739.05 ENTERTAINER'S LICENSE.

   (a)    Any performing artist or entertainer intending to perform within the City in any place where intoxicating liquor, as defined by Ohio R.C. 4301.01, is sold for consumption upon the premises shall first apply for, and obtain, an artist's license from the Chief of Police.

   (b)    Application for the license required by this section shall be made on a form provided by the Division of Police. Such form shall require the following to be submitted by the applicant, in addition to such other and further information as may be required to conduct a character investigation:

      (1)    Name

      (2)    Birthdate

      (3)    Sex

      (4)    Present address

      (5)    Permanent address

      (6)    Height

      (7)    Weight

      (8)    Hair color

      (9)    Eye color

      (10)    Identifying marks

      (11)    Felony convictions, with details

      (12)    Photograph, passport type

      (13)    Fingerprints

   (c)    It shall be the duty of the Division of Police to investigate the moral character of the applicant and to make report of their investigation to the Chief of Police.

   (d)    A license shall not be issued to:

      (1)    A person under the age of twenty-one years.

         (Ord. 74-291. Passed 6-18-74.)

      (2)   A person who is not of good moral character and reputation.

      (3)    A person who has been convicted of a felony.

      (4)    A person who has been convicted of any offense prohibited by Ohio R.C. Chapter 2907 or by Chapter 533 of the General Offenses Code.

      (5)    A person whose license under this section has been revoked.

   (e)    The Chief of Police shall cause a license to be issued to each applicant, upon payment by such applicant of a license fee in the amount of ten dollars ($10.00), and upon being satisfied that the applicant is a person of good moral character and otherwise meets the standards and requirements established by this section. Each license shall have affixed thereto the photograph of the applicant and shall be valid for a period of one year from the date of its issuance. A license granted under this section may be renewed automatically upon payment of the initial license fee, unless previously revoked, and shall be carried upon the person of the licensee. (Ord. 80-228. Passed 7-15-80.)

   (f)    No performing artist or entertainer shall perform within the City in any place where intoxicating liquor is sold for consumption upon the premises unless he or she is licensed under the provisions of this section, and no owner, manager, operator or employee of any place where intoxicating liquor is sold for consumption on the premises shall permit such performance within such premises by anyone not licensed under this section.

   (g)    In addition to any other fine or penalty, a court may revoke a license issued under this section upon conviction of the licensee of any offense provided in Ohio R.C. Chapter 2907 or Chapter 533 of the General Offenses Code.

(Ord. 67-85. Passed 2-7-67.)

   (h)    Provided: The license required by this section shall not be required:

      (1)    Of any performing artist or entertainer when the performance of such artist or entertainer is provided under the terms of a written contract which has been executed by the owner, manager, operator or employee of the premises through the office of a recognized theatrical booking agency or the business agent of such artist or entertainer.

      (2)    Of a member of the American Federation of Musicians, including a member acting as his own business agent.

         (Ord. 74-325. Passed 7-16-74.)

739.06 SHOOTING GALLERIES.

   (a)    Definition. "Shooting gallery" means a place open to the public wherein a charge is made for discharging firearms at a target, and shall not be deemed to include ranges maintained by any military, police or other organization to which the public generally is not admitted.

   (b)    License Required. No person, firm or corporation shall open, operate or maintain, or cause to be opened, operated or maintained, any shooting gallery as defined in subsection (a) hereof without first obtaining a license to do so. Such application shall include information as to the number and type of arms to be used and a complete description of the plan of construction of the place for stopping and controlling bullets. A copy of the target to be used shall be submitted with the application.

   (c)    Investigation. The Bureau of Buildings, Inspections, Licenses and Permits shall refer each application for a license for a shooting gallery to the Chief of Police who shall make or cause to be made an investigation of the character of the applicant and of the fitness and suitability of the shooting gallery from the standpoint of public safety and compliance with the regulations therefor hereinafter set forth. After completing such investigation the Chief of Police shall return such application with his recommendation endorsed thereon.

   (d)   Issuance of License; Fee. The Bureau of Buildings, Inspections, Licenses and Permits upon receipt of the application from the Chief of Police with his endorsement thereon approving the same shall issue a license upon payment of the fee of fifty dollars ($50.00).

   (e)    Security. No license for a shooting gallery shall be issued unless and until there has been filed a bond in the sum of five thousand dollars ($5,000) for the benefit of any person or persons who may receive injuries or suffer death by reason of the operation of such shooting gallery which bond shall be approved by the Law Director; or such applicant may deposit a policy or certificate of liability insurance acceptable to and approved by the Mayor and Law Director, insuring and indemnifying the applicant in a sum of at least five thousand dollars ($5,000) for injuries or death of one person, and ten thousand dollars ($10,000) for the injury or death of two or more persons in any one accident resulting from the operation of such shooting gallery. The policy shall further contain a clause obligating the insurance company issuing the same to give thirty days' written notice to the Mayor before cancellation of the same. In case such policy of insurance is not replaced, the license of the licensee shall forthwith be cancelled at expiration of such thirty day period.

   (f)    Regulations. It shall be the duty of the Chief of Police, and any person or persons by him designated, and every police officer to enforce the following regulations:

      (1)    The backstop behind the target shall be at least 16-gauge steel boiler plate; shall extend the full width of the room and extend forward at an angle which in the opinion of the Chief of Police is adequate to protect the employees and the public from bullet ricochet and shall be made rigid. The sides of the room shall be protected by steel boiler plate of a thickness satisfactory to the Chief of Police and shall extend from the floor not less than ten feet. There shall be provided a six-inch sand-trap at the bottom and directly in front of the backstop, the full width and depth of same. Provided that when the room is surrounded by walls of heavy masonry, the Chief of Police is authorized to modify the requirements of this section.

      (2)    No owner, operator or attendant shall permit any person under the influence of intoxicants or narcotics, or any person under the age of sixteen years to handle or discharge any firearms upon the premises.

      (3)    The use of pistols or revolvers shall not be permitted and no rifle discharging a cartridge at a velocity exceeding 1,200 feet per second shall be permitted.

      (4)    All doors, gates and entrances leading into that part of the premises, between the firing point and the backstop shall be securely locked, and no person shall be permitted therein, at all times while persons are engaged in shooting, or have access to the rifles used.

      (5)    No shooting gallery shall be located closer than 200 feet to any school, church or hospital.

      (6)    All rifles, including the sights thereon, shall at all times be kept in first class condition, and the adjusting and blackening of sights shall be permitted.

      (7)    The ammunition used shall be smokeless, and only .22 caliber short cartridges shall be permitted to be used.

      (8)    Such shooting gallery shall be open to the public only between the hours of 9:00 a.m. and 12:00 midnight.

      (9)    The shooting gallery shall be properly and adequately ventilated at all times.

      (10)    Attendants shall wear a uniform, brassard or other distinguishing mark to identify them as employees of the licensee, and no attendant shall have charge of more than four rifles while actually being used on the firing line.

      (11)    No gambling shall be permitted upon the premises licensed as a shooting gallery, but this shall not be construed as prohibiting the offering of prizes for marksmanship.

      (12)    All paper targets used in a shooting gallery shall be of a quality and texture of paper as prescribed by the Chief of Police.

      (13)    The Chief of Police is hereby authorized to make such other regulations not inconsistent herewith which may from time to time be required for the protection of the public safety and welfare.

         (1954 Code Secs. 66.20 - 66.30; Ord. 80-231. Passed 7-15-80.)

739.07 VIDEO BOOTH REQUIREMENTS.

   (a)    Video booths and places of business containing them shall be open to official inspection as provided in Section 739.04.

   (b)    Any video booth containing film or video or reproduction viewing devices shall comply with the requirements of subsection (c) hereof, if the material exhibited by the devices depicts any of the following:

      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

      (2)    Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

      (3)    Masturbation, actual or simulated; or

      (4)    Bodily excretory functions.

   (c)    Each and every viewing booth for film, video or other device shall comply with all of the following:

      (1)   The interior of the booth shall be visible from a well-lighted open and continuous main aisle;

      (2)    Not be obscured by any door, screen, curtain or other material;

      (3)    All side and rear walls shall be without holes or openings;

      (4)    Shall not be occupied by more than one person at a time; and

      (5)    Be illuminated by a light bulb of no less than twenty-five watts.

   (d)    No owner, operator, employee or agent of a place of business containing a video booth shall violate this section or allow or permit a violation thereof to occur.

   (e)    No patron or customer or visitor of a place of business containing a video booth shall violate subsection (c)(4) hereof.

   (f)    Whoever violates this section is guilty of a misdemeanor of the first degree.

(Ord. 92-297. Passed 12-15-92.)

739.99 PENALTY.

   Whoever violates any provision of this chapter for which another penalty is not provided, other than revocation or suspension of license, is guilty of a minor misdemeanor.

(1954 Code Sec. 66.90)