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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.)
(a) A permit to operate a sexually oriented business shall be revoked upon a determination that either a permit is to be suspended for a second time within a twelve (12) month period or that a permittee or employee of a permittee:
(1) Gave false or misleading information on the permit application which enhanced the permittee's opportunity to obtain a permit; or
(2) Knowingly allowed the possession, sale or use of a controlled substance on the premises; or
(3) Knowingly allowed prostitution on the premises; or
(4) Knowingly operated the business while under permit suspension; or
(5) Has been convicted of a "specified criminal act" for which the time period required in Section 737.06(c)(3) has not elapsed; or
(6) Committed a "specified criminal act" on the permitted premises on one or more occasions within a twelve (12) month period while employed by the permit holder; or
(7) Has been convicted of tax violations for taxes or fees related to a sexually oriented business; or
(8) Allowed any act of sexual intercourse, sexual conduct or any other specified sexual activities to occur in or on the permitted premises; or
(9) Operated more than one sexually oriented business under a single roof.
(b) A permit shall be revoked for one year and a permittee shall not receive any other permits for any other sexually oriented businesses during the one year revocation period. If the basis for revocation is corrected, the applicant may be granted a new permit if at least ninety (90) days have elapsed since the date the revocation became effective.
(Ord. 12-1998. Passed 7-27-98.)
An application or permittee may seek review of a denial of an application, denial of a renewal of an application, suspension or revocation of a permit through the City Council. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek review of the administrative decision in the Hamilton County Court of Common Pleas.
(Ord. 12-1998. Passed 7-27-98.)
(a) A permittee shall not operate a sexually oriented business at any place other than the address designated in the application for permit.
(b) A permittee shall not transfer a permit to another person unless that person:
(1) Obtains an amendment to the permit upon the satisfactory completion of an application;
(2) Pays a transfer fee of twenty percent (20%) of the annual permit fee.
(c) A permit may not be transferred when the permittee has been notified that suspension or revocation proceedings have been or will be brought against the permittee.
(d) A permit shall not be transferred to another location.
(e) Any transfer attempted in violation of this section is void and will result in the revocation of the permit. (Ord. 12-1998. Passed 7-27-98.)
(a) All employees of a sexually oriented business who engage in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer are required to obtain a sexually oriented business employee license. Each applicant shall pay a permit fee of $25.00 to cover reasonable administrative costs.
(b) On a form provided by the city the applicant shall provide his or her:
(1) Name, including any "stage" names or aliases;
(2) Age, birthdate and birthplace;
(3) Current resident and business addresses and phone numbers;
(4) Height, weight, hair and eye color;
(5) State driver's license or identification number and social security number;
(6) Proof of minimum age of 18;
(7) A color photograph and fingerprints on a form provided by the Police Department;
(8) A statement detailing the license or permit history of the applicant for the previous five years including information as to whether a permit had ever been denied, revoked or suspended, the reason for such action, the date of such action, and the jurisdiction in which such action occurred; and
(9) Information as to whether the applicant has been convicted of a "specified criminal act" as defined in Section 737.02 and the date, place, jurisdiction and nature of such conviction.
(c) The application review shall be completed within ten (10) days of filing. The employee license shall be issued unless the city finds that:
(1) The applicant knowingly made a false, misleading or fraudulent statement of material fact;
(2) The applicant is under 18 years of age;
(3) The applicant has been convicted of a "specified criminal act" as defined in Section 737.02;
(4) The license is to be used in a business prohibited by this chapter or other state or local law; or
(5) The applicant has had an Employee License revoked within two years of the date of the current application.
(d) An Employee License may be renewed annually upon written application subject to the payment of a $10.00 renewal fee and a finding that the applicant is still in conformance with the application requirements.
(Ord. 12-1998. Passed 7-27-98.)
A person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business:
(a) In any manner except as provided under this chapter;
(b) Within four hundred (400) feet of any religious institution, school, boundary of a residential district, public park or other similar public property;
(c) Within four hundred (400) feet of any other sexually oriented business;
(d) In the same building as an existing sexually oriented business, or causes the substantial enlargement of any sexually oriented business;
(e) Without a valid permit as required under Section 737.06 of this chapter.
(Ord. 12-1998. Passed 7-27-98.)
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