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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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746.12 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.)
746.15 APPEAL RIGHTS.
   (a)   Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the Zoning Board of Appeals by written notice within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Zoning Board of Appeals must hold a hearing on the appeal within 30 days and must issue a decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
   (b)   Any decision by the Zoning Board of Appeals shall be a final appealable order, and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
   (c)   In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this chapter, the applicant or licensee shall provide written notice of such appeal to the Zoning Board of Appeals in advance of or at the time of the filing of 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 Zoning Board of Appeals shall transmit to the court in which appeal was sought a copy of the full administrative record for 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 Zoning Board of Appeals and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
   (d)   Subject to the provisions of division (f) of this section, any licensee lawfully operating a sexually oriented business or adult motel 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 of a decision rendered under this chapter to the Zoning Board of Appeals or to a court.
   (e)   Subject to the provisions of division (f) of this section, any licensee lawfully acting as an employee in a sexually oriented business or adult motel 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 of a decision rendered under this chapter to the Zoning Board of Appeals or to a court.
   (f)   In the event that an applicant for a new sexually oriented business license or a new sexually oriented business employee license seeks judicial review of the denial of a new license, and such review does not result in a final judicial decision within 30 days of the date the appeal was filed, the City will issue such applicant a provisional sexually oriented business license or sexually oriented business employee license upon request of the applicant. The provisional license:
      (1)   Will allow an applicant for a sexually oriented business license to operate the sexually oriented business or adult motel named in the license application under the same terms as a normal sexually oriented business issued pursuant to Section 746.07 of this chapter for the period of time specified in division (g) of this section; and
      (2)   Will allow an applicant for a sexually oriented business employee license to act as an employee on the premises of a sexually oriented business or adult motel under the same terms as a normal sexually oriented business employee license issued pursuant to Section 746.09 for the period of time specified in division (g) of this section; and
      (3)   Will be subject to the same requirements as a normal sexually oriented business license or sexually oriented business employee license issued under Section 746.07 or 746.09.
   (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 746.12(b). The Chief of Police shall grant an application for renewal of a provisional license unless he or she determines that new grounds exist for denial of a license application pursuant to Section 746.07 or 746.09, 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 City has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 2007-40. Passed 5-7-07.)
746.16 TRANSFER OF LICENSE.
   (a)   A sexually oriented business license is not transferable from one licensee to another or from one location to another. Any purported transfer of a sexually oriented business license shall automatically and immediately revoke that license.
   (b)   A sexually oriented business employee license is not transferable from one licensee to another, but the use of the license by the individual to whom it was issued may be transferred from one licensed sexually oriented business or adult motel to another such licensed establishment during the term of the license, provided that the licensee gives written notice of such transfer to the Chief of Police within 15 days of such transfer.
(Ord. 2007-40. Passed 5-7-07.)
746.17 PROHIBITION OF ADULT MOTELS.
   (a)   No person shall operate an adult motel within the City.
   (b)   Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in less than ten hours creates a rebuttable presumption that the establishment is an adult motel as that term is defined in Section 746.02.
   (c)   Evidence that a person in control of a sleeping room in a hotel, motel, or similar commercial establishment has rented or subrented a sleeping room to a person and, within ten hours from the time the room was rented, has rented or subrented the same sleeping room again, creates a rebuttable presumption that the establishment is an adult motel as that term is defined in Section 746.02.
   (d)   For purposes of division (b) of this section, the terms "rent" or "subrent" mean the act of permitting a room to be occupied for any form of consideration.
   (e)   Any person who operates a hotel, motel, or similar commercial establishment that is found to be an adult motel, as defined in Section 746.02, commits a misdemeanor of the fourth degree.
(Ord. 2007-40. Passed 5-7-07.)
746.18 REGULATIONS PERTAINING TO THE EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING BOOTHS.
   (a)   No person may operate or cause to be operated a sexually oriented business which exhibits on the premises in a viewing booth, as defined in Section 746.02, films, video cassettes, other video or image reproduction, or live entertainment which depict or depicts specified sexual activities or specified anatomical areas, without complying with the following requirements:
      (1)   The sexually oriented business license application required under this chapter shall be accompanied by a diagram of the premises showing a plan thereof which specifies the location of one or more employee's stations and the location of all overhead lighting fixtures, and which designates any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the sexually oriented business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches.
      (2)   The interior of the premises shall be configured in such a manner that there is an unobstructed view from an employee's station of every area of the premises to which any patron is permitted access for any purpose, including the interior of all viewing booths and excluding restrooms. Restrooms may not contain video reproduction equipment, and no entertainment of any kind may be offered in restrooms. If the premises has two or more employee's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the employee's stations. The view required in this division must be by direct line of sight from the employee's station.
      (3)   No alteration in the configuration or location of an employee's station shall be made without the prior approval of the Chief of Police.
      (4)   At least one employee shall be on duty and situated in each employee's station at all times that any patron is present inside the premises.
      (5)   An employee's station shall not exceed 32 square feet of floor area, and no single dimension of an employee's station shall exceed eight feet.
      (6)   The view from the employee's station(s) shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
      (7)   No patron may at any time be permitted access to any area of the premises which has been designated in the license application filed pursuant to this chapter as an area in which patrons will not be permitted.
      (8)   No viewing booth may be occupied by more than one person at any time:
      (9)   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including both the interior of viewing booths and restrooms, at an illumination level of not less than five foot-candles as measured at floor level.
      (10)   The illumination described above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
      (11)   No openings of any kind shall be permitted to exist between viewing booths or in any wall of a viewing booth.
      (12)   No person shall make or attempt to make an opening of any kind between viewing booths or in any wall of a viewing booth.
      (13)   The walls of each viewing booth shall be inspected regularly during each business day to determine if any openings or holes exist.
      (14)   All floor coverings in viewing booths shall be nonporous; easily cleanable surfaces, with no rugs or carpeting.
      (15)   All wall surfaces, ceiling surfaces and seating surfaces in viewing booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material.
   (b)   A person who operates a sexually oriented business or his or her agent or employee shall be guilty of a misdemeanor of the fourth degree if he or she operates a sexually oriented business in violation of division (a) of this section.
(Ord. 2007-40. Passed 5-7-07.)
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