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(a) No person being the owner of an establishment which sells drug paraphernalia as defined in this chapter, shall sell, display or keep for sale any article of drug paraphernalia without first obtaining a license issued by the Director of Public Safety in accordance with this chapter.
(b) Each owner of an establishment selling drug paraphernalia shall pay the sum of one hundred dollars ($100.00) per year for an annual license for such establishment.
(c) The licenses required shall not be transferable to any other person.
(d) No license shall be issued until an application is submitted to the Director of Public Safety, which application shall, among other things, state:
(1) The name and address, age and birth date of the applicant;
(2) The name of the owner or owners of the premises wherein the business is operated;
(3) The name and address of the owner or owners of the business conducted therein;
(4) Whether or not the applicant or the owner of the business has been convicted under any State or Federal law relating to any controlled substance. (Ord. 81-78. Passed 6-30-81.)
(a) If the appliant for a license has filed the proper application and has paid the proper fee as specified in Section 753.07, and the Director of Public Safety is satisfied that all information requested is properly given and that after inspection by the Building Department that all requirements of the Building Code have been met, then a license shall be issued.
(b) The license shall be displayed in a prominent place in the business establishment.
(c) For the purposes of this chapter, all licenses shall terminate on December 31 of each calendar year and there shall be no prorating of fees.
(Ord. 81-78. Passed 6-30-81.)
(a) Every licensee must keep a record of every item of drug paraphernalia, as that term is defined in Section 753.04, which is sold, and this record shall be open to the inspection of the Director of Public Safety, the Chief of Police and any police officer of the City at any time during the licensee's hours of business. Such record shall contain the name and address of the purchaser and the proper identification required at the time of purchase; the name and quantity of the item of drug paraphernalia; the date and time of the sale; and the signature of the licensee or the licensee's agent. Such record shall be retained by the licensee for a period of not less than two years.
(b) No permit holder, his agent or employee, may be found guilty of a violation of any section of this chapter in which age is an element of the offense, if the City or any court of record determines that the person buying, at the time of so doing, exhibited to the permit holder, his agent or employee, an operator's or chauffeur's license, or an identification card issued to adults not licensed to operate motor vehicles, under Ohio R.C. 4507.50, showing that such person was then of legal age to buy drug paraphernalia and if such permit holder, his agent or employee made a bona fide effort to ascertain the true age of the person buying by checking the identification presented at the time of the purchase, to ascertain that the description on the identification compared with the visual description of the buyer and that the identification presented had not been altered in any way and if the permit holder, his agent or employee had reason to believe that the person buying was of legal age.
(Ord. 82-87. Passed 12-7-82.)
The Director of Public Safety may suspend or revoke any license issued pursuant to this chapter for the direct or indirect violation of any of the provisions hereof. In the event that the Director of Public Safety suspends or revokes any license, the owner may within ten days appeal such suspension or revocation to the Mayor. If the Mayor upholds such suspension or revocation, the owner may appeal to a Board of Review within ten days from the Mayor's decision, consisting of one member of Council, the Director of the Department of Community Life Services and the Director of Law. The decision of the Board of Review shall be final.
(Ord. 81-78. Passed 6-30-81.)
Any owner of an establishment which sells drug paraphernalia, as defined in Section 753.04, who violates any provision of this chapter shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) for the first offense and succeeding offenses during the same calendar year, and each day that such violation shall continue shall be a separate and distinct offense. Further, any such violation of this chapter shall be grounds for the revocation or nonrenewal of any license, permit or other entitlement previously issued to the owner by the City to engage in such business, and shall also be grounds for the denial of any future application for any such license, permit or other entitlement to engage in such business or any other business which includes the sale of drug paraphernalia.
(Ord. 82-87. Passed 12-7-82.)