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(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.)
(a) It shall be unlawful to allow a person who is younger than eighteen (18) years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.
(b) It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented businesses' regular business hours. It shall be the duty of the attendant to prohibit any person under the age of eighteen (18) years from entering the sexually oriented business. It shall be presumed that an attendant knew a person was under the age of eighteen (18) unless such attendant asked for and was furnished:
(1) A valid operator's, commercial operator's, or chauffeur's driver's license; or
(2) A valid personal identification certificate issued by the State of Ohio reflecting that such person is eighteen (18) years of age or older.
(c) Violation of this Section shall constitute a misdemeanor of the first degree.
(Ord. 2852. Passed 10-25-04.)
(a) Any notice required or permitted to be given by the Zoning Administrator or any other city office, division, department or other agency under this chapter to any applicant, operator or owner of a sexually oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or any notice of address change that has been received by the Zoning Administrator. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the Zoning Administrator or his designee shall cause it to be posted at the principal entrance to the adult oriented business.
(b) Any notice required or permitted to be given to the Zoning Administrator by any person under this chapter shall not be deemed given until and unless it is received in the office of the Zoning Administrator.
(c) It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the Zoning Administrator in writing of any change of residence or mailing address.
(Ord. 2852. Passed 10-25-04.)
A person who operates or causes to be operated a sexually oriented business without a valid business license or in violation of 1271.10 of this chapter is subject to a suit for injunction as well as prosecution for criminal violations. Each day a sexually oriented business so operates is a separate offense or violation.
(Ord. 2852. Passed 10-25-04.)
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