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For purposes of this chapter, distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any sexually oriented business and any protected use as defined in this chapter shall be measured in a straight line, without regard to intervening structures, from the nearest part of the sexually oriented business to the nearest property line of the protected use.
(Ord. 12-1998. Passed 7-27-98.)
(a) Any sexually oriented business lawfully operating at the time of the enactment of this chapter that is in violation of Section 737.03 shall be deemed a non-conforming use. A non- conforming use may continue upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of thirty (30) days or more. Such non-conforming uses may not be increased, enlarged, extended or altered unless to a conforming use. Where two or more sexually oriented businesses are operating in a permissible area, the first business to have been established and continually operating is the conforming use.
(b) A sexually oriented business lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of a protected use within four hundred (400) feet of the sexually oriented business. This division does not apply to a business whose permit and/or license has expired or been revoked.
(c) Any establishment subject to the provisions of this chapter shall apply for a permit as provided under Section 737.06 within thirty (30) days of the effective date of this chapter. (Ord. 12-1998. Passed 7-27-98.)
(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 Safety/Service Director, or his/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 eighteen (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 statutory 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 subdivision (1) of this section has been convicted of a specified criminal act as defined under Section 737.02 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/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/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 draw to scale and accurate to plus or minus six inches.
(10) A current certificate and straight line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting property lines and structures and the property lines of any existing protected use within four hundred (400) feet of the proposed business. A protected use is established if it is in existence at the time the application is submitted.
(11) The application must be signed by the individual applicant, and each person who has at least a ten percent (10%) interest in the business. If a corporation is the applicant, then each person owning at least ten percent (10%) of the corporation must sign the application.
(d) Applicants are under a continuing duty to promptly update their application information. Failure to do so within thirty (30) days of the date of a change in application information shall be grounds for permit suspension.
(e) If the City Safety/Service Director learns that an applicant improperly completed the permit application, the City Safety/Service Director shall promptly notify the applicant and allow ten (10) days for correction.
(f) A $100.00 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.
(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 Safety/Service Director and his/her designees.
(j) The applicant is required to provide the City with the names of all employees required to be licensed under Section 737.16 of this Chapter. 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 $50.00 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 Section 737.09.
(Ord. 12-1998. Passed 7-27-98.)
Upon receipt of an application the City shall send photocopies of the application to all city agencies responsible for the enforcement of health, fire, building and zoning codes and laws. Each agency shall investigate the application for compliance with its respective code and approve or disapprove the application within twenty (20) days of the receipt of the application by the City. An agency shall disapprove an application if it finds that the business would be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City and the reasons(s) for disapproval must be stated.
(Ord. 12-1998. Passed 7-27-98.)
(a) An application shall be granted or denied within thirty (30) days from the date of its proper filing.
(b) Grant of application for permit:
(1) An application shall be granted unless one of the criteria of subsection (c) hereof is met.
(2) The permit shall state on its face the name of the person or persons to whom it is granted and the address of the sexually oriented business and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so it can be read at any time.
(c) Denial of application for permit:
(1) An application may be denied for any of the following reasons:
A. An applicant is under 18 years of age;
B. An applicant or an applicant's spouse is overdue on the payment of taxes, fees, fines, or penalties assessed by the City in relation to a sexually oriented business.
C. An applicant has failed to provide information as requested in the application or has supplied false information.
D. The premises to be used are not in compliance with city health, fire, and/or building codes as determined by the city agency responsible for determining such compliance.
E. The $100.00 application fee has not been paid.
F. The proposed business does not comply with the four hundred (400) feet location requirement of Section 737.03(a).
G. To grant the application would violate a statue, ordinance or court order.
H. The applicant has a permit under this chapter which has been suspended or revoked.
I. The applicant has been convicted of a specified criminal act within the time limitation of Section 737.06(c)(3).
J. The applicant knowingly employs an employee who does not have a valid license as required in Section 737.16.
(2) Applicants shall be promptly notified of an application denial and the reasons for denial.
(Ord. 12-1998. Passed 7-27-98.)
Representatives of the city enforcement agencies, including, but not limited to, the city Police Department, Fire Department, Building Department and Health Department, shall be permitted to inspect a sexually oriented business to determine compliance with their respective departments, at any time it is occupied or open for business. The failure to allow inspection is unlawful and is a misdemeanor.
(Ord. 12-1998. Passed 7-27-98.)
Each permit shall expire one year from the date of issuance and may be renewed by making an application under Section 737.06 at least thirty (30) days before the expiration date. If a renewal is denied, a new permit shall not be issued for one year from the date of denial. If the basis for denial has been corrected and at least ninety (90) days have elapsed from the date the denial became final, a new permit may be granted.
(Ord. 12-1998. Passed 7-27-98.)
A permit to operate a sexually oriented business may be suspended until the violation causing the suspension has been corrected, provided that the suspension period is not to exceed thirty (30) days, if a permittee or an employee of a permittee:
(a) Violates or is not in compliance with this chapter; or
(b) Works at the sexually oriented business while under the influence of alcohol; or
(c) Refuses to allow an inspection of the sexually oriented business in accord with this chapter; or
(d) Knowingly permits gambling on the premises of the sexually oriented business; or
(e) Fails to correct a violation of a building, fire, health or zoning code within seven days of notification of such violation; or
(f) Transfers the sexually oriented business permit to another in violation of this chapter; or
(g) Knowingly employs a person without a valid license as required in Section 737.16 of this chapter.
(Ord. 12-1998. Passed 7-27-98.)
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