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(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.)
(a) The Zoning Administrator shall suspend a license for a period not to exceed thirty (30) days if he or she determines that licensee has:
(1) Violated or is not in compliance with any section of this chapter;
(2) Refused to allow prompt inspection of the sexually oriented business premises as authorized by this chapter.
(3) Three suspensions within a one-year period shall result in a license revocation.
(b) The Zoning Administrator shall revoke a license upon the Zoning Administrator's determination that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee was convicted of a "specified criminal activity" on a charge that was pending prior to the issuance of the license;
(3) A licensee has, with knowledge, permitted the possession, use, or sale of controlled substances on the premises;
(4) A licensee has, with knowledge, permitted prostitution on the premises;
(5) A licensee has, with knowledge, operated the sexually oriented business during a period of time when the licensee's license was suspended;
(6) A licensee is delinquent in payment to the City or State for any taxes or fees;
(7) A licensee or agent or operator or attendant has, with knowledge, permitted a person under eighteen (18) years of age to enter the adult oriented business; or
(8) A licensee has sold, assigned, or transferred ownership or control of the sexually oriented business to a non-licensee;
(9) A licensee has, with knowledge, permitted a person or persons to engage in specified sexual activities on the premises of the sexually oriented business.
(c) When the Zoning Administrator revokes a license, the revocation shall continue for one (1) year, and the licensee shall not be issued a sexually oriented license for one (1) year from the date revocation became effective.
(Ord. 2852. Passed 10-25-04.)
(a) Sexually oriented businesses shall be located in Industrial Districts only and must obtain a conditional use permit.
(b) No adult entertainment business shall be permitted in a location which is within 750 feet of another adult entertainment business;
(c) No adult entertainment business shall be permitted in a location which is within 1,000 feet of any church, any public or private school, any park, any playground, or any social services facility or neighborhood center;
(d) No adult entertainment business shall be permitted in a location which is within 500 feet of any residence or boundary of any residential district;
(e) No adult entertainment business shall be permitted in a location which is within 200 feet of any boundary of any residential district in a local unit of government abutting the City.
(Ord. 2852. Passed 10-25-04.)
(a) No building shall be erected, constructed, or developed, and no building or premises shall be reconstructed, remodeled, arranged for use or used for any adult entertainment business unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1278. In addition to said provisions, an adult entertainment business shall comply with the following conditional use criteria.
(b) Adult entertainment businesses shall comply with the district regulations applicable to all properties in any district in which they are located.
(Ord. 2852. Passed 10-25-04.)
(a) The Zoning Administrator shall revoke the conditional use permit for any adult entertainment business in the event that the license to operate such adult entertainment business is revoked.
(b) The Zoning Administrator shall revoke the conditional use permit for any adult entertainment business if so determined pursuant to the action of the Board of Zoning Appeals, or if the Zoning Administrator determines, after interviewing both the complainant and the adult entertainment business, that the specific reasons in the complaint appear to be proper grounds for suspension or revocation of the conditional use permit, he or she shall refer the matter to the Board of Zoning Appeals
(Ord. 2852. Passed 10-25-04.)
(a) A person who operates or causes to be operated a sexually oriented business which exhibits on the premises in a viewing room of less than one hundred fifty (150) square feet of floor space, a film, video cassette, or other video reproduction, that depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed thirty-two (32) square feet of floor area. The diagram shall also designate the place at which the 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 (6") inches. The Zoning Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant.
(3) No alteration in the configuration or location of a manager's station may be made without the prior approval of the Zoning Administrator or his or her designee.
(4) It is the duty of the owners and operator of the premises to ensure that at least one employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
(5) The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of the entire area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the entire area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.
(6) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the view area specified in subsection (5) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises that has been designated as an area in which patrons will not be permitted, as designated in the application filed pursuant to subsection (1) of this section.
(7) No viewing room may be occupied by more than one person at any time.
(8) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot-candle as measured at the floor level.
(9) It shall be the duty of the operator, and it shall also be the duty of any agents and employees present in the premises, to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
(10) No licensee shall allow an opening of any kind to exist between viewing rooms or booths.
(11) No person shall make any attempt to make an opening of any kind between the viewing booths or rooms.
(12) The operator of the sexually oriented business shall, during each business day, inspect the walls between the viewing booths to determine if any openings or holes exist.
(13) The operator of the sexually oriented business shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(14) The operator of the sexually oriented business shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board or other porous material shall be used within forty eight (48") inches of the floor.
(b) A person having a duty under Subsections (1) through (14) of this Section commits a misdemeanor if he or she, with knowledge, fails to fulfill that duty.
(Ord. 2852. Passed 10-25-04.)
(a) It shall be unlawful for an owner or operator of a sexually oriented business to allow the merchandise or activities of the adult oriented business to be visible from a point outside the adult oriented business.
(b) It shall be unlawful for the owner or operator of a sexually oriented business to allow the exterior portion of the sexually oriented business to have flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent permitted by the provisions of this chapter.
(c) It shall be unlawful for the owner or operator of a sexually oriented business to allow exterior portions of the adult oriented business to be painted any color other than a single achromatic color. This provision shall not apply to a sexually oriented business if the following conditions are met:
(1) The adult oriented business is a part of a commercial multi-unit center; and
(2) The exterior portions of each individual unit in the commercial multi-unit center, including the exterior portions of the business, are painted the same color as one another or are painted in such a way so as to be a component of the overall architectural style or pattern of the commercial multi-unit center.
(d) Nothing in this article shall be construed to require the painting of an otherwise unpainted exterior portion of a sexually oriented business.
(e) A violation of any provision of this Section shall constitute a minor misdemeanor. Each day of the offense shall be considered a separate offense.
(Ord. 2852. Passed 10-25-04.)
(a) Notwithstanding any other city ordinance, code, or regulation to the contrary, it shall be unlawful for the operator of any sexually oriented business or any other person to erect, construct, or maintain any sign for the sexually oriented business other than the one (1) primary sign and one (1) secondary sign, as provided herein.
(b) Primary signs shall have no more than two (2) display surfaces. Each such display surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed seventy-five (75) square feet in area; and
(4) Not exceed ten (10) feet in height or ten (10) feet in length.
(c) Primary signs shall contain no photographs, silhouettes, drawings or pictorial representations in any manner, and may contain only the name of the enterprise.
(d) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print-type, size and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.
(e) Secondary signs shall have only one display surface. Such display surface shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed twenty (20) square feet in area;
(3) Not exceed five (5) feet in height and four (4) feet in width; and
(4) Be affixed or attached to any wall or door of the enterprise.
(f) The provisions of item (1) of subsection (b) and subsection (c) and (d) shall also apply to secondary signs.
(g) Violation of any provision of this Section shall constitute a minor misdemeanor. Each day of the offense shall be considered a separate offense.
(Ord. 2852. Passed 10-25-04.)
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