(a) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the City. Operation of such a business without a permit is a misdemeanor.
(b) The City Manager, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling permits for proposed or existing sexually oriented businesses. To be approved, applications must comply with all locational and zoning requirements of this chapter and the Zoning and Building Codes of the City of Fairborn.
(c) Applications for permits must be made on a form provided by the City. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:
(1) If the applicant is:
A. An individual: The individual's legal name, aliases and written proof of age over 18 by birth certificate, drivers license or other picture identification document issued by a governmental agency; social security number, and fingerprints.
B. A partnership: The complete name, all partners' names, and a copy of any partnership agreement.
C. A corporation: its complete name; date of incorporation; names of all officers, directors and principal stockholders, name and address of its registered agent and evidence of good standing under Ohio law.
(2) The name of the sexually oriented business if different from the applicant's and any required registration documents.
(3) Whether the applicant or any individual listed in (c)(1) of this section has been convicted of a misdemeanor criminal act within five (5) years, immediately preceding the application date, or any felony regardless of the date of conviction, and, if so, the act involved and the date and place of the conviction.
(4) Whether the applicant or other listed individuals has had a sexually oriented business permit revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit was suspended, revoked, or denied.
(5) Whether the applicant or other listed individuals hold any other sexually oriented business permits and the names and locations of all other such businesses.
(6) The proposed location of the business including a legal description of the property including parcel identification number, street address and telephone number.
(7) The applicant's current business and residential addresses and telephone numbers. If the applicant has been at his/her/its current address for less than five years, then all business and resident addresses of the applicant for five years prior to the date of the application must be included. The applicant shall designate the dates he/she/it resided at each address.
(8) The applicant's driver's license number, social security number, tax identification number and recent photograph.
(9) A diagram drawn to scale and accurate to plus or minus six inches showing:
A. The configuration and total floor space of the premises.
B. The specific use or uses of all public and private areas within the premises, including but not limited to: patron seating areas, food and beverage preparation and service areas, stage areas, operator and management areas or rooms, restrooms, changing rooms, employee break areas or rooms, mechanical rooms and storage areas.
(10)
A current certificate and accompanying drawing prepared within thirty (30) days prior to application by a registered land surveyor illustrating and certifying that the locational requirements for the proposed adult use as regulated by Section 1126.03 of the Zoning Code have been met.
(11) The application must be signed by the individual applicant, and each person who has at least a ten percent (10%) interest in the business. If a corporation is the applicant, then each person owning at least ten percent (10%) of the corporation stock must sign the application.
(12) A current city, county and state criminal records check that covers the time period from five years prior to the date of the application. If the applicant resided in a state other than Ohio during the five years prior to the date of application, current records checks from all other states of residence must be included. A current criminal records check is one completed not more than fourteen days prior to the date of the application.
(13) A signed release indicating the applicant's understanding that city, county and state criminal records checks, going back five years before the date of the application, will be performed for the applicant and each individual named in the application and verified by the City.
(d) Applicants are under a continuing duty to promptly update their application information. Failure to do so within thirty (30) days of the date of a change in application information shall be grounds for permit suspension.
(e) If the City Manager learns that an applicant improperly completed the permit application, the City Manager shall promptly notify the applicant and allow ten (10) days for correction.
(f) A one hundred dollar ($100.00) non-refundable application fee is due at the time the applicant files an application under this Section.
(g) Concurrent with obtaining a permit to operate a sexually oriented business, the applicant shall obtain a certification that the proposed location complies with the locational requirements of the Zoning Code.
(h) The possession of other types of state or city permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually oriented business permit.
(i) By filing an application under this Section, the applicant shall be deemed to have consented to the provisions of this chapter and to the investigation of the application by the City Manager and his/her designees.
(j) The applicant is required to provide the City with the names of all employees required to be licensed under Section 701.14. This obligation continues even after a permit is granted or renewed.
(k) A sexually oriented business permit may be renewed annually upon written application, subject to the payment of the annual permit fee required under Section 701.07 and that the permit holder is still in conformance with the permit requirements.
(Ord. 5-07. Passed 2-19-07.)