(A) An application for a sexually oriented business license, whether original or renewal, must be made by each operator or operators of the sexually oriented business on a form provided by the City. The application must be submitted to the City Clerk and shall be marked by the City Clerk with the date and time of receipt. The application shall be subject to approval or denial by the Building and Zoning Official of the City. The application form shall request and the applicant shall be required to provide information described within subparagraph (B) herein. The application form, upon filing with the City Clerk must be accompanied by the application fee and by each of the following described diagrams or drawings:
(1) a drawing showing the internal and external configuration of the premises, including all doors, entrances, exits, and the fixed structural internal features of the premises, plus the interior rooms, walls, partitions, stages, performance areas, hallways, restrooms, dressing rooms, and other rooms and showing each designated area where a patron(s) is not permitted access; and also a diagram or drawing which includes the information needed to determine off-street parking and lighting requirements set out within § 117.22. The drawings or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions to an accuracy of plus or minus six inches.
(2) a current certificate and straight line drawing prepared within thirty days prior to the application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented businesses within 800 feet of the premises to be certified and any premises licensed under Chapter 111 of the Revised Code within 800 feet of the premises to be certified and any premises licensed under Chapter 116 of the Revised Code within 800 feet of the premises to be certified; and the property lines of any established business or use described within § 117.04(B) within 400 feet of the premises to be certified. For purposes of this subparagraph (A)(2), a use shall be considered existing or established if it is in existence at the time an application is filed with the City Clerk.
(B) The application for a sexually oriented business license and the applicant shall be required to provide the following information:
(1) The name and current mailing address of the applicant(s);
(2) Written proof of age in the form of a birth certificate or picture identification issued by a governmental agency of person signing application;
(3) The single classification of license as found in § 117.03 for which the applicant is filing;
(4) The street address and legal description of the tract of land on which the establishment is to be located;
(5) If an applicant wishes to operate a sexually oriented business which shall exhibit on the premises, in a viewing room of less than 150 square feet of floor space, films, videocassettes or other video reproductions which depict specified sexual activities or specified anatomical areas then the applicant (adult store) shall comply with the additional application requirements set forth in § 117.24.
(6) An affirmative statement that the applicant(s) within the preceding 12-months has not had any license issued under § 117.15 revoked.
(C) In the event that the sexually oriented business premises has not been constructed or reconstructed to accommodate the proposed sexually oriented business at the time the application is filed with the City Clerk, the Building Official shall base his approval or denial of the license upon the diagrams or drawings submitted pursuant to Subsection (A) and (B). Subject to § 117.05, any sexually oriented business license issued prior to completion of the construction or reconstruction necessary to accommodate the sexually oriented business shall be subject to the condition that the sexually oriented business shall not open for business until the licensed premises is in strict compliance with the diagrams submitted with the application. Prior to the sexually oriented business opening for business the licensee shall make a request in writing to the City Clerk for an inspection and determination that the premises is in compliance with the diagrams. An inspection and determination by the Building Official and written notice of the determination to licensee shall be completed within ten business days of the filing of the written request with the City Clerk. Upon filing of the written request by licensee with the City Clerk, the sexually oriented business may immediately open for business but the license shall be subject to revocation if the premises is not in strict compliance with the diagrams submitted by licensee with his application.
(D) (1) The applicant has an affirmative duty to supplement an application with information received subsequent to the date that the application is filed with the City.
(2) None of the items set forth within subparagraph (A) and (B) herein, except the name and current address of the applicant(s) shall be required for a renewal application if the applicant states in writing under oath that the documents and information previously furnished to the City with the original application or previous renewals thereof remain correct and current.
(E) The approval or use of the diagrams or drawings required pursuant to this § 117.07 shall not be deemed to be, and shall not be interpreted or construed to constitute, any other City approval otherwise required pursuant to other applicable City ordinances and/or State law.
(Prior Code, Art. 11, § 11.15.7)