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(a) The Chief of Police shall revoke a license if a cause of suspension in Section 731.09 occurs and the license has been suspended within the preceding twelve (12) months.
(b) The Chief of Police shall revoke a license if he determines that:
(1) A licensee gave false or misleading information in the material submitted to the Chief of Police during the application process;
(2) A licensee or an employee of licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(3) A licensee or an employee of licensee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee of licensee knowingly operated the sexually- oriented business during a period of time when the licensee's license was suspended;
(6) On two or more occasions within a twelve (12) month period, a person or persons committed an offense occurring in or on the license premises of a crime listed in Section 731.05 for which a conviction has been obtained, and the person or persons were employees of the Adult Businesses at the time the offenses were committed;
(7) A licensee or an employee of licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the licensed premises; or
(8) A licensee is delinquent in payment to the Village for hotel occupancy taxes, income taxes, or any other taxes or assessments which the Village imposes, or sales taxes related to the sexually oriented business.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) Subsection (b)(7) above does not apply to adult motels as a ground for revoking the license unless the licensee or employee of licensee knowingly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in a public place or within public view.
(e) When the Chief of Police revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an Adult Business license for one (1) year from the date revocation became effective. If, subsequent to revocation, the Chief of Police finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective. If the license was revoked under subsection (b)(5) an applicant may not be granted another license until the appropriate number of years required under Section 731.05 have elapsed.
(Ord. 20-06. Passed 6-4-20.)
(a) If the Chief of Police denies the issuance of a license, or suspends or revokes a license, the Chief of Police shall send to the applicant, or licensee, by certified mail, return receipt requested, written notification of the denial, suspension, or revocation, the licensee whose application for a license has been denied or whose license has been suspended or revoked shall have the right to appeal to the Mayor of the Village.
(b) A request for appeal must be filed in writing within thirty (30) days after the receipt of notice of the decision of the Chief of Police and a copy of such written request shall be delivered to the Mayor. A request for appeal shall specify an address to which notices to such person are to be sent.
(c) Upon receipt of such request, the Mayor shall set a time and place for such hearing and shall cause notice thereof to be given to such person by delivering such notice to him or her personally, by leaving a copy thereof at the address contained in the request for the hearing, or by certified mail sent to such address not less than five (5) days prior to the hearing. The notice shall advise the appellant that the appellant shall bear the burden of proof, that evidence and testimony will be heard, that the appellant may call witnesses and cross examine witnesses against the appellant, and that the Mayor may subpoena any person who the appellant reasonably believes can provide competent testimony or evidence on the matter. A copy of such notice, specifying the purpose of the hearing and the time and place thereof at which all interested persons shall be heard, shall also be posted in the Village Hall. Such notice may also be published in one or more newspaper of general circulation in the Village.
(d) Such hearing shall be conducted by the Mayor and shall be conducted in the manner described in the notice. Not more than ten (10) days after conclusion of such hearing, the Mayor shall issue an order confirming, modifying or rescinding the order issued by the Police Chief. Any such order shall be a final order, within the meaning of Ohio R.C. 2506.01, upon the filing of a copy thereof with the Fiscal Officer. A copy of such order shall be served as soon as possible in the manner specified in subsection (a) hereof upon the person requesting the hearing.
(Ord. 20-06. Passed 6-4-20.)
(a) A person commits an offense if he operates or causes to be operated an Adult Business within one thousand feet (1,000') of:
(1) A church;
(2) A public or private elementary or secondary school;
(3) A boundary of a residential, multi-family or historical district as defined in the Codified Ordinances;
(4) A public park; or
(5) The property line of a lot devoted to a residential or multi-family use as defined in the Codified Ordinances.
(b) A person commits an offense if he causes or permits the operation, establishment, substantial enlargement, or transfer of ownership or control of an Adult Business within one thousand feet (1,000') of another Adult Business. A person commits an offense if he causes or permits the operation, establishment, or maintenance of more than one Adult Business in the same building, structure, or portion thereof, or the increase of floor area of any Adult Business in any building, structure, or portion thereof containing another Adult Businesses in any building, structure, or portion thereof containing another Adult Businesses.
(c) For the purposes of subsection (a), measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an Adult Business is conducted, to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of any affected public park, residential district, or residential lot.
(d) For purposes of subsection (b), the distance between any two Adult Businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(e) Any Adult Business lawfully operating prior to the date of the enactment of this Chapter, that is in violation of subsections (a), (b) or (c), shall be deemed a nonconforming use. The nonconforming use will be permitted to continue for a period not to exceed five (5) years, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more Adult Businesses are within one thousand feet (1,000') of one another and otherwise in a permissible location, the Adult Business which was first established and continually operating at a particular location is the conforming use and the later established business(es) is/are nonconforming.
(f) An Adult Business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the Adult Business license, of a church, public or private elementary or secondary school, public park, residential district, or residential lot within one thousand feet (1,000') of the Adult Business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or has been revoked.
(Ord. 20-06. Passed 6-4-20.)
(a) An escort agency shall not employ any persons under the age of eighteen (18) years.
(b) A person commits an offense if he or she acts as an escort or agrees to act as an escort for any person under the age of eighteen (18) years.
(Ord. 20-06. Passed 6-4-20.)
(a) Any nude model studio shall not employ any person under the age of eighteen {18) years.
(b) A person under the age of eighteen (18) years commits an offense if he or she appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under the age of eighteen (18) years was in a restroom not open to public view or persons of the opposite sex.
(c) A person commits an offense if he or she appears in a state of nudity or knowingly allows another to appear in a state of nudity in an area of a nude model studio premises which can be viewed from the public right-of-way.
(d) A nude model studio shall not place or permit a bed, sofa or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
(Ord. 20-06. Passed 6-4-20.)
(a) A person commits an offense if he or she knowingly allows a person under the age of eighteen (18) years to appear in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(b) A person under the age of eighteen (18) years commits an offense if he or she knowingly appears in a state of nudity in or on the premises of an adult theater or adult motion picture theater.
(c) It is a defense to prosecution under subsections (a) and (b) if the person under the age of eighteen (18) years was in a restroom not open to public view or persons of the opposite sex. (Ord. 20-06. Passed 6-4-20.)
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