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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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   849.15   REVOCATION OF SEXUALLY-ORIENTED BUSINESS EMPLOYER LICENSE.
   (a)   The Chief of Police shall revoke a sexually-oriented business employee license if a cause of suspension in Section 849.13 of this chapter occurs and the sexually-oriented business employee license has been suspended within the preceding 12 months.
   (b)   The Chief of Police shall revoke a sexually-oriented business employee license if he determines that the sexually-oriented business employee licensee:
      (1)   Gave false or misleading information fn the material submitted to the Chief of Police during the application process;
      (2)   Recklessly allowed possessor, use, or sale of controlled substances on the premises;
      (3)   Recklessly allowed prostitution on the premises;
      (4)   Recklessly operated the sexually-oriented business during a period of time when the sexually-oriented business licensee's license was suspended;
      (5)   Has been convicted of an offense listed in Section 849.06(a)(8) of this chapter;
      (6)   Recklessly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually-oriented business licensed premises; or
      (7)   Is delinquent in payment of more than 90 days to the Municipality for income taxes, or any other taxes or assessments which the Municipality imposes, or sales taxes related to the sexually-oriented business.
   (c)   The fact that a conviction is being appealed shall have no effect on the revocation of the sexually-oriented business employee license.
   (d)   Division (b)(6) of this section does not apply to adult motels as grounds for revoking the sexually-oriented business employee license unless the sexually-oriented business employee licensee recklessly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
   (e)   A sexually-oriented business employee license revocation shall continue for one year and the sexually-oriented business employee license shall not be issued a sexually-oriented business employee license for one year from the date the revocation became effective.
(Ord. 14-02. Passed 7-8-02.)
   849.16   APPEALS RIGHTS.
   If the Chief of Police denies the issuance of a sexually-oriented business license or sexually-oriented business employee license or suspends or revokes a sexually-oriented business license or sexually-oriented business employee license he shall forthwith so notify the applicant or sexually-oriented business licensee in writing by certified mail, return receipt requested, or by personal service, of the denial, suspension or revocation.
   (a)   Any denial, suspension, or revocation of a new or renewal license under the provisions of this chapter, may be appealed to the Board of Zoning Appeals of the City of East Palestine by written notice within ten days of receipt of notice of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within ten days and must issue a written decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
   (b)   Any decision by the Board of Zoning Appeals of the City of East Palestine shall be a final appealable order, and the applicant, the licensee, or the Municipality may seek prompt judicial review of such administrative action in any Court of competent jurisdiction.
   (c)   In the event that an applicant, licensee, or the Municipality seeks judicial review of a decision by the Board of Zoning Appeals of the City of East Palestine, the appellant shall file written notice of such appeal with the Board of Zoning Appeals stating the grounds for the appeal. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board shall transmit to the court in which appeal was sought a copy of the full administrative record of the matter, including a complete transcript of all the original papers, testimony, and evidence offered, heard, and taken into consideration in issuing the final order. The Board and all other departments or agencies of the Municipality shall provide any further information, assistance, or cooperation requested by the reviewing court without delay-
   (d)   Any licensee operating a sexually-oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to operate said business during the pendency of an appeal to the Board of Zoning Appeals of the City of East Palestine or to a court.
   (e)   Any licensee acting as an employee in a sexually-oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to serve in such capacity during the pendency of an appeal to the Board of Zoning Appeals of the City of East Palestine or to a court.
   (f)   In the event that an applicant for a new sexually-oriented business license or new sexually-oriented business employee license seeks judicial review of the denial of a new license, the Municipality will issue such applicant a provisional sexually-oriented business license or sexually-oriented business employee license upon the written request of the applicant, which provisional license will:
      (1)   Allow the applicant for a sexually-oriented business license to operate the sexually-oriented business named in the license application under the same terms as a normal sexually-oriented business license issued pursuant to Section 849.06 of this chapter for the period of time specified in division (g) of this section; or
      (2)   Allow an applicant for a sexually-oriented business employee license to act as an employee on the premises of a sexually-oriented business under the same terms as a normal sexually-oriented business employee license issued pursuant to Section 849.07 of this chapter for the period of time specified in division (g) of this section; and
      (3)   Be subject to the same requirements as a sexually-oriented business license or sexually-oriented business employee license issued under Section 849.06 or Section 849.07 of this chapter.
   (g)   A provisional license will expire on whichever of the following three dates is earliest:
      (1)   The date that a judicial decision is issued upholding the license denial;
      (2)   The date on which a non-provisional sexually-oriented business license or sexually-oriented business employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
      (3)   The date one year from the issuance of the provisional license.
   (h)   In the event that judicial review of the denial of a new license application is still pending 30 days before the expiration date of a provisional license the provisional licensee may file a renewal license application with the Chief of Police pursuant to Section 849.06 or Section 849.07 of this chapter. The Chief of Police shall grant an application for renewal of a provisional license unless he determines that new grounds exist for denial of a license application pursuant to Section 849.06 or Section 849.07 of this chapter which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the Municipality has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 14-02. Passed 7-8-02.)
   849.17   TRANSFER OF SEXUALLY-ORIENTED BUSINESS LICENSE.
   Sexually-oriented business licenses are not transferable. A sexually-oriented business licensee shall not operate a sexually-oriented business at any place other than the address designated in the sexually-oriented business license.
(Ord. 14-02. Passed 7-8-02.)
   849.18   TRANSFER OF SEXUALLY-ORIENTED BUSINESS EMPLOYEE LICENSE.
   Sexually-oriented business employee licenses are not transferable. A sexually-oriented business employee licensee shall not work at any place other than the address designated in the sexually-oriented business employee license.
(Ord. 14-02. Passed 7-8-02.)
   849.19   LOCATION.
   Sexually-oriented businesses shall be permitted uses only within an I-1 industrial District, and shall be subject to the provisions of Chapter 1282 of the East Palestine Zoning Code.
(Ord. 14-02. Passed 7-8-02.)
   849.20   REGULATIONS REGARDING PUBLIC NUDITY.
   (a)   No person in a sexually-oriented business shall recklessly appear in a state of nudity or depict "specified sexual activities".
   (b)   No person in a sexual oriented business shall appear in a semi-nude condition unless the person is an employee who while semi-nude shall be at least ten feet from any patron or customer and on a stage at least three feet above the floor.
   (c)   No employee while semi-nude in a sexually-oriented business, shall solicit or accept any pay or gratuity from any patron or customer.
   (d)   No patron or customer shall pay or give any gratuity to an employee while said employee is semi-nude in a sexually-oriented business.
   (e)   No employee while semi-nude in a sexually-oriented business shall touch a patron or customer or the clothing of a patron or customer.
   (f)   No patron or customer shall touch an employee of a sexually-oriented business while said employee is on duty.
(Ord. 14-02. Passed 7-8-02.)
   849.21   PROHIBITION AGAINST MINORS IN A SEXUALLY-ORIENTED BUSINESS.
   (a)   No person under the age of 18 years is permitted on the premises of a sexually- oriented business.
   (b)   No person shall recklessly allow a person under the age of 18 years on premises of a sexually-oriented business.
(Ord. 14-02. Passed 7-8-02.)
   849.22   HOURS OF OPERATION.
   (a)   No sexually-oriented business shall remain open at any time between the hours of 1:00 a.m. and 8:00 a.m. on weekdays and Saturdays.
   (b)   No sexually-oriented business shall remain open at any time between the hours of 1:00 a.m. and 12:00 p.m.on Sundays or on legal holidays as defined by Ohio R.C. 1.14.
(Ord. 14-02. Passed 7-8-02.)
   849.23   ESCORT AGENCIES.
   No person shall recklessly act as an escort or recklessly agree to act as an escort for any person under the age of 18 years. An escort agency shall not employ any person under the age of 18 years.
(Ord. 14-02. Passed 7-8-02.)
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