(a) Definitions. As used in these regulations:
(1) "Adult cabaret" means a night club, bar, restaurant or similar establishment in which persons appear in a state of nudity in the performance of their duties.
(2) “Permit” means a permit to operate an adult cabaret, issued pursuant to these regulations.
(3) “Nudity” means the showing of any of the following:
A. The human male or female genitals, pubic area or buttocks with less than a fully opaque covering;
B. The female breast with less than a fully opaque covering on any part of the nipple.
(b) Scope of Regulations. These regulations govern adult cabarets within the incorporated area of the City and the owners, operators, persons in charge and the employees of such establishments.
(c) Permit or License Required. No person shall engage in, conduct or carry on an adult cabaret or permit an adult cabaret to be engaged in, conducted or carried on, in or on premises owned or controlled by him, without a valid, current permit issued pursuant to these regulations. A separate permit is required for each location at which an adult cabaret is operated.
(d) Application for Permit or License.
(1) Application for an original or renewal permit or license shall be in writing, addressed to the City of Huron Building Department, Huron, Ohio.
(2) An application for a renewal permit or license shall be filed not later than thirty days prior to the expiration of the permit or license to be renewed.
(3) All applications shall be filed with the Building Official.
(4) A non-refundable filing fee shall be paid at the time of filing the application, as follows:
A. Three hundred dollars ($300.00) for an initial permit to operate an adult cabaret;
B. One hundred fifty dollars ($150.00) for a renewal permit to operate an adult cabaret.
(5) An application for an initial or renewal permit to operate an adult cabaret shall contain the following:
A. The address where the adult cabaret is operated, or is to be operated;
B. The status of the applicant as an individual, partnership or limited partnership, domestic or foreign corporation, or other entity;
C. The full name, residence address, date of birth and social security number of the applicant or the person applying on behalf of a partnership, corporation or other entity;
D. If the applicant is a partnership or limited partnership, the name of the partnership; the status of the partnership as a general or limited partnership; the state or other jurisdiction under which it is organized; the address of its principal office; the address of its principal office in Ohio; its federal identification number, the name and address of its statutory agent in Ohio; the full name, residence address, date of birth and social security number of each partner, and the status of each partner as a general or limited partner;
E. If the applicant is a corporation, the name of the corporation; the state or other jurisdiction under which it is organized; the address of its principal office; the address of its principal office in Ohio; its federal identification number, the name and address of its statutory agent in Ohio; and the full name, residence address, date of birth and social security number of each shareholder, if a corporation or a general or limited partnership, the same information shall be included for such shareholder as is required for an applicant that is a corporation or general or limited partnership;
F. The full name, residence address, date of birth and social security number of each person employed by the adult cabaret or whose employment is contemplated by the establishment and the capacity in which such person is or is to be employed;
G. A written statement that the applicant and, to the applicant's knowledge, the persons named in the application have never been convicted of or pleaded guilty to any offense other than a misdemeanor traffic offense, or a statement listing the offenses other than misdemeanor traffic offenses of which the applicant or any person named in the application has been convicted, including the offense, date of conviction and the name and location of the Court;
H. A written statement by the applicant for a permit to operate an adult cabaret that the Ohio Liquor Control Commission has never, pursuant to Ohio R. C. 4301.25, revoked a permit held by the applicant or any person or entity named in the application;
I. Authorization for an investigation into the background, including any criminal record, of the applicant and any person or entity named in the application, including authorization to conduct subsequent investigations to supplement or update the information;
J. The applicant’s agreement to abide by these regulations and the laws of Ohio, the City of Huron and any amendments, additions or reenactment thereof.
(e) Inspection and Investigation.
(1) Upon receipt of an application for a permit or renewal permit to operate an adult cabaret, the Building Official shall notify the state or local authorities designated by the City to conduct health and safety inspections of the specified premises and to determine compliance or noncompliance with applicable health and safety codes. Written reports of inspections shall be prepared by the inspectors and filed with the Building Official and shall become part of the application for a permit.
(2) Upon receipt of an application for a permit or renewal permit to operate an adult cabaret, the Building Official shall refer the applicant to the Huron Police Department to be fingerprinted and shall request that the Police Department conduct an investigation into the background of the applicant and into the background of other persons or entities named in the application. A written report of the results of the investigation shall be prepared by the investigating officer or agency and filed with the Building Official and shall become part of the application for a permit.
(f) Action on Application.
(1) The City shall act on the application within thirty days after the filing of the reports required by subsection (d). If the City finds that additional information, inspections or investigations are reasonably necessary to evaluate the application properly, it may order the applicant to file supplemental information or order supplemental inspections and investigations and postpone action on the application pending receipt of the supplemental information or reports.
(2) The application will be denied if:
A. The application is incomplete, contains any false information or fails to comply with these regulations;
B. The applicant for a permit or renewal permit to operate an adult cabaret has failed to cooperate with any required health or safety inspection or background investigation;
C. The applicant or any person named in the application for an initial or renewal permit to operate an adult cabaret within the past five years has been convicted of or pleaded guilty to an offense under Ohio R.C. Chapter 2907, or a substantially equivalent offense under a municipal ordinance in Ohio, or under the laws of another state or territory or of the United States or under a municipal ordinance in any such jurisdiction;
D. The operation of an adult cabaret at the specified premises would violate existing zoning restrictions;
E. The report of the health and safety inspections conducted pursuant to subsection (e)(l) reveals any unsanitary, unsafe or hazardous condition on the premises subject to the permit or renewal permit or any violation of applicable health or safety codes;
F. Any person employed at the licensed adult cabaret has been convicted of or pleaded guilty to a violation of Division C of Section 503.33 of the Ohio Revised Code.
G. The Liquor Control Commission of the State of Ohio has revoked, under Section 4301.25 of the Ohio Revised Code, a permit held by any one of the persons named in the application.
H. The applicant has violated these regulations or aided or abetted any violation of these regulations.
(3) If the application is denied, the Building Official shall promptly notify the applicant in writing of the order denying the application. If the City approves the application, the Building Official shall promptly issue to the applicant a permit or license, as the case may be.
(4) A permit or renewal permit to operate an adult cabaret shall contain the address of the permit premises, the name and address of the permit holder and the date of issuance and date of expiration of the permit.
(g) Expiration of Permit or License. A permit to operate an adult cabaret is valid for one (1) year and expires on the anniversary of the date of issuance, unless sooner revoked as provided in these regulations.
(h) Display of Permit. The permit to operate an adult cabaret shall be prominently displayed in an area of the premises open to the public.
(i) Revocation of Permit or License. The City may at any time revoke a permit or license issued pursuant to these regulations, on any of the same grounds listed in subsection (f)(2) for denial of the permit or license, including any such ground arising or discovered after issuance of a permit or license. The Building Official shall promptly notify the permittee or licensee in writing of the order of revocation.
(j) Inspections, Investigations and Physical Examinations.
(1) Health and safety inspections of permit premises shall be conducted at intervals of six (6) months after issuance or renewal of the permit, to insure continued compliance with health and safety codes. In addition the City may order health and safety inspections at any time there is reasonable cause to believe that an unsanitary, unsafe or hazardous condition exists on the premises. The Building Official shall notify the appropriate authorities or agencies to make such inspections at the designated times. Written reports of inspections shall be filed with the Building Official.
(2) City personnel or agents may at all reasonable times inspect permit premises to insure continued compliance with the laws of Ohio, the City of Huron and these regulations.
(3) At any time there is reasonable cause to do so, the City may order a background investigation, including criminal record, if any, of any permittee, person named in the application for a permit or employee of a permittee. Written reports of investigations shall be filed with the Building Official.
(k) Rules Governing Operation of Adult Cabarets.
(1) Adult cabarets shall close not later than 2:00 a.m. or not later than the closing time required under its permit to sell alcoholic beverages, whichever is later, shall not reopen earlier than 11:00 a.m. and shall not be in operation between closing and 11:00 a.m.
(2) All parts of the establishment shall at all times be maintained in a neat, clean, sanitary and safe condition.
(3) The owner, operator or person in charge of the establishment shall allow state or local authorities, including law enforcement officers, access to any and all parts of the premises for the purpose of making any health or safety inspection pursuant to these regulations and shall cooperate in any background investigation.
(4) No person under age eighteen shall be employed by or in any adult cabaret in any capacity, whether full-time or part-time, and with or without remuneration or compensation in any form.
(5) No adult cabaret shall be established or operated within five hundred (500) feet of the boundaries of any parcel of real estate having situated on it a school, church, library, public playground or park.
(6) The permittee shall file a list of employees with the Building Official and shall file an amended list at any time there is a change in personnel. The list shall state the name, address, date of birth, social security number and position of such employee.
(7) The owner, operator or person in charge of the adult cabaret shall exercise adequate supervision to insure the employees comply at all times with these regulations and the laws of the State of Ohio and the City.
(l) Rules Governing Conduct of Employees.
(1) No person under the age of eighteen shall accept or continue employment by an adult cabaret, in any capacity, whether full-time, part-time or as a volunteer and with or without remuneration or compensation in any form.
(2) Any employee of an adult cabaret shall cooperate with any background investigation under these regulations.
(3) No employee of an adult cabaret, in the performance of his or her duties, shall do any of the following:
A. Place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the genitals, pubic area, or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female;
B. Perform, offer or agree to perform any act that would require the touching of the genitals, pubic area or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female;
C. Uncover the genitals, pubic area or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female.
(m) Records. The Building Official shall keep a complete record of all documents and proceedings under these regulations, including without limitation, applications, reports, copies of permits and licenses issued, notices, correspondence, permittee employee lists, City Council proceedings, resolutions, orders and petitions. All documents shall be endorsed by the Building Official with the date of filing.
(n) Deposit and Use of Fees. Fees collected by the City for permits and licenses under these regulations shall be deposited in the General Fund to be first applied to the cost of administering and enforcing these regulations.
(p) Penalty. A violation of any portion of this Section 1126.14
shall be a misdemeanor of the first degree.
(Ord. 1998-39. Passed 12-7-98.)