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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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746.16 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.)
746.19 ADDITIONAL REGULATIONS CONCERNING THE OPERATION OF SEXUALLY ORIENTED BUSINESSES.
   (a)   Nudity, Sexual Activity, Live Entertainment and Performances.
      (1)   No employee on the premises of a sexually oriented business may appear in a state of nudity, as defined in Section 746.02, or engage in specified sexual activities in a state of nudity, as defined in Section 746.02.
      (2)   Any employee appearing on the premises of a sexually oriented business in a state of semi-nudity, as defined in Section 746.02, must be on a stage that is at least 24 inches from the floor, and at a distance at least 60 inches from all parts of a clearly designated area in which patrons will be present.
      (3)   All live entertainment and performances in a sexually oriented business must take place on a stage that is at least 24 inches from the floor and a distance of at least 60 inches from all parts of a clear designated area in which patrons will be present.
      (4)   The stage shall be separated from the area in which patrons may be present.
      (5)   No employee, as defined in Section 746.02, appearing on the premises of a sexually oriented business in a state of semi-nudity, may intentionally or knowingly touch a customer or a customer's clothing or permit himself or herself to be touched by a customer or a customer's clothing.
      (6)   Any live entertainment that is provided on the premises of a sexually oriented business, in a private or semi-private room, to five or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee's station at which at least one employee is on duty and stationed at all times during which such entertainment takes place, with all doors to such room completely open and ajar, if such room is not considered a viewing booth as defined in Section 746.02 and therefore is not subject to the provisions of Section 746.18.
   The provisions of this division (a) shall not apply to an employee's use of any restroom or any single-sex dressing room that is accessible only to entertainers.
   (b)   Dressing Rooms. All sexually oriented businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers that shall not be occupied or used in any way by anyone other than entertainers.
   (c)   Restrooms. All restrooms in sexually oriented businesses shall be equipped with standard toilets, sinks and other traditional lavatory facilities. No live performances shall be provided or allowed at any time in the restrooms of a sexually oriented business. Separate male and female restrooms shall be provided for and used by sexually oriented business employees and patrons.
   (d)   Minors Prohibited. No person under the age of 18 years shall be permitted on the premises of a sexually oriented business.
   (e)   Hours of Operation. No sexually oriented business shall be open for business at any time between the hours of 2:30 a.m. and 11:00 a.m. on any weekday or Saturday, nor shall any entertainment, service, or product be provided to a customer on the premises of a sexually oriented business during those hours. No sexually oriented business shall be open for business at any time after 2:30 a.m. on Sunday or on any legal State of Ohio or Federal holiday, nor shall any entertainment, service, or product be provided to a customer on the premises of a sexually oriented business during those days.
   (f)   Minimum Lighting Level.
      (1)   The premises of every sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five foot-candles as measured at floor level.
      (2)   The illumination described in division (f)(1) 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.
   (g)   Exterior Display. No sexually oriented business or adult motel shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in Section 746.02, or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, window or any other means.
   (h)   Except as otherwise provided in this division, any person who violates division (a) of this section, or any person who operates a sexually oriented business and permits a violation of division (a) of this section on the premises, shall be guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of division (a) of this section, a violation of division (a) of this section will be considered a misdemeanor of the third degree. If the offender previously has been convicted of or pleaded guilty to two violations of division (a) of this section, a violation of division (a) of this section will be considered a misdemeanor of the second degree. If the offender previously has been convicted of or pleaded guilty to three or more violations of division (a) of this section will be considered a misdemeanor of the first degree.
   (i)   Any person who operates a sexually oriented business and permits a violation of division (f) of this section on the premises shall be guilty of a misdemeanor of the fourth degree.
   (j)   Any person who operates a sexually oriented business in violation of division (b), (d), or (e) of this section shall be guilty of a misdemeanor of the fourth degree.
   (k)   Any operator of a sexually oriented business or his or her agent or employee who recklessly violates, or operates a sexually oriented business in violation of, division (c) of this section commits a misdemeanor of the fourth degree. Mistake of age is not a defense to a charge under this section, unless the person under age 18 who was permitted on the premises exhibited to the operator or his or her agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was 18 years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under 18 years old.
(Ord. 2007-40. Passed 5-7-07.)
746.20 LOITERING AND EXTERIOR LIGHTING AND MONITORING REQUIREMENTS.
   (a)   It shall be the duty of the operator of a sexually oriented business to:
      (1)   Initiate and enforce a no-loitering policy within the external boundaries of the real property upon which the sexually oriented business is located;
      (2)   Post conspicuous signs stating that no loitering is permitted on such property;
      (3)   Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 30 minutes or inspecting such property by use of video cameras and monitors; and
      (4)   Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within a manager's station.
   (b)   It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 2007-40. Passed 5-7-07.)
746.21 PENALTY.
   (a)   Violations of this chapter shall be misdemeanor offenses punishable by fine or imprisonment, as provided in Section 501.99 of these Codified Ordinances.
   (b)   Each day that a sexually oriented business or adult motel operates in violation of this chapter is a separate offense or violation.
(Ord. 2007-40. Passed 5-7-07.)
746.22 INJUNCTION.
   Any person who operates or causes to be operated a sexually oriented business or adult motel in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations under this chapter.
(Ord. 2007-40. Passed 5-7-07.)
746.23 EFFECT OF PARTIAL INVALIDITY.
   If any section, subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
(Ord. 2007-40. Passed 5-7-07.)
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