(a) No person being the owner or operator of an adult entertainment business shall permit said business to be opened, or continue to be opened, for public patronage without first obtaining a license issued by the Director of Public Safety in accordance with the provisions of this Chapter. If a person who wishes to operate an adult entertainment business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate such a business is other than an individual, each individual who has a 20 percent or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under this section and each applicant shall be considered a licensee if a license is granted.
(b) Each owner or operator of an adult entertainment business shall pay the sum of Five Hundred Dollars ($500.00) per year for an annual license for such adult entertainment business. A license shall not be renewed if grounds exist which would justify denying the issuance of an original license.
(c) The license required herein shall not be transferable to any other person.
(d) No license shall be issued until an application, on a form approved by the City, is submitted to the Director of Public Safety, which application shall, among other things, contain the following information and be accompanied by the following documents:
(1) If the applicant is:
A. An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is eighteen years of age;
B. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
C. A corporation or a limited liability company, the corporation or company shall state its complete name, the date of its incorporation, evidence that the corporation or company is in good standing under the laws of the state of its incorporation, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered officer for service of process.
(2) If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, he or she must state:
A. The business' fictitious name, and
B. Submit proof that the fictitious name has been registered with the Secretary of State.
(3) Whether the applicant, or a person residing with the applicant, has, within ten (10) years prior to the date of the application, been convicted of a felony, or any offense involving prostitution; dissemination of obscenity; sale, distribution or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal codes of Ohio or any other state.
(4) Whether the applicant, or a person residing with the applicant, has had a previous license under this chapter, or a similar type of license from any city or county, denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an office, director or principal stockholder of a corporation that is licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation.
(5) Whether the applicant or a person residing with the applicant holds any other licenses under this chapter or other similar adult entertainment business ordinance from another city or county and, if so, the names and locations of such other licensed businesses.
(6) The proposed location where the adult entertainment business will be operated, including street address and telephone number(s), if any.
(7) A description of the adult entertainment business to be operated.
(8) The name of the owner of the real property where the adult entertainment business will be operated;
(9) The name and both resident and mailing addresses of both the applicant and the owner of the adult entertainment business, if the owner is different than the applicant;
(10) A recent photograph of the applicant(s).
(11) The applicant's driver's license number, Social Security Number, and/or his/her federal tax identification number.
(12) A sketch or diagram showing the configuration of the adult entertainment business premises, including a statement of the total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to designed scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(13) A current certificate and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structure containing the proposed adult entertainment business and the property lines of any established single family residence, church, school, or playground within 750 feet of the structure, and the property lines of any multi-family residence within 500 feet of the structure. For purposes of this Section, a use shall be considered existing or established if it is in existence at the time the application is submitted.
(Ord. 96-48. Passed 3-9-96.)