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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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§ 151.189 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)
§ 151.1811 APPEAL RIGHTS.
   (A)   Any denial, suspension, or revocation of a license under this chapter may be appealed to the City Council by written notice within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the City Council must hold a hearing on the appeal within 21 days and must issue a decision affirming or reversing the denial, suspension, or revocation within five 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 Council 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 Council denies, suspends, or revokes a new or renewal license under this chapter, or any action taken on an appeal that is provided by this chapter, the applicant may pursue an appeal to Hamilton County Court of Common Pleas pursuant to R.C. Chapter 2506. The failure of the City Council to render a decision on the application within the time prescribed in division (A) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to Hamilton County Court of Common Pleas pursuant to R.C. Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z. J. Gifts D-4 (2004), 541 U.S. 774.
   (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 Council of a decision rendered under this chapter and during the entire time required for the Court of Common Pleas to rule on the appeal pursuant to division (B) above.
   (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 Council of a decision rendered under this chapter and during the entire time required for the Court of Common Pleas to rule on the appeal pursuant to division (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 30 days before the expiration date of any license, the licensee may file a renewal license application with the Community Development 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 division (B) above, 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 division (B) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 2-2017, passed 1-4-17)
§ 151.1812 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 Community Development Department within 15 days of such transfer.
(Ord. 2-2017, passed 1-4-17)
§ 151.1813 ADDITIONAL REGULATIONS. CONCERNING THE OPERATION OF A SEXUALLY ORIENTED BUSINESS.
   (A)   Sexual activity, live entertainment and performances.
      (1)   No person shall, in a sexually oriented business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
      (2)   Any employee appearing on the premises of a sexually oriented business in a state of semi-nudity, as defined by this chapter, must be on a stage that is at least 24 inches from the floor, and at a distance at least 36 inches from all parts of a clearly designated area in which patrons will be present.
      (3)   All live entertainment and performances in a sexually oriented business must take place on a stage that is at least 24 inches from the floor and a distance of at least 36 inches from all parts of a clearly designated area in which patrons will be present.
      (4)   The interior of the premises shall be configured in such a manner that there is a an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. If the premises has two or more operator’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator’s stations. It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator’s station at all times that any patron is on the portion of the premises monitored by the operator station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
      (5)   No employee shall knowingly or intentionally, in a sexually oriented business, appear within view of any patron in a nude or semi-nude condition unless the employee, while nude or semi-nude, shall be and remain at least six feet from all patrons.
      (6)   Employees in a sexually oriented business shall maintain a minimum distance of five feet from areas on the business premises occupied by patrons for a minimum of 20 minutes after the employee appears in a nude or semi-nude condition within view of any patron. This regulation is not intended to prohibit ingress or egress from the premises. It is intended to control illicit sexual contact and reduce the incidents of prostitution occurring in the establishments.
      (7)   No patron who is not a member of the employee’s immediate family shall knowingly touch an employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or semi-nude.
      (8)   No employee who regularly appears nude or seminude on the premises of a sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or the clothing of a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or allow the patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family to touch the employee or the clothing of the employee.
      (9)   The provisions of divisions (A)(1) through (A)(8) above shall not apply to an employee’s use of any restroom or any single-sex dressing room that is accessible only to employees.
      (10)   In addition, divisions (A)(1) through (A)(8) shall not apply to live performances in which the patron and employee are separated by an impenetrable barrier such as, but not limited too, glass or Plexiglas.
   (B)   Minors prohibited. No person under the age of 18 years shall be permitted on the premises of a sexually oriented business.
   (C)   Hours of operation. No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to R.C. Chapter 4303 may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented business activity in which the performers appear nude.
(Ord. 2-2017, passed 1-4-17)
Editor’s Note:
   The following court cases and state provisions may apply to § 151.1813:
   Sensations, Inc. v. City of Grand Rapids, Michigan Decency Action Council (6th Cir. 2008), 526 F.3d 291
   Sensations, Inc. v. City of Grand Rapids, Michigan Decency Action Council (6th Cir. 2008), 526 F.3d 291
   729, Inc. v. Kenton County Fiscal Court (6th Cir. 2008), 515 F.3d 485
   R.C. § 2907.40(B), (C)(1) and (C)(2)