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Montgomery, Ohio Code of Ordinances
CITY OF MONTGOMERY, OHIO CODE OF ORDINANCES
DIRECTORY OF OFFICIALS (2023)
ADOPTING ORDINANCE
CHARTER TABLE OF CONTENTS
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS AND PROPERTIES
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
CHAPTER 150.01: TITLE, PURPOSE AND APPLICATION
CHAPTER 150.02: GENERAL PROVISIONS
CHAPTER 150.03: DEFINITIONS
CHAPTER 150.10: ADMINISTRATIVE POWERS AND DUTIES
CHAPTER 150.12: PROCEDURES FOR ZONING CERTIFICATES, CERTIFICATES OF APPROVAL, AND CERTIFICATES OF OCCUPANCY
CHAPTER 150.14: ADMINISTRATIVE PROCEDURES FOR DEVELOPMENT PLAN REVIEW
CHAPTER 150.16: CONDITIONAL USE PERMITS AND SIMILAR USES
CHAPTER 150.18: REGULATIONS FOR LANDMARK PROPERTIES
CHAPTER 150.20: ADMINISTRATIVE PROCEDURES FOR APPEALS AND VARIANCES
CHAPTER 150.22: ZONING AMENDMENTS
CHAPTER 150.30: ENFORCEMENT AND PENALTIES
CHAPTER 151.01: ESTABLISHMENT OF DISTRICTS AND MAP
CHAPTER 151.10: RESIDENTIAL DISTRICT REGULATIONS
CHAPTER 151.12: BUSINESS DISTRICT REGULATIONS
CHAPTER 151.13: PLANNED UNIT DEVELOPMENTS AND INTERIM DEVELOPMENT CONTROL DISTRICTS
CHAPTER 151.14: HERITAGE OVERLAY DISTRICT REGULATIONS
CHAPTER 151.15: OLD MONTGOMERY GATEWAY DISTRICT REGULATIONS
CHAPTER 151.16: HOSPITAL CORRIDOR OVERLAY DISTRICT REGULATIONS (HOS)
CHAPTER 151.18: SEXUALLY ORIENTED BUSINESSES
CHAPTER 151.20: CONDITIONAL USE REGULATIONS
CHAPTER 151.30: SIGN REGULATIONS
CHAPTER 151.32: OFF-STREET PARKING AND LOADING REGULATIONS
CHAPTER 151.34: LANDSCAPING AND SCREENING REGULATIONS
CHAPTER 151.36: REGULATIONS FOR WIRELESS TELECOMMUNICATION FACILITIES
CHAPTER 151.50: NONCONFORMING USE REGULATIONS
CHAPTER 152: BUILDING CODE
CHAPTER 153: LAND USE FEES
CHAPTER 154: WATER MANAGEMENT, SEDIMENT CONTROL AND FLOOD DAMAGE PREVENTION
CHAPTER 155: RENEWAL AND REDEVELOPMENT
CHAPTER 156.01: SUBDIVISION REGULATIONS: INTRODUCTION AND GENERAL INTERPRETATION
CHAPTER 156.02: SUBDIVISION REGULATIONS: REQUIREMENTS FOR SUBDIVISION APPROVAL
CHAPTER 157: FLOOD DAMAGE PREVENTION
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 151.182 ZONING REGULATIONS.
   (A)   Sexually oriented businesses may only be established in the General Business District and shall be subject to all further restrictions of this chapter. No person shall establish a sexually oriented business within 750 feet of another such business or within 750 feet of a property used for residential purposes, a school, a daycare, or a church.
   (B)   For purchases of this chapter, distance between any two sexually oriented businesses or between any sexually oriented business and any protected use shall be measured in a straight line without regard to intervening structures from the nearest part of the structure containing a sexually oriented business to the nearest property line of the protected use. Protected uses are residential uses, schools, daycares and churches.
(Ord. 2-2017, passed 1-4-17)
§ 151.183 LICENSE REQUIRED.
   (A)   No person shall:
      (1)   Operate a sexually oriented business as defined by § 151.181(K) without a valid sexually oriented business license issued by the city pursuant to this chapter.
      (2)   In connection with operating a sexually oriented business, retain the services of a person as an employee, as defined in this chapter, who is not licensed as a sexually oriented business employee by the city pursuant to this chapter.
   (B)   Any person who violates division (A)(1) above shall be guilty of a misdemeanor of the third degree for a first offense, and a misdemeanor of the first degree for any second or subsequent offense.
   (C)   A violation of division (A)(2) above shall be a ground for the suspension of a sexually oriented business license as provided for in § 151.189 of this chapter.
   (D)   No person shall act as an employee, as defined in this chapter, on the premises of a sexually oriented business without having secured a sexually oriented business employee license (“employee license”) pursuant to this chapter.
   (E)   A violation of division (D) above shall be a ground for the suspension of a sexually oriented business employee license as provided for in § 151.189 of this chapter.
(Ord. 2-2017, passed 1-4-17)
§ 151.184 APPLICATION FOR LICENSE.
   (A)   An original or renewal application for a sexually oriented business license shall be submitted to the Community Development Director or its designee on a form provided by the Community Development Director. The city’s application may require and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the city to determine whether the applicant meets the qualifications established in this chapter.
   (B)   A filing fee shall be paid at the time of filing the application in the amount of $500.
   (C)   An application for a sexually oriented business license shall identify and be signed by the following persons:
      (1)   If the business entity is owned by an individual, that individual.
      (2)   If the business entity is owned by a corporation, each officer or director of the corporation, any individual owning or controlling more than 50% of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed sexually oriented business.
      (3)   If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, who will be principally responsible for the operation of the proposed sexually oriented business.
   (D)   An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.
   (E)   An application for a sexually oriented business license shall be completed according to the instructions on the application form, which shall require the following:
      (1)   If the applicant is:
         (a)   An individual, state the legal name and any aliases of such individual; or
         (b)   A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or
limited, and provide a copy of the partnership agreement, if any; or
         (c)   A joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, state the complete name of the organization and provide a copy of the legal document establishing the organization, if any; or
         (d)   A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacities of all officers and directors, the name of the registered corporate agent for the State of Ohio, and the address of the registered office within the State of Ohio for service of process.
      (2)   If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
      (3)   State whether any applicant has been convicted of a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
      (4)   State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including 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; and state whether the applicant has been a partner in a partnership or an officer, or 50% or greater owner of a corporation licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
      (5)   State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
      (6)   State the location of the proposed sexually oriented business, including a legal description of the property (i.e., permanent parcel number), street address, and telephone number(s), if any.
      (7)   State the mailing address and residential address of each applicant and each person signing the application.
      (8)   Submit a recent photograph of each applicant who is a natural person, taken by the Montgomery Police Department that clearly shows the applicant’s face.
      (9)   Submit the fingerprints of each applicant who is a natural person, recorded by the Montgomery Police Department.
      (10)   For any applicant who is a natural person, describe and identify the location of any tattoos on such person’s face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.
      (11)   State the driver’s license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant’s federally issued tax identification number.
      (12)   Submit proof that each applicant who is a natural person is at least 18 years old.
      (13)   Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. 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 six inches.
      (14)   The above-required disclosures facilitate the police investigation into the applicant’s criminal background regarding crimes of a sexual nature so that the city can determine whether the chapter’s civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with the chapter’s licensing and permitting requirements.
      (15)   The information gathered pursuant to the above provisions constitute protected private information and are exempt from Ohio’s Public Records Act in accordance with the decision of the Sixth Circuit Court of Appeals in DejaVu of Cincinnati v. Union Township (6th Cir. 2005), 411 F.3d 777.
(Ord. 2-2017, passed 1-4-17)
§ 151.185 ISSUANCE OF A LICENSE.
   (A)   Upon receipt of an application for a sexually oriented business license, the Community Development Department shall promptly request that the Montgomery Police Department review the information provided in the application concerning the criminal background of the applicant(s) and that the Montgomery Police Department shall transmit the results of its investigation in writing to the Community Development Department within five days of the completion of its investigation.
   (B)   Within five days of receipt of an application for a sexually oriented business, the Community Development Department shall notify the City Fire Chief and the Hamilton County Health Commissioner of such application. In making such notification, the Community Development Department shall request that the Fire Chief and Health Commissioner promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.
   (C)   The Fire Chief shall provide to the Community Development Department a written certification of whether the premises are in compliance with the City Fire Code within ten days of receipt of notice of the application.
   (D)   The Community Development Department, or its designee, shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of the application, and shall complete, within ten days after receipt of the application, a written certification of whether the premises are in compliance with the City Zoning Ordinance, the City Building Code, and the provisions of this chapter related to physical characteristics of the premises, and whether the city has received notice from any state or county agency of the premises being in violation of any applicable state building or property codes.
   (E)   Within 21 days after receipt of a completed sexually oriented business license application, the Community Development Department shall approve or deny the issuance of a license. The Community Development Department shall approve the issuance of a license to an applicant unless he/she determines that one or more of the following findings is true:
      (1)   An applicant who is a natural person is under 18 years of age.
      (2)   An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose its Social Security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, § 7(a)(1).
      (3)   An applicant has, within the preceding 12 months, been denied a sexually oriented business license by any jurisdiction or has had a license to operate a sexually oriented business revoked by any jurisdiction.
      (4)   An applicant has been convicted of a specified criminal activity as defined in this chapter.
      (5)   The proposed sexually oriented business would violate or fail to be in compliance with any provisions of this chapter, the City Zoning Ordinance, the City Building Code, or state statute or regulation.
      (6)   The application and investigation fee required by this chapter has not been paid.
      (7)   An applicant is in violation of, or not in compliance with any provision of this chapter, except as provided in division (F) of this section.
   (F)   If the Community Development Department determines that one or both of the following findings is true, the license issued pursuant to this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:
      (1)   The results of inspections of the premises by the Fire Chief or its designee or the Health Commissioner or its designee indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions.
      (2)   An applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
   (G)   A sexually oriented business license shall state on its face the name of the applicant, the expiration date, and the address of the licensed sexually oriented business. All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
   (H)   The Community Development Department or its designee shall advise the applicant in writing within three days of the Community Development Department’s decision of the reasons for any license denial. If the city finds, subsequent to denial, that the basis for the denial of the license has been corrected or abated, the applicant may reapply.
   (I)   Before an approved sexually oriented business license shall be issued, the applicant shall pay a one year license fee of $500.
(Ord. 2-2017, passed 1-4-17)
§ 151.186 EMPLOYEE LICENSE APPLICATION.
   (A)   An application for an employee license shall be submitted to the Community Development Department on a form provided by the Community Development Department. The application may request, and the applicant shall provide, such information as reasonably necessary (including fingerprints) to enable the city to determine whether the applicant meets the qualifications established in this chapter.
   (B)   A filing fee shall be paid at the time of the application in the amount of $25.
   (C)   An application for an employee license shall be completed according to the instructions of the application form, which shall require the following:
      (1)   State the applicant’s name and any other names (including “stage” names) or aliases used by the applicant.
      (2)   State the applicant’s date and place of birth.
      (3)   State the applicant’s height, weight, and hair and eye color.
      (4)   Submit a recent photograph of the applicant, taken by the Montgomery Police Department, which clearly shows the applicant’s face.
      (5)   Submit the applicant’s fingerprints, recorded by the Montgomery Police Department.
      (6)   Describe and identify the location of any tattoos on the applicant’s face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.
      (7)   State the applicant’s present residence address and telephone number.
      (8)   State the applicant’s present or intended business address and telephone number.
      (9)   State the applicant’s driver’s license number and Social Security number.
      (10)   Submit proof that the applicant is at least 18 years old.
      (11)   Provide a statement detailing the sexually oriented business-related license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business, in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business-related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation, or suspension.
      (12)   State whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.
      (13)   The above-required disclosures facilitate the police investigation into the applicant’s criminal background regarding crimes of a sexual nature so that the city can determine whether the chapter’s civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with the chapter’s licensing and permitting requirements.
      (14)   The information gathered pursuant to the above provisions constitutes protected private information and is exempt from Ohio’s Public Records Act in accordance with the decision of the Sixth Circuit Court of Appeals in DejaVu of Cincinnati v. Union Township (6th Cir. 2005), 411 F.3d 777.
(Ord. 2-2017, passed 1-4-17)
§ 151.187 ISSUANCE OF SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE.
   (A)   Upon the filing of a completed application for an employee license, the Community Development Department shall issue a license to said applicant immediately.
   (B)   Within five days of receipt of a completed application for an employee license, the Community Development Department shall request that the Montgomery Police Department initiate an investigation of the information provided in the application concerning the criminal background of the applicant. The Montgomery Police Department shall document the results of its investigation in writing within five days of the completion of its investigation and transmit this writing to the Community Development Department or its designee.
   (C)   Within ten days after completion of the criminal background investigation of the applicant, the Community Development Department shall either affirm the prior issuance of the license or revoke the license. The Community Development Department shall affirm the prior issuance of a license to an applicant unless he/she determines that one or more of the following findings are true:
      (1)   The applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose its social security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, § 7(a)(1).
      (2)   The applicant is under 18 years of age.
      (3)   The applicant has been convicted of a specified criminal activity as defined in this chapter.
      (4)   The employee license is to be used for employment in a business prohibited by local, state, or federal law, statute, rule or regulation.
      (5)   The applicant has, within the preceding 12 months, been denied an employee license by any jurisdiction or has had an employee license revoked by any jurisdiction.
   (D)   If the employee license is revoked, the Community Development Department shall advise the applicant in writing within three days of the reason(s) for any such revocation.
   (E)   Before an approved sexually oriented business employee license shall be issued, an approved applicant shall pay a license fee of $25.
(Ord. 2-2017, passed 1-4-17)
§ 151.188 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 90 days and no less than 21 days before the expiration date. If application is made less than 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 Community Development Department on a form provided by the Community Development 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 Community Development 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 Community Development Department shall advise the applicant in writing within three 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 Community Development Department on a form provided by the Community Development 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.
   (G)   An approved sexually oriented business licensee shall pay an annual renewal license fee of $500 before a license shall be issued. An approved sexually oriented business employee licensee shall pay an annual license fee of $25 before a renewal license shall be issued.
(Ord. 2-2017, passed 1-4-17)
§ 151.189 SUSPENSION.
   (A)   The city shall suspend a sexually oriented business license for a period not to exceed 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 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 § 151.185(B) and (D) of this chapter or any other reasonable inspection.
   (C)   The city shall suspend an employee license for a period not to exceed 30 days if it determines that a licensee has violated or is not in compliance with any section of this chapter.
   (D)   The Community Development Department shall advise the licensee in writing within three days of the reason(s) for any suspension.
(Ord. 2-2017, passed 1-4-17)
§ 151.1810 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 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 criminal 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 city, 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 Community Development Department shall advise the licensee in writing within three days of the reason(s) for any revocation.
   (E)   When the city revokes a license pursuant to divisions (A), (B)(3) through (B)(7), (C)(2) or (C)(3) above, the licensee shall not be issued another license for one year from the date the revocation became effective.
   (F)   When the city revokes a license pursuant to divisions (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 30 days have elapsed since the date the revocation became effective.
(Ord. 2-2017, passed 1-4-17)
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