723.04 LICENSING.
(a) License Required. No person shall:
(1) Operate an Adult Entertainment Business without a valid Adult Entertainment Business License issued by the City in accordance with this chapter.
(2) In conjunction with operating an Adult Entertainment Business knowingly retain the services of an Employee who is not licensed as an Adult Entertainment Business Employee by the City in accordance with this chapter.
(3) Act as an Employee as defined in this Chapter on the premises of an Adult Entertainment Business without having first obtained an Adult Entertainment Business Employee License from the City in accordance with this chapter.
(4) Fail to display an Adult Entertainment Business License in the Licensed Premises or fail to have an Adult Entertainment Business Employee License upon their person at all times while acting as an Entertainer.
(b) License Application (Initial and Renewal).
(1) Adult entertainment business license.
A. The application shall be made upon the form prescribed by the Safety Service Director and shall be submitted to the Safety Service Director along with a non-refundable application fee of $500.00.
B. The application shall be made under oath and shall contain the following information:
1. The name, and address of the applicant;
2. If the applicant is a corporation, limited liability company, or partnership, the names, addresses and dates of birth of all shareholders, members and partners.
3. The street address of the proposed adult entertainment business.
4. A description of the type of entertainment to be provided.
5. A diagram of the interior of the building showing the location of any entrances or exits, any stages or viewing booths, and the location of any interior walls or partitions. This diagram need not be professionally rendered but must be to scale and accurate to six inches.
6. A statement of criminal convictions for any person listed in response to subsection (b)(1)B.1. or 2. hereof within the past ten years.
C. The application shall also contain a notice that the City of Norwalk has an income tax and that the applicant is responsible to ensure its compliance with the Norwalk City ordinances pertaining to the income tax.
(2) Adult entertainment business employee license.
A. The application shall be made upon the form prescribed by the Safety Service Director, along with a non-refundable application processing fee of $100.00.
B. The application shall be made under oath and shall contain the following information:
1. The applicant's name and residence address;
2. Any stage names or aliases used by the applicant;
3 The applicant's place and date of birth;
4. The applicant's social security number;
5. The name and address of each Adult Entertainment Business at which the applicant intends to work;
6. The applicant's citizenship;
7. A statement of all criminal convictions within the past ten years.
(3) At the time of application, the applicant or those individuals who are shareholders, members or partners of the applicant shall provide documentation that the applicant, or each shareholder, member or partner of the applicant has attained the age of eighteen (18) years.
Any of the following shall be accepted as documentation of age:
A. A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; or
B. A state issued identification card bearing the applicant's photograph and date of birth; or
C. An official passport issued by the United States of America; or
D. An immigration card issued by the United States of America.
(4) At the time of application, the applicant for an Adult Entertainment Business Employee License shall provide proof that they are eligible for employment in the United States of America as set forth in U. S. Department of Justice Form I-9 (Employment Eligibility Verification). The same documentation that establishes proof of employment eligibility for purposes of U. S. Department of Justice Form I-9 (Employment Eligibility Verification) shall be acceptable proof of employment eligibility for purposes of this section.
(c) Issuance of a License.
(1) Unless the application is incomplete, or is not upon the prescribed form, or the applicant is under eighteen years of age, or the applicant fails to provide documentation of age or employment eligibility, or fails to remit the appropriate filing fee, or the issuance of a license would violate the City Zoning Code or other requirement of this chapter, the Safety Service Director shall issue a license within ten (10) business days of the application's submission.
(2) Upon receipt of an application for an Adult Entertainment Business License the Safety Service Director shall notify the Chief of Police and Zoning Inspector. The Zoning Inspector and the Police Department shall conduct such investigations of the applicant and/or permit premises as they require to determine whether the information in the application is accurate and that the proposed Licensed Premises meets the standards provided in this chapter. The Police Department and the Zoning Inspector shall report their findings to the Safety Service Director. The failure of either the Police Department or the Zoning Inspector to report their findings to the Safety Service Director in time for the Safety Service Director to issue the permit is not grounds for the denial of a permit.
(3) If the Safety Service Director determines that a license should not be issued to the applicant for the reasons set forth in subsection (c)(1) hereof, then the Safety Service Director shall notify the applicant in writing by both certified mail and ordinary mail at the address shown on the application of the denial and the reason(s) for the denial.
(4) A. Within seven (7) days of the date of service of notice of the denial or revocation of a license, the applicant may appeal the decision of the Safety/Service Director to the Board of Zoning Appeals, by filing a notice of appeal of the Safety/Service Director.
B. The applicant may be represented by legal counsel at the hearing conducted by the Board of Zoning Appeals and may present testimony and exhibits at the hearing. The Rules of Evidence shall be inapplicable to the hearing conducted by the Board of Zoning Appeals.
C. The hearing shall be conducted within ten (10) days of the receipt of the notice of appeal by the Safety/Service Director.
D. The Board of Zoning Appeals may, by majority vote, sustain the revocation or denial of the license of the Safety/Service Director or reverse the decision of the Safety/Service Director and reinstate or issue the license. The decision of the Appeals Board shall be issued within five (5) business days of the hearing. The failure to issue a decision in a timely manner shall be deemed a reversal of the Safety/Service Director’s determination revoking or denying the license.
E. During the pendency of the appeal, the applicant may apply for a temporary license. The Safety/Service Director shall issue a temporary permit within three (3) business days.
F. The decision of the Board of Zoning Appeals shall be appealable to the Court of Common Pleas in the manner provided in the Ohio Revised Code.
(Ord. 2003-008. Passed 3-4-03.)
(d) Expiration and Renewal.
(1) All Licenses issued under this chapter shall expire on December 31 at 12:00 a.m. of each calendar year.
(2) All Licensees may renew his or her License by following the same procedure as a new applicant.
(e) Transfer. No transfer of a license issued pursuant to this chapter shall be permitted.
(f) Revocation. The Safety Service Director may revoke a license issued under this chapter if he determined either of the following:
(1) Any of the information contained in the application for a license is false.
(2) The Licensee has been convicted of two or more criminal violations of this chapter within one year.
(Ord. 2001-65. Passed 8-7-01.)