facility including, but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities.
   (t)   "Semi-nude" means the showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
   (u)   "Sexual encounter center"' means a business or commercial enterprise that, as one if its primary business purposes, offers for any form of consideration:
      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity.
   (v)   "Sexually-oriented business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.
   (w)   "Sexually-oriented business licensee" means an individual whose name a sexually-oriented business license has been issued, and in the case of a "sexually-oriented business employee licensee," a person in whose name a sexually-oriented business license has been issued authorizing employment in a sexually-oriented business.
   (x)   "Specified anatomical areas" means human genitals in a state of sexual arousal or exposed for the purpose of sexually arousing another.
   (y)   "Specified sexual activities" means and includes any of the following:
      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
      (3)   Masturbation, actual or simulated; and
      (4)   Excretory functions as part of or in connection with any of the activities set forth in divisions (y)(1) to (3) of this section.
   (z)   "Substantial enlargement" of a sexually-oriented business means the increase in floor area occupied by the business by more than 25 percent, as the floor area exists as of the date of the issuance of the sexually-oriented business license.
   (aa)   "Transfer of ownership or control" of a sexually-oriented business means and includes any of the following:
      (1)   The sale, lease, or sublease of the business;
      (2)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 14-02. Passed 7-8-02.)
   849.03   CLASSIFICATIONS.
   Sexually-oriented businesses are classified as follows:
   (a)   Adult arcades;
   (b)   Adult bookstores or adult video stores;
   (c)   Adult cabarets;
   (d)   Adult motels;
   (e)   Adult motion picture theaters;
   (f)   Adult theaters;
   (g)   Escort agencies;
   (h)   Nude model studios; and
   (i)   Sexual encounter centers.
(Ord. 14-02. Passed 7-8-02.)
   849.04   SEXUALLY-ORIENTED BUSINESS LICENSE REQUIRED.
   (a)   No person shall operate a sexually-oriented business without a valid sexually- oriented business license issued by the Municipality for the particular type of sexually-oriented business classification.
   (b)   All applications for a sexually-oriented business license must be made on forms provided by the Chief of Police, which forms shall require the information and verification outlined as Exhibit I attached to original Ordinance 14-02, passed July 8, 2002, incorporated by reference as if fully set out herein.
(Ord. 14-02. Passed 7-8-02.)
   849.05   SEXUALLY-ORIENTED BUSINESS EMPLOYEE LICENSE REQUIRED.
   (a)   No person who operates a sexually-oriented business shall employ a person who does not have a sexually-oriented business employee license.
   (b)   No person shall obtain employment with a sexually-oriented business without having secured a sexually-oriented business employee license issued by the Municipality.
   (c)   All applications for a sexually-oriented business employee license must be made on forms provided by the Chief of Police
(Ord. 14-02. Passed 7-802.)
   849.06   ISSUANCE OR RENEWAL OF SEXUALLY-ORIENTED BUSINESS LICENSE.
   (a)   The Chief of Police shall approve the issuance or renewal of a sexually-oriented business license to an applicant within 30 days after receipt of an application unless the Chief of Police finds one or more of the following to be true:
      (1)   An applicant is under 18 years of age;
      (2)   An applicant, applicant's spouse or person residing with the applicant, is overdue in payment to the Municipality of taxes, fees, fines, or penalties assessed against or imposed upon the applicant, applicant's spouse or person residing with the applicant.
      (3)   An applicant, applicant's spouse or person residing with the applicant has been convicted of any violation of a provision of this chapter. The fact that a conviction is being appealed shall have no effect.
      (4)   The sexually-oriented business license fee required by this chapter has not been paid.
      (5)   An applicant has been employed in a sexually-oriented business within the preceding 12 months and has demonstrated an inability to operate or manage a sexually-oriented business premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
      (6)   An applicant has been convicted of:
         A.   Any felony;
         B.   Any offense listed in Ohio R.C. 2907;
         C.   Any offense listed in Ohio R.C. 2950.01, including all subsections of such offenses regardless of whether or not such offenses are classified by the State of Ohio as "sexually-oriented offenses", and regardless of the ages of the persons involved in such cases, a violation of Ohio R. C. 2919.22, 2919.23, 2919.24, or of an offense defined by existing or former laws of this State, present or former ordinances of any municipality of any state, former or present law of any state or of the United States, or a violation under the law applicable in military courts that is or was substantially equivalent to any of the listed offenses, or of an attempt to commit, conspiracy to commit, or complicity to commit any such offenses.
      (7)   An applicant proposes a site which does not comply with the location regulations as set forth in Section 849.19 hereof.
   (b)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
   (c)   The sexually-oriented business license shall state on its face the name of the person to which it is granted, the expiration date, and the address of the sexually-oriented business.
   (d)   All sexually-oriented business licenses shall be posted in a conspicuous place at or near the entrance of the sexually-oriented business so that they may be easily read at any time.
(Ord. 14-02. Passed 7-8-02.)
   849.07   ISSUANCE OR RENEWAL OF SEXUALLY-ORIENTED BUSINESS EMPLOYEE LICENSE.
   (a)   The Chief of Police shall approve the issuance or a renewal of a sexually-oriented business employee license to an applicant within 30 days after receipt of an application unless the Chief of Police finds one or more of the following items to be true:
      (1)   An applicant is under 18 years of age;
      (2)   An applicant is overdue in payment to the Municipality of taxes, fees, fines, or penalties assessed against or imposed upon the applicant;
      (3)   An applicant has been convicted of a violation of a provision of this chapter;
      (4)   The sexually-oriented business employee license fee required by this chapter has not been paid;
      (5)   An applicant has been employed in a sexually-oriented business within the preceding 12 months and has demonstrated an inability to maintain employment in a peaceful and law abiding manner, thus necessitating action by law enforcement officers;
      (6)   An applicant has been convicted of:
         A.   Any felony;
         B.   Any offense listed in Ohio R.C. 2907;
         C.   Any offense listed in Ohio R.C. 2950.01, including all subsections of such offenses, regardless of whether or not such offenses are classified by the State of Ohio as "sexually-oriented offenses", and regardless of the ages of the persons involved in such cases, a violation of Ohio R.C. 2919.22, 2919.23, 2919.24, or of an offense defined by existing or former laws of this State, present or former ordinances of any municipality of any state, former or present law of any state or of the United States, or a violation of the law applicable in military courts that is or was substantially equivalent to any of the listed offenses, or of an attempt to commit, conspiracy to commit or complicity to commit any such offenses-
   (b)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
   (c)   The sexually-oriented business employee license shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually-oriented business by whom the employee will be employed.
   (d)   All sexually-oriented business employee license shall be posted in a conspicuous place at or near the entrance of the sexually-oriented business so that they may be easily read at any time.
(Ord. 14-02. Passed 7-8-02.)
   849.08   FEES FOR SEXUALLY-ORIENTED BUSINESS LICENSE.
   (a)   Every application for a new sexually-oriented business license shall be accompanied by a five hundred dollar ($500.00) nonrefundable application and investigation fee.
   (b)   Every application for a renewal sexually-oriented business license shall be accompanied by a two hundred dollar ($200.00) nonrefundable application and investigation fee.
   (c)   All fees for sexually-oriented business licenses shall be submitted to the Chief of Police.
(Ord. 14-02. Passed 7-8-02.)
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