(A) No sexually oriented business shall operate without first obtaining a valid zoning permit pursuant to Chapter 154 of Marblehead Codified Ordinances and a valid sexually oriented business permit issued by the village for the particular type of business classification sought to be operated. It shall be unlawful and a person commits a misdemeanor of the first degree if he or she knowingly operates or causes to be operated a sexually oriented business without first obtaining said permit, or employs a person as a sexually oriented business employee or independent contractor who is not authorized to work or perform services pursuant to this chapter.
(B) The Chief of Police is responsible for granting, denying, revoking, renewing and suspending sexually oriented business permits for proposed or existing sexually oriented businesses.
(C) The Police Department is responsible for obtaining information on whether an applicant has been convicted of a specified criminal act during the time period set forth.
(D) Application for a permit must be made on a form provided by the village. Any person desiring to operate a sexually oriented business shall file with the village an original and two copies of a sworn permit application on the standard application form of the village. If a person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a permit as an applicant. If an entity wishes to operate a sexually oriented business, the entity shall file an application for a permit with an authorized representative signing for the entity. In addition, each manager of the entity shall also sign the application for a permit. Each applicant must be qualified under this chapter and each applicant shall be considered as a permittee if a permit is granted.
(E) The completed application shall contain the following information and shall be accompanied by the documents indicated:
(1) If the applicant is:
(a) An individual, the individual shall state his or her legal name and any aliases; further, if the applicant intends to operate the business as a sole proprietorship, the applicant shall list the name under which he or she intends to do business;
(b) Representing a partnership, the applicant shall state the partnership's complete name, the name and address of the statutory agent or other agent authorized to accept service of process, and the legal name and any aliases of each manager;
(c) Representing a corporation, the applicant shall state the corporation's complete name, provide the name of the registered corporate agent and the address of the registered office for service of process, and the legal name and any aliases of each manager;
(d) Representing a limited liability company, the applicant shall state the limited liability company's name, the name and address of the registered agent and address of the registered office for service of process, and the legal name and any aliases of each manager.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant must state the sexually oriented business's fictitious name.
(3) Whether the applicant (including any manager) has, within the two or five-year period (as specified in § 112.10(C) immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the name of the pertinent applicant or manager, the specified criminal act involved, the date of the conviction and the place of conviction.
(4) Whether the applicant (including any manager) has had a previous permit under this chapter or other similar sexually oriented business ordinances from another village, county, township or state denied, suspended or revoked within a two-year period immediately preceding the date of the application, including the name of the pertinent applicant or manager, the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, reason for the same, and length of suspension.
(5) Whether the applicant (including any manager) holds any other permits and/or licenses under this chapter or other similar sexually oriented business chapter from another village, county, township or state and, if so, the name of the pertinent applicant or manager and the names and locations of such other permitted businesses.
(6) The single classification of sexually oriented business for which the applicant is filing a permit application.
(7) The location of the proposed sexually oriented business, including a legal description of the permitted premises, street address, and telephone number(s), if any.
(8) The mailing address and residential address of each applicant (including any manager).
(9) Written proof of date of birth of any individual applicant (including any manager).
(10) A sketch or diagram showing the configuration of the permitted premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it 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 one foot. Further, the diagram must comply with the provisions of §§ 112.18 and 112.19 of this chapter, if applicable.
(11) At the applicant's discretion, the application may include, but is not required to include, a current straight-line drawing prepared not more than 30 days prior to the date of application and certified to the village by an Ohio registered land surveyor depicting:
(a) The property lines and the permitted premises containing any established existing uses regulated by this chapter within a 1,000 foot radius of the permitted premises in which the applied for sexually oriented business is to be located;
(b) The property lines of any established school, library, public park or recreation area, church or church grounds within 1,000 feet of the permitted premises;
(c) The property lines of any residence or residential district within 1,000 feet of the permitted premises; and
(12) The application shall be sworn to be true and correct by each applicant.
(F) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any material way from what is stated on the application, including all information pertaining to managers. The failure to comply with said continuing duty within 30 days from the date of such change, by supplementing the application on file with the village, shall be grounds for suspension of a permit.
(G) In the event that the Chief of Police determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he or she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(H) The applicant shall pay a non-refundable application fee of $300 at the time of filing an application pursuant to this chapter to defray the administrative expenses associated with processing the application, including, but not limited to, any reasonable investigations associated therewith.
(I) The fact that a person possesses other types of state or village permits and/or licenses does not exempt that person from the requirement of obtaining a sexually oriented business permit or qualify that person for a sexually oriented business permit.
(J) The applicant shall be required to provide the village with the names of any and all employees and independent contractors who are required to be licensed pursuant to § 112.17 of this chapter before they commence working. An application filed by the employee or independent contractor with the village before beginning work shall be deemed compliance with this provision. This shall be a continuing requirement, even after a permit is granted or renewed, so long as the sexually oriented business is in operation. A person who knows or should know that they have failed to comply with this requirement shall be guilty of a first degree misdemeanor.
(K) For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. The village, upon request of applicant or applicant's agent, shall provide a list of sexually oriented businesses in the general area which are currently licensed by the village.
(Ord. 19, 2008, passed 1-22-2009)