761.09 EXPIRATION AND RENEWAL OF LICENSE.

   (a)    Each license issued pursuant to this Chapter shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than ninety (90) days and no less than twenty-one (21) days before the expiration date. If application is made less than twenty-one (21) days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.

   (b)    An application for renewal of a sexually oriented business license shall be submitted to the Codes & Permits Department on a form provided by the Department. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to this Chapter. Copies of any document or material submitted in connection with the initial license application shall accompany the completed renewal application that has been revised or such application shall be revised to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.

   (c)    The Codes & Permits Department shall make determinations concerning the approval of license renewals based on the same criteria and time mandates used to evaluate applications for new licenses under this Chapter.

   (d)    The Codes & Permits Department shall advise the applicant in writing within three (3) days of the reason(s) for any denial of a license renewal.

   (e)    An application for renewal of an employee license shall be submitted to the Codes & Permits Department on a form provided by the Department. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to this Chapter. Copies of any document or material submitted in connection with the initial license application shall accompany the completed renewal application that has been revised or requires revision to reflect any change in circumstances or conditions.

   (f)    When the City denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. However, if the City finds, subsequent to denial, that the basis for the denial of the renewal license has been corrected or abated, the applicant may reapply prior to the expiration of the one year period.
(Ord. 10-158. Passed 7-6-10.)

761.10 LICENSE SUSPENSION.

   (a)    The City shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee:

      (1)    Has violated or is not in compliance with any section of this Chapter; or

      (2)    Has knowingly allowed an employee to violate or fail to comply with any section of this Chapter.

   (b)    The City shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee or its employee or agent has refused to allow, or has prohibited or has interfered with, an inspection of the licensed sexually oriented business premises as authorized by Section 761.06 (b) and (c) of this Chapter or any other reasonable inspection.

   (c)    The City shall suspend an employee license for a period not to exceed thirty (30) days if it determines that a licensee has violated or is not in compliance with any section of this Chapter.

   (d)    The Codes & Permits Department shall advise the licensee in writing within three (3) days of the reason(s) for any suspension.
(Ord. 10-158. Passed 7-6-10.)

761.11 LICENSE REVOCATION.

   (a)    The City shall revoke a sexually oriented business license or employee license if a cause of suspension under this Chapter occurs and the license has been suspended two times within the preceding twelve (12) months.

   (b)    The City shall revoke a sexually oriented business license if it determines that:

      (1)    A licensee failed to provide all information and documents required for issuance of the license as requested on the application form, or provided information or documents as requested on the application that are false;

      (2)    The licensee(s) failed to comply with any requirement stated in the license, pursuant to this Chapter, to correct specified deficiencies within 120 days;

      (3)    A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;

      (4)    A licensee has knowingly allowed prostitution, solicitation, or the commission of a felony on the premises;

      (5)    A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;

      (6)    A licensee has knowingly allowed any act of specified sexual activity, as defined in this Chapter, to occur in or on the licensed premises;

      (7)    A licensee has been convicted of a specified criminal activity, as defined in this Chapter, during the term of the license; or

      (8)   A licensee is delinquent in payment to the Township, County, or State for any taxes or fees that were assessed or imposed in relation to any business.

   (c)    The City shall revoke an employee license if it determines that:

      (1)    The licensee failed to provide all information and documents required for issuance of the license as requested on the application form, or provided information or documents as requested on the application that are false;

      (2)    The licensee has knowingly acted as an employee on the premises of a sexually oriented business during a period of time when the licensee's license was suspended; or

      (3)    The licensee has been convicted of a specified criminal activity, as defined in this Chapter during the term of the license.

   (d)    The Codes & Permits Department shall advise the licensee in writing within three (3) days of the reason(s) for any revocation.

   (e)    When the City revokes a license pursuant to Sections 761.11(a), (b)(3) -(7), (c)(2) or (3) above, the licensee shall not be issued another license for one (1) year from the date the revocation became effective.

   (f)    When the City revokes a license pursuant to Sections 761.11(b )(1), (b )(8) or (c)(1) above, the applicant may be granted a license if the basis for the revocation has been corrected or abated and at least thirty (30) days have elapsed since the date the revocation became effective.
(Ord. 10-158. Passed 7-6-10.)

761.12 APPEAL RIGHTS.

   (a)    Any denial, suspension, or revocation of a license under this Chapter may be appealed to the City Planning Commission by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the City Planning Commission must hold a hearing on the appeal within twenty-one (21) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing. During the time between the date of the denial, suspension, or revocation of a license and the date of the City Planning Commission decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.

   (b)    In the event that the City Planning Commission affirms the denial, suspension or revocation of a license, the applicant may pursue an appeal to Richland County Court of Common Pleas pursuant to Revised Code Chapter 2506. The failure of the City Planning Commission to render a decision on the application within the time prescribed in Section 761.12 (a) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to Richland County Court of Common Pleas pursuant to Revised Code Chapter 2506.

   (c)    Any licensee lawfully operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this Chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the City Planning Commission of a decision rendered under this Chapter and during the entire time required for the court to rule on the appeal pursuant to Section 761.12(b).

   (d)    Any licensee lawfully acting as an employee in a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this Chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the City Planning Commission of a decision rendered under this Chapter and during the entire time required for the court to rule on the appeal pursuant to Section 761.12(b) above.

   (e)    In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending thirty (30) days before the expiration date of any license, the licensee may file a renewal license application with the Codes & Permits Department pursuant to this Chapter. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.

   (f)    If, during the pendency of any appeal pursued under Section 761.12(b) there are additional denials of a renewal license application or suspensions or revocations of that license, the City has the right to consolidate the appeal pursued under Section 761.12(b) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 10-158. Passed 7-6-10.)

761.13 TRANSFER OF LICENSE.

   (a)    A sexually oriented business license is not transferable from one licensee to another or from one location to another. Any purported transfer of a sexually oriented business license shall automatically and immediately revoke that license.

   (b)    An employee license is not transferable from one licensee to another, but the use of the license by the individual to whom it was issued may be transferred from one licensed sexually oriented business to another such licensed establishment during the term of the license, provided that the licensee gives written notice of such transfer to the Codes & Permits Department within fifteen (15) days of such transfer.
(Ord. 10-158. Passed 7-6-10.)

761.14 ADDITIONAL REGULATIONS FOR ESCORT AGENCIES.

   (a)    An escort agency shall not employ any persons under the age of 18 years.

   (b)    A person commits an offense if he acts as an escort or agrees to act as an escort for any person under the age of 18 years.
(Ord. 10-158. Passed 7-6-10.)

761.15 ADDITIONAL REGULATIONS FOR NUDE MODEL STUDIOS.

   (a)    Any nude model studio shall not employ any person under the age of 18 years.

   (b)    A person under the age of 18 years commits an offense if he appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or persons of the opposite sex.

   (c)    A person commits an offense if he appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right of way.

   (d)    A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises; except that a sofa may be placed in a reception room open to the public.
(Ord. 10-158. Passed 7-6-10.)