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(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.)
A person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business and knowingly or with reasonable cause to know, permits, suffers or allows:
(a) A person under 18 years of age to be admitted, remain or purchase goods or services at the business premises without the specific consent of a parent or guardian; or
(b) A person under 18 years of age to be employed at the premises.
(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 and:
(a) Advertises the presentation of any activity prohibited by this chapter or other state or local regulation; or
(b) Displays or exhibits the materials and performances in advertising which is visible outside the premises except for advertising showing the existence or location of a sexually oriented business; or
(c) Allows any portion of the interior premises to be visible from outside the establishment; or
(d) Fails to illuminate the premise entries and off-street parking areas from dusk until closing with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways.
(e) Nothing in this section relieves the permittee from compliance with any other provision of the Codified Ordinances of North College Hill, Ohio.
(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 and allows the business to remain open, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of 12:00 midnight and 9:00 a.m. of any particular day. Any employee who engages in the above activity also commits a misdemeanor.
(Ord. 12-1998. Passed 7-27-98.)
Public nudity, as defined under Section 737.02 of this chapter and Ohio Revised Code Section 2907.01(H) is prohibited in sexually oriented businesses. Any sexually oriented business which is found in violation of this section shall have its permit suspended pursuant to the provisions of Section 737.12.
(Ord. 12-1998. Passed 7-27-98.)
In addition to the criminal penalties found in other sections of this chapter, it shall be unlawful and a person commits a misdemeanor if the person operates or causes to be operated a sexually oriented business and knows or should know that the business does not have a sexually oriented business permit or has a permit which has expired or which has been suspended or revoked.
(Ord. 12-1998. Passed 7-27-98.)
(a) It is a defense to prosecution for violation of this chapter that a person appearing in a state of nudity did so in a modeling class operated:
(1) By a college, junior college, or university supported in whole or in part by taxation;
(2) By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or
(3) In a structure:
A. Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and
B. Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
C. Where no more than one nude model is permitted at a time.
(b) It is a defense to prosecution for violation of this chapter that an employee of a sexually oriented business exposed any "specified anatomical area" during the bona fide use of a restroom or dressing room accessible only to employees.
(Ord. 12-1998. Passed 7-27-98.)
(a) In addition to any applicable penalties under state or county law, any person convicted of a criminal offense under this chapter shall be guilty of a misdemeanor and be punished by a fine not to exceed $500.00 or by imprisonment not to exceed sixty (60) days, or both. Each violation or non-compliance shall be considered as a separate offense as will each day of continued violation or non-compliance.
(b) The City may take any such lawful action to prevent or remedy any violation or noncompliance including, but not limited to, an equitable action for injunctive relief or an action at law for damages.
(Ord. 12-1998. Passed 7-27-98.)
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