(A) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the city. Operation of such a business without a permit is a misdemeanor.
(B) The City Manager, or his or her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing sexually oriented businesses. To be approved, applications must comply with all locational and zoning requirements of this chapter and the Zoning and Building Codes of the city.
(C) Applications must be made on a form provided by the city. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:
(1) If the applicant is:
(a) An individual: the individual's legal name, aliases and proof of age over 18.
(b) A partnership: the complete name, all partners names, and a copy of any partnership agreement.
(c) A corporation: its complete name; date of incorporation; names of all officers, directors and principal stockholders, name and address of its registered agent and evidence of good standing under Ohio law.
(2) The name of the sexually oriented business, if different from the applicant's and any required registration documents.
(3) Whether the applicant or any individual listed in division (C)(1) of this section has been convicted of a specified criminal act as defined under § 119.02 within either two years for misdemeanor offenses, or five years for felony offenses or two or more misdemeanor offenses, immediately preceding the application date, and, if so, the act involved and the date and place of the conviction.
(4) Whether the applicant or other listed individuals has had a sexually oriented business permit revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit was suspended, revoked, or denied.
(5) Whether the applicant or other listed individuals hold any other sexually oriented business permits and the names and locations of all other such businesses.
(6) The proposed location of the business including a legal description of the property, street address and telephone number.
(7) The applicant's business and residential addresses and telephone numbers. If the applicant has been at his, her or its current address for less than five years, then all business and residential addresses of the applicant for five years prior to the date of the application must be included. The applicant shall designate the dates he, she or it resided at each address.
(8) The applicant's driver's license number, social security number, tax identification number and recent photograph.
(9) A sketch or diagram showing the configuration and total floor space of the premises. The sketch need not be professional, but must be drawn to scale and accurate to plus or minus six inches.
(10) A current certificate and straight line drawing prepared within 30 days prior to application by a registered land surveyor depicting property lines and structures and the property lines of any existing protected uses within 200 feet of the proposed business and/or any existing establishments holding a valid liquor license within 200 feet of the proposed business. A protected use is established if it is in existence at the time the application is submitted.
(D) Applicants are under a continuing duty to promptly update their application information. Failure to do so within 30 days of the date of a change in application information shall be grounds for permit suspension.
(E) If the City Manager learns that an applicant improperly completed the permit application, the City Manager shall promptly notify the applicant and allow ten days for correction.
(F) A $100 non-refundable application fee is due at the time the applicant files an application under this section.
(G) Prior to obtaining a permit to operate a sexually oriented business, the applicant shall obtain a certification that the proposed location complies with the locational requirements of this chapter and the Zoning Code.
(H) The possession of other types of state or city permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually oriented business permit.
(I) By filing an application under this section, the applicant shall be deemed to have consented to the provisions of this chapter and to the investigation of the application by the City Manager and his designees.
(J) The applicant is required to provide the city with the names of all employees required to be licensed under § 119.16. This obligation continues even after a permit is granted or renewed.
(K) A sexually oriented business permit may be renewed annually upon written application, subject to the payment of a $30 renewal fee, and a finding that the permit holder is still in conformance with the permit requirements. This fee is in addition to the payment of an annual permit fee required under § 119.09.
(Ord. 10-1575, passed 4-6-10) Penalty, see § 110.99