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Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
CHAPTER 703 Alarm Systems
CHAPTER 704 Amusement Devices
CHAPTER 705 Billposters and Distributors
CHAPTER 709 Boxing and Wrestling
CHAPTER 711 Cable Service and Competitive Video Service
CHAPTER 713 Circuses and Carnivals
CHAPTER 715 Sweepstakes Terminal Café
CHAPTER 717 Dances
CHAPTER 721 Distress Merchandise Sales
CHAPTER 725 Fair Housing Practices
CHAPTER 729 Juke Boxes
CHAPTER 733 Junk Yards
CHAPTER 734 Medical Marijuana Entities
CHAPTER 735 Massage Parlor Establishments
CHAPTER 736 Motor Vehicle Salvage Dealers
CHAPTER 737 Peddlers, Canvassers and Solicitors
CHAPTER 741 Railroads
CHAPTER 745 Rummage Sales
CHAPTER 746 Sexually Oriented Businesses; Licensing and Operation
CHAPTER 747 Tattoo or Body Piercing Establishments
CHAPTER 749 Taxicabs
CHAPTER 750 Taxicabs
CHAPTER 753 Temporary Stores
CHAPTER 757 Weapons Sales
CHAPTER 761 Weights and Measures
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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746.05 SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE REQUIRED.
   (a)   No person shall act as an employee, as defined in Section 746.02, on the premises of a sexually oriented business or an adult motel without having secured a sexually oriented business employee license pursuant to this chapter.
   (b)   Any person who violates this section shall be guilty of a misdemeanor of the fourth degree.
(Ord. 2007-40. Passed 5-7-07.)
746.06 SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION.
   (a)   An application for a sexually oriented business license shall be submitted to the Chief of Police on a form provided by the Chief of Police. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this chapter.
   (b)   An application for a sexually oriented business license shall identify and be signed by the following persons:
      (1)   If the business entity is owned by an individual, that individual.
      (2)   If the business entity is owned by a corporation, each officer or director of the corporation, any individual owning or controlling more than 50% of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed sexually oriented business.
      (3)   If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, who will be principally responsible for the operation of the proposed sexually oriented business.
   (c)   An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.
   (d)   An application for a sexually oriented business license shall be completed according to the instructions of the application form, which shall require the following:
      (1)   If the applicant is:
         A.   An individual, state the legal name and any aliases of such individual;
         B.   A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; or
         C.   A joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, state the complete name of the organization and provide a copy of the legal document establishing the organization, if any; or
         D.   A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
      (2)   If the applicant intends to operate the sexually oriented business or adult motel under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
      (3)   State whether any applicant has been convicted of a specified criminal activity as defined in Section 746.02, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
      (4)   State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business or adult motel for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, director or 10% or greater owner of a corporation licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
      (5)   State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
      (6)   State the classification of license for which the applicant is filing.
      (7)   State the location of the proposed sexually oriented business or adult motel, including a legal description of the property (i.e., block and lot), street address, and telephone number(s), if any.
      (8)   State the mailing address and residential address of each applicant and each person signing the application.
      (9)   Submit a recent photograph of each applicant who is a natural person, taken by the Police Department, clearly showing the applicant's face.
      (10)   Submit the fingerprints of each applicant who is a natural person, recorded by the Police Department.
      (11)   For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business or adult motel.
      (12)   State the driver's license number and social security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant's Federally-issued tax identification number.
      (13)   Submit proof that each applicant who is a natural person is at least 18 years old.
      (14)   Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business or adult motel, including the location of all stages and customer seating and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it 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.
      (15)   If an applicant wishes to operate a sexually oriented business, other than an adult motel, which shall exhibit on the premises, in a booth, as defined in Section 746.02, films, DVDs, video cassettes, other video or image reproduction, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the additional application requirements set forth in Section 746.18(a)(1).
(Ord. 2007-40. Passed 5-7-07.)
746.07 ISSUANCE OF SEXUALLY ORIENTED BUSINESS LICENSE.
   (a)   Upon the filing of a completed application for a sexually oriented business license, the Chief of Police shall issue a temporary license to said applicant immediately.
   (b)   Upon receipt of an application for a sexually oriented business license, the Chief of Police shall promptly investigate the information provided in the application concerning the criminal background of the applicant(s) and shall record the results of his investigation in writing within five days of the completion of his or her investigation.
   (c)   Within 21 days after receipt of a completed sexually oriented business license application, the Chief of Police shall approve or deny the issuance of a license. The Chief of Police shall approve the issuance of a license to an applicant unless he or her determines that one or more of the following findings is true:
      (1)   An applicant who is a natural person is under 18 years of age.
      (2)   An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
      (3)   An applicant has been denied an adult business licenses or has had a license to operate a sexually oriented business or adult motel revoked within the preceding 12 months by any jurisdiction.
      (4)   An applicant has been convicted of a specified criminal activity as defined in Section 746.02.
      (5)   The proposed sexually oriented business would violate or fail to be in compliance with any provisions of the Planning and Zoning Code of the City, the General Offenses Code of the City, or State statute or regulation.
      (6)   The application and investigation fee required by this chapter has not been paid.
      (7)   An applicant is in violation of or in not in compliance with any provision of this chapter.
   (d)   If the Chief of Police determines that an applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge, the license issued pursuant to division (b) of this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued.
   (e)   If the Chief of Police determines that no other grounds for denial of a license exist under division (b) of this section, the Chief of Police shall not delay approval of the application past the end of the 21-day period provided in this section solely because the Chief of Police has not completed his or her investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Chief of Police receives information from his or her investigation that he or she determines constitutes grounds for denial of a license under division (b) of this section, then the sexually oriented business license issued pursuant to this division (e) shall be immediately revoked.
   (f)   A sexually oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the licensed sexually oriented business or adult motel, and the classification for which the license is issued pursuant to Section 746.03. All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
   (g)   The Chief of Police shall advise the applicant in writing of the reasons for any license denial.
(Ord. 2007-40. Passed 5-7-07.)
746.08 SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE APPLICATION.
   (a)   An application for a sexually oriented employee license shall be submitted to the Chief of Police on a form provided by the Chief of Police. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this chapter.
   (b)   An application for a sexually oriented business employee license shall be completed according to the instructions of the application form, which shall require the following:
      (1)   State the applicant's name and any other names (including "stage" names) or aliases used by the applicant.
      (2)   State the applicant's date and place of birth.
      (3)   State the applicant's height, weight, and hair and eye color.
      (4)   Submit a recent photograph of the applicant, taken by the Police Department, which clearly shows the applicant's face.
      (5)   Submit the applicant's fingerprints, recorded by the Police Department.
      (6)   Describe and identify the location of any tattoos on the applicant's face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.
      (7)   State the applicant's present residence address and telephone number.
      (8)   State the applicant's present or intended business address and telephone number.
      (9)   State the applicant's driver's license number and social security number.
      (10)   Submit proof that the applicant is at least 18 years old.
      (11)   Provide a statement detailing the sexually oriented business employee-related license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business or adult motel, in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business employee-related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation, or suspension.
      (12)   State whether the applicant has been convicted of a specified criminal activity as defined in Section 746.02 and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.
(Ord. 2007-40. Passed 5-7-07.)
746.09 ISSUANCE OF SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE.
   (a)   Upon the filing of a completed application for a sexually oriented business employee license, the Chief of Police shall issue a temporary license to said applicant immediately.
   (b)   Within five days of receipt of a completed application for a sexually oriented business employee license, the Chief of Police shall initiate an investigation of the information provided in the application concerning the criminal background of the applicant. The Chief of Police shall document the results of his or her investigation in writing within five days of the completion of his or her investigation.
   (c)   Within 21 days after completion of the Chief of Police's investigation of the criminal background of the applicant, the Chief of Police shall approve or deny the issuance of the license. The Chief of Police shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following findings is true:
      (1)   The applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
      (2)   The applicant is under 18 years of age.
      (3)   The applicant has been convicted of a specified criminal activity as defined in Section 746.02.
      (4)   The sexually oriented business employee license is to be used for employment in a business prohibited by local, State, or Federal law, statute, rule or regulation.
      (5)   The applicant has been denied a sexually oriented business employee license or has had a sexually oriented business employee license revoked within the preceding 12 months by any jurisdiction.
   (d)   If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. The Chief of Police shall advise the applicant in writing of the reason(s) for any such denial.
(Ord. 2007-40. Passed 5-7-07.)
746.10 FEES.
   (a)   Every application for a new sexually oriented business license shall be accompanied by a two hundred dollar ($200.00) non-refundable application and investigation fee.
   (b)   Every application for renewal of a sexually oriented business license shall be accompanied by a one hundred dollar ($100.00) non-refundable application and investigation fee.
   (c)   In addition to the application and investigation fee required in divisions (a) or (b) above, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the City an annual, non-refundable license fee of one hundred dollars ($100.00) within 30 days of license issuance or renewal.
   (d)   Every application for a new sexually oriented business employee license shall be accompanied by an annual, non-refundable application, investigation, and license fee of fifty dollars ($50.00).
   (e)   Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, non-refundable application, investigation, and license fee of twenty-five dollars ($25.00).
(Ord. 2007-40. Passed 5-7-07.)
746.11 INSPECTION.
   (a)   The Police Department shall, from time to time, but no more than four times in a calendar year, inspect that portion of each sexually oriented business or adult motel licensed under the provisions of this chapter that is open to the public, at any time that it is occupied or open for business, in order to assess compliance with the provisions of this chapter.
   (b)   The Chief of Police may, from time to time, but not more than two times a calendar year, request that the Health Commissioner and/or the Chief Building Official inspect that portion of each sexually oriented business or adult motel licensed under the provisions of this chapter that is open to the public in order to assess compliance with the provisions of this chapter.
   (c)   An applicant or licensee shall, at the frequencies noted in division (a) and (b) above, permit the Chief Building Official and representatives of the Police Department, Fire Division, or other City departments or agencies, or the Health Commissioner, to inspect that portion of the premises of a sexually oriented business or adult motel that is open to the public for the purpose of insuring compliance with the law at any time that it is occupied or open for business.
   (d)   A person who operates a sexually oriented business or his or her agent or employee commits a misdemeanor of the fourth degree if he or she refuses to permit such lawful inspection of the premises.
(Ord. 2007-40. Passed 5-7-07.)
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