(a) It shall be unlawful for any person to operate a sexually oriented business without a valid sexually oriented business license issued by the Zoning Administrator pursuant to this chapter. Violation of this provision shall constitute a misdemeanor of the first degree.
(b) An application for a sexually oriented business license must be made on a form provided by the City. The application must be accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but 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. Prior to issuance of a license, the premises must be inspected by the health department, fire department, building department, and zoning department.
(c) All applicants for a license must be qualified according to the provisions of this chapter. The application may request, and the applicant shall provide, such information (including fingerprints) as to enable the City to determine whether the applicant meets the qualifications established under this chapter. The applicant has an affirmative duty to supplement an application with new information received subsequent to the date the application was deemed completed.
(d) If a person who wishes to own or operate a sexually oriented business is an individual, he or she must sign the application for a business license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a twenty percent (20%) or greater interest in the business must sign the application for a business license as applicant. If a corporation is listed as owner of a sexually oriented business or as the entity that wishes to operate such a business, each individual having a twenty percent (20%) or greater interest in the corporation must sign the application for a business license as applicant.
(e) Applications for a business license, whether original or renewal, must be made to the Zoning Administrator by the intended operator of the enterprise. Applications must be submitted to the office of the Zoning Administrator or the Zoning Administrator's designee during regular working hours. Application forms shall be supplied by the Zoning Administrator. The following information shall be provided on the application form:
(1) The name, street address (and mailing address if different) of the applicant(s);
(2) A recent photograph of the applicant(s);
(3) The applicant's driver's license number, Social Security number, and/or his or her state or federally issued tax identification number;
(4) The name under which the adult oriented business is to be operated and a general description of the services to be provided. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business's fictitious name and submit the required registration documents;
(5) Whether the applicant has been convicted, or is awaiting trial on pending charges, of a "specified criminal activity" as defined by this chapter, and, if so, the "specified criminal activity" involved, the date, place, and jurisdiction of each;
(6) Whether the applicant has had a previous license under this chapter or other similar sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant is or has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is or was licensed under a sexually oriented business ordinance whose business license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the business license was denied, suspended or revoked as well as the date of denial, suspension or revocation;
(7) Whether the applicant holds any other licenses under this chapter or other similar sexually oriented business ordinance from another city or county and, if so, the names and locations of such other licensed businesses;
(8) The single classification of license, as found in Section 1271.04, for which the applicant is filing;
(9) The telephone number of the adult oriented business;
(10) The address and legal description of the tract of land on which the adult oriented business is to be located;
(11) If the adult oriented business is in operation, the date on which the owner(s) acquired the adult oriented business for which the business license is sought, and the date on which the adult oriented business began operations as a sexually oriented business at the location for which the business license is sought;
(12) If the adult oriented business is not in operation, the expected startup date (which shall be expressed in number of days from the date of issuance of the business license). If the expected startup date is to be more than ten days following the date of issuance of the business license, then a detailed explanation of the construction, repair or remodeling work or other cause of the expected delay and a statement of the owner's time schedule and plan for accomplishing the same;
(13) If an applicant wishes to operate a sexually oriented business, which shall exhibit on the premises, in a viewing room or booth of less than 150 square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict specified sexual activities or specified anatomical areas, then the applicant shall comply with the application requirements set forth in this chapter.
(f) Each application for a business license shall be accompanied by the following:
(1) Payment of the application fee in full;
(2) If the adult oriented business is a State of Ohio corporation, a certified copy of the articles of incorporation, together with all amendments thereto;
(3) If the adult oriented business is a foreign corporation, a certified copy of the certificate of authority to transact business in this state, together with all amendments thereto;
(4) If the adult oriented business is a limited partnership formed under the laws of the State of Ohio, a certified copy of the certificate of limited partnership, together with all amendments thereto;
(5) If the adult oriented business is a foreign limited partnership, a certified copy of the certificate of limited partnership and the qualification documents, together with all amendments thereto;
(6) Proof of the current fee ownership of the tract of land on which the adult oriented business is to be situated in the form of a copy of the recorded deed;
(7) If the persons identified as the fee owner(s) of the tract of land in item (6) are not also the owners of the adult oriented business, then the lease, purchase contract, purchase option contract, lease option contract or other document(s) evidencing the legally enforceable right of the owners or proposed owners of the adult oriented business to have or obtain the use and possession of the tract or portion thereof that is to be used for the adult oriented business for the purpose of its operation;
(8) Any of items (2) through (9), above shall not be required for a renewal application if the applicant states that the documents previously furnished the Zoning Administrator with the original application or previous renewals thereof remain correct and current.
(g) Every application for a license shall contain a statement under oath that:
(1) The applicant has personal knowledge of the information contained in the application, and that the information contained therein and furnished therewith is true and correct; and,
(2) The applicant has read the provisions of this article.
(h) A separate application and business license shall be required for each sexually oriented business classification as set forth in Section 1271.03.
(i) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him from the requirement of obtaining a sexually oriented business or employee license.
(Ord. 2852. Passed 10-25-04.)