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(a) "Adult Arcade" means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
(b) "Adult Bookstore" or "Adult Video Store" means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that depict or describe "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia that are designed for use in connection with "specified sexual activities."
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as "Adult Bookstore" or "Adult Video Store". Such other business purposes will not serve to exempt such commercial establishments from being categorized as an "Adult Bookstore" or "Adult Video Store" so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that depict or describe "specified sexual activities" or "specified anatomical areas." A principal business purpose need not be a primary use of an establishment so long as it is a significant use based upon the visible inventory or commercial activity of the establishment.
(c) "Adult Cabaret" means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in a state of nudity or semi-nudity; or
(2) Live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
(3) Films, motion pictures, video cassettes, digital cassette discs (DVD), slides, or other photographic reproductions that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(4) Persons who engage in erotic dancing or performances that are intended for the sexual interests or titillation of an audience or customers.
(d) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(e) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear, in person, in a state of nudity and/or semi-nudity, and/or live performances that are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(f) "Employee" means a person who performs any service on the premises of a sexually oriented business on a full time, part time, contract basis, or independent basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise, and whether or not the person is paid a salary, wage, or other compensation by the operator of said business. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises, nor does "employee" include a person exclusively on the premises as a patron or customer.
(g) "Licensee" means a person in whose name a license has been issued, as well as the individual listed as an applicant on the application for a license.
(h) "Nudity" means the appearance of a human bare buttock, anus, anal cleft or cleavage, pubic area, male genitals, female genitals, or vulva, with less than a fully opaque covering; or a female breast with less than a fully opaque covering of any part of the nipple; or human male genitals in a discernibly turgid state even if completely and opaquely covered.
(i) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.
(j) "Premises" means the real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a business license;
(k) "Semi-Nude" means the appearance of the female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
(l) "Sexually Oriented Business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motion picture theater, or adult theater.
(m) "Specified Anatomical Areas" means:
(1) The human male genitals in a discernibly turgid state, even if fully and opaquely covered;
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
(n) "Specified Criminal Activity" means any of the following offenses:
(1) Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar sex-related offenses to those described above under the criminal or penal code of this state, or other states.
(2) For which:
A. Less than one year has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
B. Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a felony offense;
(3) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
(o) "Specified Sexual Activities" means and includes any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(3) Masturbation, actual or simulated; or
(4) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.
(p) "Transfer of Ownership or Control" of a sexually oriented business means and includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities that form a controlling interest in the business, whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 2852. Passed 10-25-04.)
(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.)
(a) If application is made for a sexually oriented business license, the Zoning Administrator shall approve or deny issuance of the license within 30 days of receipt of the completed application. The Zoning Administrator shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) An applicant is under the age of eighteen (18) years;
(3) An applicant has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months, or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
(4) An applicant is overdue in payment to the City in taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business;
(5) An applicant has been convicted of a "specified criminal activity" as defined in this chapter.
(6) The premises to be used for the sexually oriented business have not been approved by the fire department, the zoning department, the health department, and the building department as being in compliance with applicable laws and ordinances;
(7) The license fee required under Section 1271.07 of this chapter has not been paid;
(8) An applicant of the proposed adult oriented business is in violation of or is not in compliance with one or more of the provisions of this chapter.
(b) A license issued pursuant to subsection (a) of this Section, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(c) The fire department, building department and zoning department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application from the Zoning Administrator. The certification shall be promptly presented to the Zoning Administrator.
(d) A sexually oriented business license shall issue for only one classification, as set forth in Section 1271.04.
(e) In the event that the Zoning Administrator determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within forty five (45) days of the receipt of the completed application by the Zoning Administrator, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this chapter.
(f) An applicant may appeal the decision of the Zoning Administrator regarding a denial to the City Council by filing a written notice of appeal with the city secretary within fifteen (15) days after service of notice upon the applicant of the Zoning Administrator's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Zoning Administrator may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the City Council. After reviewing such memoranda, as well as the Zoning Administrator's written decision, if any, and exhibits submitted to the Zoning Administrator, the City Council shall vote either to uphold or overrule the Zoning Administrator's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the city secretary receives the notice of appeal. However, all parties shall be required to comply with the Zoning Administrator's decision during the pendency of the appeal. After denial of an initial or renewal application by the Zoning Administrator and City Council, or suspension or revocation of a license by the Zoning Administrator, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(g) A license issued pursuant to subsection (d) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Zoning Administrator that the applicant has not been convicted of any "specified criminal activity" as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (45) days of the completed application.
(h) A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. 2852. Passed 10-25-04.)
The annual fee for a sexually oriented business license, whether new or renewal, is five hundred dollars ($500.00). These fees are to be used to pay for the cost of the administration and enforcement of this chapter and shall be deposited into the General Fund.
(Ord. 2852. Passed 10-25-04.)
(a) An applicant or licensee shall permit representatives of the Fire Department or Zoning Administrator to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is open for business.
(b) It shall be unlawful for an owner, operator, agent or employee of a sexually oriented business to deny access to the proper authorities for such lawful inspection of the premises.
(c) Whoever violates this section is guilty of unlawful refusal of inspection. Unlawful refusal of inspection is a misdemeanor of the fourth degree.
(Ord. 2852. Passed 10-25-04.)
(a) Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in Section 1271.04. Application for renewal must be made at least thirty (30) days before the expiration date. Failure to submit the application for renewal within the 30 day time limit may result in the delay of renewal. If the renewal date does not occur on or before the expiration date, the expiration shall take effect.
(b) When the Zoning Administrator denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial unless there is a judicial determination that the denial of renewal was wrongful.
(Ord. 2852. Passed 10-25-04.)
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