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Mason Overview
Mason, OH Code of Ordinances
CITY OF MASON, OHIO CODE OF ORDINANCES
ROSTER OF OFFICIALS of the CITY OF MASON, OHIO
ADOPTING ORDINANCES
CHARTER
PART ONE: ADMINISTRATIVE CODE
PART THREE: TRAFFIC CODE
PART FIVE: GENERAL OFFENSES CODE
PART SEVEN: BUSINESS REGULATION CODE
PART NINE: STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN: PLANNING AND ZONING CODE
PART THIRTEEN: BUILDING CODE
PART FIFTEEN: FIRE PREVENTION CODE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
CHAPTER 723: SEXUALLY ORIENTED BUSINESSES
Section
   723.01   Purpose; findings and rationale
   723.02   Definitions
   723.03   License required
   723.04   Issuance of license
   723.05   Fees
   723.06   Inspection
   723.07   Expiration and renewal of license
   723.08   Suspension
   723.09   Revocation
   723.10   Hearing; license denial, suspension, revocation; appeal
   723.11   Transfer of license
   723.12   Hours of operation
   723.13   Regulations pertaining to operation of adult arcade or adult motion picture theater
   723.14   Loitering, exterior lighting and monitoring, and interior lighting requirements
   723.15   Penalties and enforcement
   723.16   Applicability of chapter to existing businesses
   723.17   Prohibited conduct
   723.18   Scienter required to prove violation or business licensee liability
   723.19   Severability
Cross-reference:
   Live sex act businesses prohibited, see § 711.04
   Sexually oriented business supplemental standards, see Chapter 1189
   Zoning districts permitted in, see §§ 1162.02(d), 1163.02(d), 1165.02(c)
§ 723.01 PURPOSE; FINDINGS AND RATIONALE.
   (a)   Purpose. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, and general welfare of the citizens of the city, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the city. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material.
   (b)   Findings and rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and Entm't Prods., Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); 84 Video Newsstand, Inc. v. Sartini, 2007 WL 3047207, Case No. 1:07-CV-3190 (N.D. Ohio, Oct. 18, 2007); 84 Video Newsstand, Inc. v. Sartini, Case No. 1:07-CV-3190, R. 356, Order Granting Defendants’ Motions for Summary Judgment (N.D. Ohio June 22, 2009); 729, Inc. v. Kenton County Fiscal Court, 515 F.3d 485 (6th Cir. 2008); Deja Vu of Nashville, Inc. v. Metropolitan Gov’t of Nashville & Davidson County, 466 F.3d 391 (6th Cir. 2006); Deja Vu of Cincinnati, L.L.C., v. Union Township Bd. of Trustees, 411 F.3d 777 (6th Cir. 2005) (en banc); DLS, Inc. v. City of Chattanooga, 107 F.3d 403 (6th Cir. 1997); Brandywine, Inc. v. City of Richmond, 359 F.3d 830 (6th Cir. 2004); Richland Bookmart v. Nichols, 137 F.3d 435 (6th Cir. 1998); Deja Vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County, 274 F.3d 377 (6th Cir. 2001); Currence v. City of Cincinnati, 28 Fed. Appx. 438 (6th Cir. Jan. 24, 2002); In re Tennessee Public Indecency Statute, 172 F.3d 873 (6th Cir. Jan. 13 1999)(table); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Bamon Corp. v. City of Dayton, 923 F.2d 470 (6th Cir. 1991); Triplett Grille, Inc. v. City of Akron, 40 F.3d 129 (6th Cir. 1994); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan’s Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben’s Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Assn. Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch. Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); U.S. v. Boston, 818 F.3d 651 (11th Cir. 2016); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion’s Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005); and based upon reports concerning secondary effects occurring in and around sexually oriented businesses, including, but not limited to, “Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD,” Journal of Urban Health (2011); “Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?” Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008: Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004: Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas -1986: Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; “Rural Hotspots: The Case of Adult Businesses,” 19 Criminal Justice Policy Review 153 (2008); “Stripclubs According to Strippers: Exposing Workplace Sexual Violence,” by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota: “Sexually Oriented Businesses: An Insider's View,” by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles: Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA); and Strip Club-Trafficking Documents, the City Council finds:
      (1)   Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, human trafficking, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.
      (2)   Each of the foregoing negative secondary effects constitutes a harm which the city has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the city’s rationale for this chapter, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the city’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the city. The city finds that the cases and documentation relied on in this chapter are reasonably believed to be relevant to said secondary effects.
   (c)   Adoption and incorporation. The city hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of sexually oriented businesses, including the judicial opinions and reports related to such secondary effects.
(Ord. 2017-67, passed 5-15-2017)
§ 723.02 DEFINITIONS.
   For purposes of this chapter, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.
   ADULT ARCADE. A commercial establishment to which the public is permitted or invited that maintains booths or rooms smaller than 100 square feet, wherein image-producing devices are regularly maintained, and where a fee is charged to access the booths or rooms or to view the images displayed on the image-producing devices.
   ADULT BOOKSTORE. A commercial establishment which, as one of its principal business activities, offers for sale or rental for any form of consideration any one or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of “specified sexual activities” or “specified anatomical areas.” A “principal business activity” exists where the commercial establishment meets any one or more of the following criteria:
      (1)   At least 35% of the establishment’s displayed merchandise consists of said items, or
      (2)   At least 35% of the establishment’s revenues derive from the sale or rental, for any form of consideration, of said items, or
      (3)   The establishment maintains at least 35% of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in “floor space” maintained for the display, sale, or rental of said items): or
      (4)   The establishment maintains at least 500 square feet of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in “floor space” maintained for the display, sale, or rental of said items); or
      (5)   The establishment regularly offers for sale or rental at least 500 of said items; or
      (6)   The establishment regularly makes said items available for sale or rental and holds itself out, in any medium, by using “adult,” “adults-only,” “XXX,” “sex,” “erotic,” “novelties,” or substantially similar language, as an establishment that caters to adult sexual interests.
   ADULT MOTION PICTURE THEATER. A commercial establishment to which the public is permitted or invited that maintains viewing rooms that are 100 square feet or larger wherein films or videos characterized by their emphasis upon “specified sexual activities” or “specified anatomical areas” are regularly shown.
   CHARACTERIZED BY. Describing the essential character or quality of an item. As applied in this chapter, no business shall be classified as a sexually oriented business by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.
   CITY. City of Mason, Ohio.
   EMPLOY, EMPLOYEE and EMPLOYMENT. These terms describe and pertain to any person who works or engages in activity for pay on the premises of a sexually oriented business, on a full time, part time, temporary, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
   ESTABLISH or ESTABLISHMENT. Any of the following:
      (1)   The opening or commencement of any sexually oriented business as a new business;
      (2)   The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business; or
      (3)   The addition of any sexually oriented business to any other existing sexually oriented business.
   FLOOR SPACE. The floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.
   HEARING OFFICER. An attorney, not an employee of the city, who is licensed to practice law in Ohio, and retained to serve as an independent tribunal to conduct hearings under this chapter.
   INFLUENTIAL INTEREST. The actual power to control or influence the operation, management, or policies of the sexually oriented business or legal entity which operates the sexually oriented business. An individual is deemed to have an INFLUENTIAL INTEREST if he or she:
      (1)   Is the on-site general manager of the sexually oriented business;
      (2)   Owns a financial interest of 30% or more of a business or of any class of voting securities of a business; or
      (3)   Holds an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the sexually oriented business.
   LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for a sexually oriented business license. In the case of an “employee,” it shall mean the person in whose name the sexually oriented business employee license has been issued.
   NUDITY or NUDE CONDUCT. The showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola. For purposes of this chapter, a “fully opaque covering” must be non-flesh colored, shall not consist of any substance that can be washed off the skin, such as paint or make-up, and shall not simulate the appearance of the anatomical area behind it.
   OPERATOR. Any person on the premises of a sexually oriented business who manages, supervises, or controls the business or a portion thereof. A person may be found to be an OPERATOR regardless of whether such person is an owner, part owner, or licensee of the business.
   PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
   PREMISES. The real property upon which the sexually oriented business is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for a sexually oriented business license.
   REGIONAL SHOPPING MALL (ENCLOSED). A group of retail and other commercial establishments that is planned, developed, and managed as a single property, with on-site parking provided around the perimeter of the shopping center, and that is generally at least fort) acres in size and flanked by two or more large “anchor” stores, such as department stores. The common walkway or “mall” is enclosed, climate-controlled and lighted, usually with an inward orientation of the stores facing the walkway.
   REGULARLY. The consistent and repeated doing of an act on an ongoing basis.
   SEMI-NUDE or SEMI-NUDITY. The showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.
   SEMI-NUDE LOUNGE. A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment that regularly offers live semi-nude conduct. No establishment shall avoid classification as a semi-nude lounge by offering nude conduct.
   SEXUAL DEVICE. Any three-dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs. Nothing in this definition shall be construed to include devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.
   SEX PARAPHERNALIA STORE. A commercial establishment where more than 100 sexual devices are regularly made available for sale or rental; or where sexual devices are regularly made available for sale or rental and the establishment regularly holds itself out, in any medium, by using “adult,” “adults-only,” “XXX,” “sex,” “erotic,” “novelties,” or substantially similar language, as an establishment that caters to adult sexual interests. This definition shall not be construed to include any establishment located within an enclosed regional shopping mall or any pharmacy or establishment primarily dedicated to providing medical products.
   SEXUALLY ORIENTED BUSINESS. An “adult arcade,” an “adult bookstore,” an “adult motion picture theater,” a “semi-nude lounge,” or a “sex paraphernalia store.”
   SPECIFIED ANATOMICAL AREAS. Any of the following:
      (1)   Less than completely and opaquely covered: human genitals, pubic region: buttock; and female breast below a point immediately above the top of the areola; and
      (2)   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
   SPECIFIED CRIMINAL ACTIVITY. Any of the following specified crimes for which less than five years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:
      (1)   Lewdness; sexual battery; rape; aggravated rape; sexual assault; aggravated sexual assault; public indecency; statutory rape; rape of a child; sexual exploitation of a minor; indecent exposure; indecency with a child; molestation of a child;
      (2)   Prostitution; patronizing prostitution; promotion of prostitution;
      (3)   Dissemination of obscenity or illegal pornography; sale, distribution or display of harmful material to a minor: sexual performance by a child: possession or distribution of child pornography;
      (4)   Distribution of a controlled substance;
      (5)   Engaging in organized criminal activity relating to a sexually oriented business;
      (6)   Any attempt, solicitation, or conspiracy to commit one of the foregoing offenses; or
      (7)   Any offense in another jurisdiction that, had the predicate act(s) been committed in Ohio, would have constituted any of the foregoing offenses.
   SPECIFIED SEXUAL ACTIVITY. Any of the following:
      (1)   Intercourse, oral copulation, masturbation or sodomy; or
      (2)   Excretory functions as a part of or in connection with any of the activities described in subsection (1) above.
   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS.  Any of the following:
      (1)   The sale, lease, or sublease of the business;
      (2)   The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or
      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
   VIEWING ROOM. The room or booth where a patron of a sexually oriented business would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video on an image-producing device.
(Ord. 2017-67, passed 5-15-2017)
§ 723.03 LICENSE REQUIRED.
   (a)   Sexually oriented business license. It shall be unlawful for any person to operate a sexually oriented business in the city without a valid sexually oriented business license.
   (b)   Employee license. It shall be unlawful for any person to be an “employee,” as defined in this chapter, of a sexually oriented business in the city without a valid sexually oriented business employee license, except that a person who is a licensee under a valid sexually oriented business license shall not be required to also obtain a sexually oriented business employee license. It shall be unlawful for any person who operates a sexually oriented business to employ a person at the establishment who does not have a valid sexually oriented business employee license.
   (c)   Application. An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the City Manager a completed application made on a form provided by the City Manager. A sexually oriented business may designate an individual with an influential interest in the business to file its application for a sexually oriented business license in person on behalf of the business. The application shall be signed as required by subsection (d) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection (c), accompanied by the appropriate licensing fee:
      (1)   The applicant’s full legal name and any other names used by the applicant in the preceding five years.
      (2)   Current business address or another mailing address for the applicant.
      (3)   Written proof of age, in the form of a driver’s license, a picture identification document containing the applicant’s date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.
      (4)   If the application is for a sexually oriented business license, the business name, location, legal description, mailing address and phone number of the sexually oriented business.
      (5)   If the application is for a sexually oriented business license, the name and business address of the statutory agent or other agent authorized to receive service of process.
      (6)   A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this chapter, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.
      (7)   A statement of whether any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
         A.   Been declared by a court of law to be a nuisance; or
         B.   Been subject to a court order of closure.
      (8)   An application for a sexually oriented business license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this chapter shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations. See §§ 723.13 and 723.17. The City Manager may waive the requirements of this subsection (c)(8) for a renewal application if the applicant adopts a legal description and a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
      (9)   The information provided pursuant to this subsection (c) shall be supplemented in writing by certified mail, return receipt requested, to the City Manager within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
   (d)   Signature. A person who seeks a sexually oriented business employee license under this section shall sign the application for a license. If a person who seeks a sexually oriented business license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks a sexually oriented business license is other than an individual, each person with an influential interest in the sexually oriented business or in a legal entity that controls the sexually oriented business shall sign the application for a license as applicant. Each applicant must be qualified under this chapter and each applicant shall be considered a licensee if a license is granted.
   (e)   The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the office of the City Manager on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by state or federal law shall be redacted prior to such disclosure.
(Ord. 2017-67, passed 5-15-2017)
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