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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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746.08 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.)
746.12 EXPIRATION AND RENEWAL OF LICENSE.
   (a)   Each license issued pursuant to this chapter shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than 90 days and no less than 30 days before the expiration date. If application is made less than 30 days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.
   (b)   An application for renewal of a sexually oriented business license shall be submitted to the Chief of Police on a form provided by the Chief of Police. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to Section 746.06. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
   (c)   The Chief of Police shall make determinations concerning the approval of license renewals based on the same criteria used to evaluate applications for new licenses under Section 746.07.
   (d)   The Chief of Police shall advise the applicant in writing of the reason(s) for any denial of a license renewal.
   (e)   An application for renewal of a sexually oriented business employee license shall be submitted to the Chief of Police on a form provided by the Chief of Police. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the City to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to Section 746.08. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions.
   (f)   The Chief of Police shall make determinations concerning the approval of license renewals based on the same criteria used to evaluate applications for new licenses under Section 746.09.
   (g)   The Chief of Police shall advise the applicant in writing of the reason(s) for any denial of a license renewal.
   (h)   When the City denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. If the City finds, subsequent to denial, that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the denial was issued.
(Ord. 2007-40. Passed 5-7-07.)
746.13 SUSPENSION.
   (a)   The City shall suspend a sexually oriented business license for a period not to exceed 30 days if it determines that a licensee:
      (1)   Has violated or is not in compliance with any section of this chapter; or
      (2)   Has authorized or approved an employee's violation of or failure to comply with any section of this chapter, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed an employee to violate or fail to comply with any section of this chapter.
   (b)   The City shall suspend a sexually oriented business license for a period not to exceed 30 days if it determines that a licensee or his employee or agent has refused to allow an inspection of the licensed sexually oriented business or adult motel premises as authorized by this chapter.
   (c)   The City shall suspend a sexually oriented business employee license for a period not to exceed 30 days if it determines that a licensee has violated or is not in compliance with any section of this chapter.
   (d)   The Chief of Police shall advise the licensee in writing of the reason(s) for any suspension.
(Ord. 2007-40. Passed 5-7-07.)
746.14 REVOCATION.
   (a)   The City shall revoke a sexually oriented business license or sexually oriented business employee license if a cause of suspension under Section 746.13 occurs and the license has been suspended two times within the preceding 12 months.
   (b)   The City shall revoke a sexually oriented business license if it determines that:
      (1)   A licensee gave false or misleading information in the material submitted during the application process;
      (2)   The licensee(s) failed to comply with any requirement stated in the license, pursuant to Section 746.07(c), to correct specified deficiencies within 120 days;
      (3)   A licensee has knowingly allowed, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed, possession, use, or sale of controlled substances on the premises;
      (4)   A licensee has knowingly allowed, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed prostitution, solicitation, or the commission of a felony on the premises;
      (5)   A licensee operated the sexually oriented business during a period of time when the licensee knew or reasonably should have known that the licensee's license was suspended;
      (6)   A licensee has knowingly allowed, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed, any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
      (7)   A licensee has been convicted of a specified criminal activity, as defined in Section 746.02, during the term of the license; or
      (8)   A licensee is delinquent in payment to the City, County, or State for any taxes or fees past due that were assessed or imposed in relation to any business.
   (c)   The City shall revoke a sexually oriented business employee license if it determines that:
      (1)   The licensee gave false or misleading information in the material submitted during the application process;
      (2)   The licensee has acted as an employee on the premises of a sexually oriented business during a period of time when the licensee knew or reasonably should have known that the licensee's license was suspended; or
      (3)   The licensee has been convicted of a specified criminal activity, as defined in Section 746.02, during the term of the license.
   (d)   The Chief of Police shall advise the licensee in writing of the reason(s) for any revocation.
   (e)   When the City revokes a license, the licensee shall not be issued another license for one year from the date the revocation became effective. If the City finds, subsequent to revocation, that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
(Ord. 2007-40. Passed 5-7-07.)
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