PART SEVEN - BUSINESS REGULATION CODE
            Chap. 701.  Adult Entertainment Businesses.
            Chap. 703.  Amusement Places with Music.
            Chap. 707.  Apartment Houses. (Repealed)
            Chap. 709.  Pet Shops.
            Chap. 711.  Barber Shops.
            Chap. 715.  Billiards, Pool and Bowling.
            Chap. 717.  Cable Television Regulations.
            Chap. 718.  Concessions, Carnivals, and Fairs.
            Chap. 719.  Clinics and Hospitals.
            Chap. 721.  Coin-Operated Machines.
            Chap. 723.  Dance Halls, Public.
            Chap. 727.  Exterminating and Fumigating.
            Chap. 731.  Food Establishments.
            Chap. 733.  Fortunetelling and Clairvoyancy.
            Chap. 735.  Frozen Desserts. (Repealed)
            Chap. 737.  Garbage and Rubbish Collection.
            Chap. 738.  Itinerant Vendors and Temporary Stores.
            Chap. 739.  Junk Dealers, Pawnbrokers, and Secondhand Dealers.
            Chap. 741.  Labor Relations.
            Chap. 749.  Massage Parlors.
            Chap. 751.  Motion Picture Machines.
            Chap. 752.  Newspaper Dispensing Devices.
            Chap. 753.  Oil and Gas Wells.
            Chap. 755.  Peddlers; Itinerant Vendors; Temporary Stores. (Repealed)
            Chap. 757.  Peddlers and Solicitors.
            Chap. 759.  Pesticide Users.
            Chap. 763.  Public Picnics.
            Chap. 767.  Public Outdoor Shows.
            Chap. 771.  Sale of Goods Manufactured by Blind Persons.
            Chap. 773.  Sale of Irradiated Foods.
            Chap. 774.  Sale of Pseudoephedrine
            Chap. 775.  Solicitors and Canvassers.  (Repealed)
            Chap. 776.  Special Police Commissions. (Repealed)
            Chap. 777.  Tattoo Operations.
            Chap. 779.  Taxicabs.
            Chap. 780.  Registration of Snow Plow Operators.
            Chap. 783.  Trailer Rentals.
            Chap. 787.  Weapons and Ammunition.  (Repealed)
CHAPTER 701
Adult Entertainment Businesses
   EDITOR'S NOTE: This chapter, formerly a codification of Ordinance 297-01, passed December 17, 2001, was repealed and re-enacted by Ordinance 399-04, passed February 7, 2005.
701.01   Purpose and findings.
701.02   Definitions.
701.03   Classification.
701.04   Adult entertainment business license required.
701.05   Adult entertainment business employee license required.
701.06   Adult entertainment business license application.
701.07   Issuance of adult entertainment business license.
701.08   Adult entertainment business employee license application.
701.09   Issuance of adult entertainment business employee license.
701.10   Fees.
701.11   Inspections.
701.12   Expiration and renewal of license.
701.13   Suspension.
701.14   Revocation.
701.15   Appeal rights.
701.16   Transfer of licenses.
701.17   Regulations pertaining to the exhibition of sexually explicit films, videos or live entertainment in viewing booths.
701.18   Additional regulations concerning the operation of adult entertainment businesses.
701.19   Regulations pertaining to the location of adult entertainment businesses..
701.20   Additional regulations concerning lot, yard, height, parking, building and site design standards, and site development plan requirements..
701.21   Sign regulations.
701.22   Loitering and exterior lighting and monitoring requirements.
701.23   Severability and effect of partial invalidity.
701.24   Existing adult entertainment businesses.
701.25   Employees of existing adult entertainment businesses.
701.26   Effective date.
701.99   Penalty.
   CROSS REFERENCES
   Power to restrain houses of ill fame - see Ohio R.C. 715.52
   Sex related offenses - see Ohio R.C. Ch. 2907; GEN. OFF. Ch. 666
   Pornography - see GEN. OFF. 666.11 et seq.
   Massage parlors - see BUS. REG. Ch. 749
701.01   PURPOSE AND FINDINGS.
   (a)   Purpose. That the purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of adult entertainment businesses within the City in order to promote the health, safety, morals, and general welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or communication, including sexually oriented entertainment. Similarly, it is not the purpose or effect of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent or effect of this chapter to condone or legitimize the distribution or exhibition of entertainment that is obscene.
   (b)   Findings. Based on evidence concerning the adverse secondary effects of adult entertainment businesses on the community presented in hearings before the City Council; on findings incorporated in the cases of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976); and on studies in other cities including: Garden Grove, California; Indianapolis, Indiana; Kansas City, Missouri; New York, New York; and the State of Minnesota; the City Council find:
      (1)   Adult entertainment businesses lend themselves to ancillary unlawful and unhealthy activities.
      (2)   Unlawful sexual acts and prostitution occur at adult entertainment businesses, especially those which provide private or semi-private booths or rooms for viewing films, videos, or live sexually-oriented entertainment. Such activities may result in spreading communicable diseases such as syphilis, gonorrhea, and human immunodeficiency virus (HIV).
      (3)   Numerous studies and reports have determined that adult entertainment businesses are associated with neighborhood deterioration, prostitution, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public health, safety and morals, and general welfare.
      (4)   The findings noted in paragraphs number 1 through 3 raise substantial governmental concerns.
      (5)   Adult entertainment businesses have operational characteristics, which should be reasonably regulated in order to protect those substantial governmental concerns.
      (6)   The regulation of nudity in adult entertainment businesses will further the substantial governmental interests in preventing prostitution and other sex-related crimes, including illegal sex acts, and protecting the public health, safety, morals and general welfare.
      (7)   Removal of doors on viewing booths in adult entertainment businesses and requiring sufficient lighting on premises with viewing booths will advance the substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult arcades and theaters and will facilitate enforcement of the provisions of this chapter and other federal, state and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety, morals, and general welfare.
      (8)   Requiring sufficient lighting in all adult entertainment businesses will advance the substantial governmental interest in curbing illegal sexual activity on the premises of adult entertainment businesses, and will facilitate enforcement of the provisions of this chapter and other federal, state and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety, morals, and general welfare.
      (9)   The disclosure of certain information by those persons ultimately responsible for the day- to-day operation and maintenance of adult entertainment businesses, and by employees of such businesses, will facilitate the enforcement of the provisions of this chapter and other federal, state and local laws, and will thereby further the substantial government interest in protecting the public health, safety, morals, and general welfare.
      (10)   A person who recently has been convicted of a sexually related crime is not an appropriate individual to operate or be employed in an adult entertainment business.
      (11)   Barring such individuals from the management of and employment in adult entertainment businesses for a period of years serves as a deterrent to and prevents the commission of sexually related criminal acts, including conduct which leads to the transmission of sexually transmitted diseases.
      (12)   A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of adult entertainment businesses. Further, such a licensing procedure will place a heretofore-nonexistent incentive on operators to see that adult entertainment businesses are run in a manner consistent with the health, safety, morals and general welfare of patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult entertainment business, and fully in possession and control of the premises and activities occurring therein.
(Ord. 399-04. Passed 2-7-05.)
701.02   DEFINITIONS.
   For purposes of this chapter:
   (a)   "Adult arcade" means any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video or laser disc players, or (ii) other video or image- producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time, and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   (b)   "Adult bookstore" or "adult media store" means a commercial establishment in which 40% or more of its stock in trade constitutes, and/or 40% or more of its public floor area displays or contains, “adult media” or “sexually oriented novelties or toys”.
   (c)   "Adult cabaret" means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
      (1)   Persons who appear in a "state of nudity" or "state of semi-nudity"; or
      (2)   Live entertainment characterized by the depiction or description of specified anatomical areas or specified sexual activities; or
      (3)   Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
      (4)   Exhibiting films, motion pictures, video cassettes, video discs, DVDs, CDs, slides or other photographic or electronic reproductions, whether analog or digital, that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   (d)   "Adult entertainment business" means an adult arcade, adult bookstore, adult cabaret, adult media store, adult motion picture theater, adult theater, nude model studio, sex store, or sexual encounter center. "Adult entertainment business" does not include an adult motel as defined below.
   (e)   "Adult media" means books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, DVDs and CDs or other devices used to record images, that are distinguished or characterized by an emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas."
   (f)   "Adult motel" means a hotel, motel or similar commercial establishment which:
      (1)   Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this sex-oriented type of photographic reproductions; or
      (2)   Offers a sleeping room for rent for a period of time that is less than ten hours: or
      (3)   Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
   (g)   "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
   (h)   "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of semi-nudity, live performances which are characterized by the depiction or description or specified anatomical areas, specified sexual activities, or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment.
   (i)   "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
   (j)   "Employee" means a person who performs any service or work on the premises of an adult entertainment business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part- time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
   (k)   "Employee station" means an area on the premises of an adult entertainment business designated for occupancy exclusively by one or more employees whose duties include assuring compliance with the provisions of this chapter.
   (l)   "Health Commissioner" means the Cuyahoga County Commissioner of health or his/her authorized representative.
   (m)   "Licensee" means, with respect to an adult entertainment business license issued under this chapter, a person in whose name a license to operate an adult entertainment business has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the adult entertainment business. With respect to an adult entertainment business employee license issued under this chapter, licensee means a person in whose name a license has been issued authorizing employment in an adult entertainment business.
   (n)   "Live viewing booth" means any private or semi-private booth, or any viewing room of less than 150 square feet of floor space, to which the public may gain admittance, wherein a live performance is presented to five or fewer persons at any one time.
   (o)   "Nude model studio" means any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include:
      (1)   A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
      (2)   A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
      (3)   An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
   (p)   "Nudity" or "state of nudity" or "nude" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or stimulates any of these anatomical areas.
   (q)   "Operate" means to control or hold primary responsibility for the operation of an adult entertainment business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "cause to be operated" shall mean to cause to function or to put or keep in operation. "Operator" means any persons on the premises of an adult entertainment business who is authorized to exercise overall operational control or hold primary responsibility for the operation of an adult entertainment business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated an adult entertainment business whether or not that person is an owner, part owner, or licensee of the business.
   (r)   "Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
   (s)   "Semi-nudity" or "state of semi-nudity" or  "semi-nude condition" or "semi-nude" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
   (t)   "Sex store" means a business offering goods for sale or rent and that meet any of the following tests:
      (1)   More than 20% of the stock in trade or more than 10% of the gross public floor area of the business consists of "sexually-oriented novelties or toys;" or
      (2)   It offers for sale items from any two of the following categories: "adult media," "sexually- oriented novelties or toys," lingerie, or apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than 30% of the stock in trade of the business or occupies more than 30% of the gross public floor area of the business; or
      (3)   Which advertises or holds itself out in any forum as an adult entertainment business by use of such terms as "sex toys, "marital aids," "X-rated," "XXX," "adult," "sex," "nude," or otherwise advertises or holds itself out as an adult entertainment business.
      "Sex store" shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.
   (u)   "Sexual encounter center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
      (1)   Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
      (2)   Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
   (v)   "Sexually oriented novelties or toys" means instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate or arouse human genital organs or female breasts.
   (w)   "Specified anatomical areas" means
      (1)   The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
      (2)   Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
   (x)   "Specified criminal activity" means any of the following offenses:
      (1)   Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;
      (2)   For which:
         A.   Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
         B.   Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
      (3)   The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
   (y)   "Specified sexual activities" means any of the following:
      (1)   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
      (2)   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
      (3)   Excretory functions as a part of or in connection with any of the activities set forth in (1) or (2) above.
   (z)   "Stock in trade" means the individual items offered for sale or rental in the area of an establishment open to the public.
   (aa)   "Transfer of ownership or control" of an adult entertainment business shall mean any of the following:
      (1)   The sale, lease, or sublease of the business;
      (2)   The transfer of securities which constitute a controlling interest in the business whether by sale, exchange, or similar means; or
      (3)   The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
   (bb)   "Video booth" means any private or semi-private booth or any viewing room of less than 150 square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor, or similar equipment is available for the purpose of showing still or motion pictures, videos, or similar images or photographic reproductions to five or fewer persons at any one time.
   (cc)   Viewing booth" means live viewing booth or video booth, and "viewing booths" means live viewing booths, video booths, or any combination thereof.
(Ord. 399-04. Passed 2-7-05.)
701.03   CLASSIFICATION.
   Businesses subject to adult entertainment business licensing are classified as follows:
   (a)   Adult arcades;
   (b)   Adult bookstores or adult media stores;
   (c)   Adult cabarets;
   (d)   Adult motion picture theaters;
   (e)   Adult theaters;
   (f)   Nude model studios;
   (g)   Sex stores;
   (h)   Sexual encounter centers
   (i)   Any combination of classifications set forth in paragraphs (a) through (h) above.
(Ord. 399-04. Passed 2-7-05.)
701.04   ADULT ENTERTAINMENT BUSINESS LICENSE REQUIRED.
   (a)   No person shall:
      (1)   Operate an adult entertainment business without a valid adult entertainment business license issued by the City pursuant to this chapter.
      (2)   In connection with operating an adult entertainment business, retain the services of a person as an employee, as defined in this chapter, who is not licensed as an adult entertainment business employee by the City pursuant to this chapter.
   (b)   Any person who violates division (a)(1) above shall be guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than 90 days, or both, for each offense.
   (c)   A violation of division (a)(2) above shall be a ground for the suspension of an adult entertainment business license as provided for in Section 701.12 of this chapter.
(Ord. 399-04. Passed 2-7-05.)
701.05   ADULT ENTERTAINMENT BUSINESS EMPLOYEE LICENSE REQUIRED.
   (a)   No person shall act as an employee, as defined in this chapter, on the premises of an adult entertainment business without having secured an adult entertainment business employee license pursuant to this chapter.
   (b)   A violation of this section shall be a ground for the suspension of an adult entertainment business employee license as provided for in Section 701.13 of this chapter.
(Ord. 399-04. Passed 2-7-05.)
701.06   ADULT ENTERTAINMENT BUSINESS LICENSE APPLICATION.
   (a)   An application for an adult entertainment business license shall be submitted to the Director of Public Safety or his/her designee on a form provided by the Director of Public Safety. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this chapter.
   (b)   An application for an adult entertainment business license shall identify and be signed by the following persons:
      (1)   If the business entity is owned by an individual, that individual.
      (2)   If the business entity is owned by a corporation, each officer or director of the corporation, any individual owning or controlling more than 50% of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed adult entertainment business.
      (3)   If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, who will be principally responsible for the operation of the proposed adult entertainment business.
   (c)   An application for an adult entertainment business license must designate one or more individuals who are to be principally responsible for the operation of the proposed adult entertainment business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed adult entertainment business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.
   (d)   An application for an adult entertainment business license shall be completed according to the instructions of the application form, which shall require the following:
      (1)   If the applicant is:
         A.   An individual, state the legal name and any aliases of such individual; or
         B.   A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; or
         C.   A joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, state the complete name of the organization and provide a copy of the legal document establishing the organization, if any; or
         D.   A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacities of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
      (2)   If the applicant intends to operate the adult entertainment business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
      (3)   State whether any applicant has been convicted of a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
      (4)   State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the adult entertainment business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, or 50% or greater owner of a corporation 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 denial, suspension or revocation.
      (5)   State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
      (6)   State the location of the proposed adult entertainment business, including a legal description of the property (i.e., permanent parcel number), street address, and telephone number(s), if any.
      (7)   State the mailing address and residential address of each applicant and each person signing the application.
      (8)   Submit a recent photograph of each applicant who is a natural person, taken by the City of Parma Police Department that clearly shows the applicant's face.
      (9)   Submit the fingerprints of each applicant who is a natural person, recorded by the City of Parma Police Department.
      (10)   For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed adult entertainment business.
      (11)   State the driver's license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant's federally issued tax identification number.
      (12)   Submit proof that each applicant who is a natural person is at least 18 years old.
      (13)   Submit a sketch or diagram showing the configuration of the premises of the adult entertainment business, including the location of all stages and customer seating and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
      (14)   If an applicant wishes to operate an adult entertainment business which shall exhibit on the premises, in a booth, as defined in this chapter, films, video cassettes, other video or image reproduction, or live entertainment which depict "specified sexual activities" or "specified anatomical areas", then the applicant shall comply with the additional application requirements set forth below at Section 701.17(a)(1) of this chapter.
      (15)   The above-required disclosures facilitate the police investigation into the applicant's criminal background regarding crimes of a sexual nature so that the City can determine whether the ordinances civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with the ordinance's licensing and permitting requirements.
      (16)   Names and residential addresses gathered pursuant to the above provisions constitute protected private information and are exempt from Ohio's Public Records Act.
(Ord. 339-04. Passed 2-7-05.)
701.07   ISSUANCE OF ADULT ENTERTAINMENT BUSINESS LICENSE.
   (a)   Within five days of receipt of an application for an adult entertainment business license, the Director of Public Safety or his/her designee shall request that the Police Chief investigate the information provided in the application concerning the criminal background of the applicant(s) and that the Police Chief shall transmit the results of his/her investigation in writing to the Director of Public Safety or his/her designee within five days of the completion of his/her investigation.
   (b)   Within five days of receipt of an application for an adult entertainment business license, the Director of Public Safety or his/her designee shall notify the City of Parma Fire Chief, the Building Commissioner, and, where application has been made for an adult cabaret or any adult entertainment business having video booths or viewing booths the Cuyahoga County Department of Health, of such application. In making such notification, the Director of Public Safety or his/her designee shall request that the Fire Chief, Building Commissioner, and when applicable the Cuyahoga County Department of Health, promptly inspect the premises for which the adult entertainment business license is sought to assess compliance with the regulations under their respective jurisdictions.
   (c)   The Fire Chief shall provide to the Director of Public Safety or his/her designee within ten days of receipt of notice of the application a written certification of whether the premises are in compliance with the City of Parma Fire Regulations.
   (d)   The Building Commissioner shall provide to the Director of Public Safety or his/her designee within ten days of receipt of notice of the application a written certification of whether the premises are in compliance with the City Zoning Code, the City Property Maintenance Code, and the provisions of this chapter related to physical characteristics of the premises, and whether the City has received notice from any state or county agency of the premises being in violation of any applicable state building or property codes.
   (e)   Within 21 days after receipt of a completed adult entertainment business license application, the Director of Public Safety or his/her designee shall approve or deny the issuance of a license. The Director of Public Safety or his/her designee shall approve the issuance of a license to an applicant unless he/she determines that one or more of the following findings is true:
      (1)   An applicant who is a natural person is under 18 years of age.
      (2)   An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose his/her Social Security number in accordance with the provisions of the Privacy Act of 1974. Pub. L. No. 93-579, § 7(a)(1).
      (3)   An applicant has, within the preceding 12 months, been denied an adult business license by any jurisdiction or has had a license to operate an adult entertainment business revoked by an jurisdiction.
      (4)   An applicant has been convicted of a specified criminal activity as defined in this chapter.
      (5)   The proposed adult entertainment business would violate or fail to be in compliance with any provisions of this chapter, the City Zoning Code, the City Property Maintenance Code, or state statute or regulation.
      (6)   The application and investigation fee required by this chapter has not been paid.
      (7)   An applicant is in violation of or in not in compliance with any provision of this chapter, except as provided in division (f)(1) of this section.
   (f)   If the Director of Public Safety or his/her designee determines that one or both of the following findings is true, the license issued pursuant to division (e) of this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:
      (1)   The results of inspections of the premises by the Building Commissioner, the Fire Chief or his/her designee or, where appropriate the Cuyahoga County Department of Health, indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions.
      (2)   An applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
   (g)   If the Director of Public Safety or his/her designee determines that no other grounds for denial of a license exist under division (e) of this section, the Director of Public Safety or his/her designee shall not delay approval of the application past the end of the 21-day period provided in this section solely because the Fire Chief or the Cuyahoga County Department of Health has not provided the Director of Public Safety or his/her designee with the complete results of his/her inspection of the premises; the complete results of the Building Commissioner's inspection of the premises are not available; and/or the Police Chief has not completed his/her investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Director of Public Safety or his/her designee receives information from the Police Chiefs investigation, which he/she determines constitutes grounds for denial of a license under division (e) of this section, then the adult entertainment business license issued pursuant to this division (g) shall be immediately revoked. If after approving the issuance of a license, the Director of Public Safety or his/her designee receives information concerning the Fire Chief's, the Building Commissioner's, or where appropriate the Cuyahoga County Department of Health's, inspections, which the Director of Public Safety or his/her designee determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under division (f) of this section, then a requirement shall be added to the terms of the adult entertainment business license issued pursuant to this division (g) to correct all deficiencies noted within 120 days of the date such requirement is added.
   (h)   An adult entertainment business license shall state on its face the name of the applicant, the expiration date, and the address of the licensed adult entertainment business. All adult entertainment business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
   (i)   The Director of Public Safety or his/her designee shall advise the applicant in writing within three days of the reasons for any license denial. If the City finds, subsequent to denial, that the basis for the denial of the license has been corrected or abated, the applicant may reapply.
(Ord. 399-04. Passed 2-7-05.)
701.08   ADULT ENTERTAINMENT BUSINESS EMPLOYEE LICENSE APPLICATION.
   (a)   An application for an adult entertainment business employee license shall be submitted to the Director of Public Safety or his/her designee on a form provided by the Director of Public Safety. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this chapter.
   (b)   An application for an adult entertainment business employee license shall be completed according to the instructions of the application form, which shall require the following:
      (1)   State the applicant's name and any other names (including "stage" names) or aliases used by the applicant.
      (2)   State the applicant's date and place of birth.
      (3)   State the applicant's height, weight, and hair and eye color.
      (4)   Submit a recent photograph of the applicant, taken by the City of Parma Police Department, which clearly shows the applicant's face.
      (5)   Submit the applicant's fingerprints, recorded by the City of Parma Police Department.
      (6)   Describe and identify the location of any tattoos on the applicant's face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed adult entertainment business.
      (7)   State the applicant's present residence address and telephone number.
      (8)   State the applicant's present or intended business address and telephone number.
      (9)   State the applicant's driver's license number and Social Security number.
      (10)   Submit proof that the applicant is at least 18 years old.
      (11)   Provide a statement detailing the adult entertainment business-related license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate an adult entertainment business, in this or any other jurisdiction, and whether the applicant has ever had an adult entertainment business-related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation, or suspension.
      (12)   State whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.
      (13)   The above-required disclosures facilitate the police investigation into the applicant's criminal background regarding crimes of a sexual nature so that the City can determine whether the ordinance's civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with the ordinance's licensing and permitting requirements.
      (14)   Names and residential addresses gathered pursuant to the above provisions constitute protected private information and shall be exempt from Ohio's Public Records Act.
(Ord. 399-04. Passed 2-7-05.)
701.09   ISSUANCE OF ADULT ENTERTAINMENT BUSINESS EMPLOYEE LICENSE.
   (a)   Upon the filing of a completed application for an adult entertainment business employee license, the Director of Public Safety or his/her designee shall issue a license to said applicant immediately.
   (b)   Within five days of receipt of a completed application for an adult entertainment business employee license, the Director of Public Safety or his/her designee shall request that the City Chief of Police initiate an investigation of the information provided in the application concerning the criminal background of the applicant. The City Chief of Police shall document the results of his/her investigation in writing within five days of the completion of his/her investigation and transmit this writing to the Director of Public Safety or his/her designee.
   (c)   Within ten days after completion of the City Police Chief's investigation of the criminal background of the applicant, the Director of Public Safety or his/her designee shall either affirm the prior issuance of the license or revoke the license. The Director of Public Safety or his/her designee shall affirm the prior issuance of a license to an applicant unless he/she determines that one or more of the following findings are true:
      (1)   The applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose his/her Social Security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, § 7(a)(1).
      (2)   The applicant is under 18 years of age.
      (3)   The applicant has been convicted of a specified criminal activity as defined in this chapter.
      (4)   The adult entertainment business employee license is to be used for employment in a business prohibited by local, state, or federal law, statute, rule or regulation.
      (5)   The applicant has, within the preceding 12 months, been denied an adult entertainment business employee license by any jurisdiction or has had an adult entertainment business employee license revoked by any jurisdiction.
   (d)   If the adult entertainment business employee license is revoked, the Director of Public Safety or his/her designee shall advise the applicant in writing within three days of the reason(s) for any such revocation.
(Ord. 399-04. Passed 2-7-05.)
701.10   FEES.
   (a)   Every application for a new adult entertainment business license shall be accompanied by a non- refundable application and investigation fee as referenced in the General Fee Schedule in Chapter 185.
   (b)   Every application for renewal of an adult entertainment business license shall be accompanied by a non-refundable application and investigation fee as referenced in the General Fee Schedule in Chapter 185.
   (c)   In addition to the application and investigation fee required in division (a) or (b) above, every applicant that is granted an adult entertainment business license (new or renewal) shall pay to the City as annual, non-refundable license fee as referenced in the General Fee Schedule in Chapter 185 within 30 days of license issuance or renewal.
   (d)   Every application for a new adult entertainment business employee license shall be accompanied by an annual, non-refundable application, investigation, and license fee as referenced in the General Fee Schedule in Chapter 185.
(Ord. 399-04. Passed 2-7-05.)
701.11   INSPECTION.
   (a)   The Director of Public Safety or his/her designee and/or representatives of the City of Parma Fire Department, or other City departments or agencies, or the Health Commissioner, shall, from time to time, but no more than four times a year in total, inspect, during a licensee's regular business hours, that portion of each adult entertainment business licensed under the provisions of this chapter that is open to the public in order to assess compliance with the provisions of this chapter.
   (b)   No inspections other than those described in division (a) above are permitted under this chapter unless consented to by the licensee or authorized through issuance of a search warrant.
   (c)   Any refusal on the part of a licensee to permit a lawful inspection of the premises under division (a) above or prohibition or interference with a lawful inspection of the premises under division (a) above shall be grounds for suspension of the adult entertainment business license pursuant to this chapter.
(Ord. 399-04. Passed 2-7-05.)
701.12   EXPIRATION AND RENEWAL OF LICENSE.
   (a)   Each license issued pursuant to this chapter shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than 90 days and no less than 21 days before the expiration date. If application is made less than 21 days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.
   (b)   An application for renewal of an adult entertainment business license shall be submitted to the Director of Public Safety or his/her designee on a form provided by the Director of Public Safety. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to this chapter. Copies of any document or material submitted in connection with the initial license application shall accompany the completed renewal application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial adult entertainment business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
   (c)   The Director of Public Safety or his/her designee shall make determinations concerning the approval of license renewals based on the same criteria and time mandates used to evaluate applications for new licenses under this chapter.
   (d)   The Director of Public Safety or his/her designee shall advise the applicant in writing within three days of the reason(s) for any denial of a license renewal.
   (e)   An application for renewal of an adult entertainment business employee license shall be submitted to the Director of Public Safety or his/her designee on a form provided by the Director of Public Safety. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to this chapter. Copies of any document or material submitted in connection with the initial license application shall accompany the completed renewal application that has been revised or requires revision to reflect any change in circumstances or conditions.
   (f)   When the City denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. If the City finds, subsequent to denial, that the basis for the denial of the renewal license has been corrected or abated, the applicant may reapply.
(Ord. 399-04. Passed 2-7-05.)
701.13   SUSPENSION.
   (a)   The City shall suspend an adult entertainment business license for a period not to exceed 30 days if it determines that a licensee:
      (1)   Has violated or is not in compliance with any section of this chapter; or
      (2)   Has knowingly allowed an employee to violate or fail to comply with any section of this chapter.
   (b)   The City shall suspend an adult entertainment business license for a period not to exceed 30 days if it determines that a licensee or his/her employee or agent has refused to allow, has prohibited or has interfered with an inspection of the licensed adult entertainment business premises as authorized by Section 701.11(a) of this chapter.
   (c)   The City shall suspend an adult entertainment business employee license for a period not to exceed 30 days if it determines that a licensee has violated or is not in compliance with any section of this chapter.
   (d)   The Director of Public Safety or his/her designee shall advise the licensee in writing within three days of the reason(s) for any suspension.
(Ord. 399-04. Passed 2-7-05.)
701.14   REVOCATION.
   (a)   The City shall revoke an adult entertainment business license or adult entertainment business employee license if a cause of suspension under this chapter occurs and the license has been suspended two times within the preceding 12 months.
   (b)   The City shall revoke an adult entertainment business license if it determines that:
      (1)   A licensee failed to provide all information and documents required for issuance of the license as requested on the application form, or provided information or documents as requested on the application that are false;
      (2)   The licensee(s) failed to comply with any requirement stated in the license, pursuant to this chapter, to correct specified deficiencies within 120 days;
      (3)   A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
      (4)   A licensee has knowingly allowed prostitution, solicitation, or the commission of a felony on the premises;
      (5)   A licensee knowingly operated the adult entertainment business during a period of time when the licensee's license was suspended;
      (6)   A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
      (7)   A licensee has been convicted of a specified criminal activity, as defined in this chapter, during the term of the license; or
      (8)   A licensee is delinquent in payment to the City, County, or State for any taxes or fees that were assessed or imposed in relation to any business.
   (c)   The City shall revoke an adult entertainment business employee license if it determines that:
      (1)   The licensee failed to provide all information and documents required for issuance of the license as requested on the application form, or provided information or documents as requested on the application that are false;
      (2)   The licensee has knowingly acted as an employee on the premises of an adult entertainment business during a period of time when the licensee's license was suspended; or
      (3)   The licensee has been convicted of a specified criminal activity, as defined in this chapter during the term of the license.
   (d)   The Director of Public Safety or his/her designee shall advise the licensee in writing within three days of the reason(s) for any revocation.
   (e)   When the City revokes a license pursuant to divisions(a), (b)(3) through (b)(7), (c)(2) or (c)(3) above, the licensee shall not be issued another license for one year from the date the revocation became effective.
   (f)   When the City revokes a license pursuant to divisions (b)(1), (b)(8) or (c)(1) above, the applicant may be granted a license if the basis for the revocation has been corrected or abated and at least 30 days have elapsed since the date the revocation became effective.
(Ord. 399-04. Passed 2-7-05.)
701.15   APPEAL RIGHTS.
   (a)   Any denial, suspension, or revocation of a license under this chapter may be appealed to the Board of Zoning Appeals, which shall act as the Board of Appeals ("Board") for purposes of this section, by written notice within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within 14 days and must issue a decision affirming or reversing the denial, suspension, or revocation within five days after the hearing. During the time between the date of the denial, suspension, or revocation of a license and the date of the Board's decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.
   (b)   In the event that the Board affirms the denial, suspension, or revocation of a new or renewal license under this chapter, such decision shall be a final appealable order, and the applicant or licensee may seek prompt judicial review of such administrative action in Common Pleas Court pursuant to the provisions of Ohio R.C. Chapter 2506.
   (c)   In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this chapter, the applicant or licensee shall provide written notice of such appeal shall file a notice of appeal with the Board, as well as with the Common Pleas Court, and shall file a praecipe with the Board requesting that a complete transcript of all original papers, testimony, and evidence offered, heard, and taken into consideration in the Board's issuance of the final order appealed from be filed with the Common Pleas Court. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the Common Pleas Court, the Board shall transmit to the court a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the final order. The Board shall provide any further information, assistance, or cooperation requested by the Common Pleas Court without delay.
   (d)   Any licensee lawfully operating an adult entertainment business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the Council of a decision rendered under this chapter and during the entire time required for a court to rule on any appeal from a decision of the Board affirming the denial of a license or license renewal, or the suspension or revocation of a license.
   (e)   Any licensee lawfully acting as an employee in an adult entertainment business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the Board of a decision rendered under this chapter and during the entire time required for a court to rule on any appeal from a decision of the Board affirming the denial of a license or license renewal, or the suspension or revocation of a license.
   (f)   Any applicant for a new adult entertainment business license or employee license whose appeal from the denial of a license application has been denied by the Board shall immediately be issued said license and shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, during the entire time required for a trial court to rule on any appeal from a decision of the Board.
   (g)   In the event that a decision of the Board under this chapter affirming the denial of a renewal license, or the suspension or revocation of a license is upheld by a trial court, and the licensee seeks appellate judicial review of that decision, the City will maintain the status quo by allowing the licensee to retain said license, subject to all other terms of this chapter, until the date that an appellate judicial decision is issued upholding the Board. This provision shall not apply to any licensee whose license was issued pursuant to division (f) above.
   (h)   In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending 30 days before the expiration date of any license, the licensee may file a renewal license application with the Director of Public Safety or his/her designee pursuant to this chapter. The Director of Public Safety or his/her designee shall grant an application for renewal of a license under this provision unless he/she determines that additional deficiencies under division (6)(e) are now present which did not exist at the time of the original license application or the suspension or revocation of the license. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.
   (i)   If, during the pendency of any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license, there are additional denials of a renewal license application or suspensions or revocations of that license, the City has the right to consolidate any judicial review for the additional denials, suspensions or revocations with any pending judicial review for that same licensee.
(Ord. 399-04. Passed 2-7-05.)
701.16   TRANSFER OF LICENSE.
   (a)   An adult entertainment business license is not transferable from one licensee to another or from one location to another. Any purported transfer of an adult entertainment business license shall automatically and immediately revoke that license.
   (b)   An adult entertainment business employee license is not transferable from one licensee to another, but the use of the license by the individual to whom it was issued may be transferred from one licensed adult entertainment business to another such licensed establishment during the term of the license, provided that the licensee gives written notice of such transfer to the Director of Public Safety or his/her designee within 15 days of such transfer.
(Ord. 399-04. Passed 2-7-05.)
701.17   REGULATIONS PERTAINING TO THE EXHIBITION OF SEXUALLY EXPLICIT FILMS, VIDEOS OR LIVE ENTERTAINMENT IN VIEWING BOOTHS.
   (a)   No person may operate or cause to be operated an adult entertainment business which exhibits on the premises in a viewing booth, as defined in this chapter, films, video cassettes, video discs, DVDs, CDs, other video or image reproduction, or live entertainment which depict or depicts "specified sexual activities" or "specified anatomical areas", without complying with the following requirements:
      (1)   The adult entertainment business license application required under this chapter shall be accompanied by a diagram of the premises showing a plan thereof which specifies the location of one or more employee's stations and the location of all overhead lighting fixtures, and which designates any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the adult entertainment business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches.
      (2)   The interior of the premises shall be configured in such a manner that there is an unobstructed view from an employee's station of every area of the premises to which any patron is permitted access for any purpose, including the interior of all viewing booths and excluding restrooms. Restrooms may not contain video reproduction equipment, and no entertainment of any kind may be offered in restrooms. If the premises has two or more employee stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the employee's stations. The view required in this subsection must be by direct line of sight from the employee's station.
      (3)   No alteration in the configuration or location of an employee's station shall be made without the prior approval of the Director of Public Safety or his/her designee.
      (4)   At least one employee shall be on duty and situated in each employee's station at all times that any patron is present inside the premises.
      (5)   An employee's station shall not exceed 32 square feet of floor area, and no single dimension of an employee's station shall exceed eight feet.
      (6)   The view from the employee's station(s) shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
      (7)   No patron may at any time be permitted access to any area of the premises which has been designated in the license application filed pursuant to this chapter as an area in which patrons will not be permitted.
      (8)   No viewing booth may be occupied by more than one person at any time.
      (9)   The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including both the interior of viewing booths and restrooms, at an illumination level of not less than five  foot-candles as measured at floor level.
      (10)   The illumination described above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
      (11)   No openings of any kind shall be permitted to exist between viewing booths or in any wall of a viewing booth.
      (12)   No person shall make or attempt to make an opening of any kind between viewing booths or in any wall of a viewing booth.
      (13)   The walls of each viewing booth shall be inspected regularly during each business day to determine if any openings or holes exist.
      (14)   All floor coverings in viewing booths shall be nonporous; easily cleanable surfaces, with no rugs or carpeting.
      (15)   All wall surfaces, ceiling surfaces and seating surfaces in viewing booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material.
   (b)   Violations of the above provisions shall be the basis for the suspension or revocation of a license in accordance with the provisions of this chapter.
(Ord. 399-04. Passed 2-7-05.)
701.18   ADDITIONAL REGULATIONS CONCERNING THE OPERATION OF ADULT ENTERTAINMENT BUSINESSES.
   (a)   Nudity, Sexual Activity, Live Entertainment and Performances.
      (1 )   No employee on the premises of an adult entertainment business may appear in a state of "nudity," as defined in this chapter, or engage in "specified sexual activities" in a state of "nudity," as defined in this chapter.
      (2)   Any employee appearing on the premises of an adult entertainment business in a state of semi-nudity, as defined in this chapter, must be on a stage that is at least 24 inches from the floor, and at a distance at least 36 inches from all parts of a clearly designated area in which patrons will be present.
      (3)   All live entertainment and performances in an adult entertainment business must take place on a stage that is at least 24 inches from the floor and a distance of at least 36 inches from all parts of a clearly designated area in which patrons will be present.
      (4)   The stage shall be separated from the area in which patrons may be present.
      (5)   No employee, as defined in this chapter, appearing on the premises of an adult entertainment business in a state of semi-nudity, may intentionally or knowingly touch a customer or a customer's clothing or knowingly permit himself or herself to be touched by a customer or a customer's clothing.
      (6)   Any live entertainment that is provided on the premises of an adult entertainment business, in a private or semi-private room, to five or fewer persons at any one time, must take place in the direct, unobstructed line of sight of an employee's station at which at least one employee is on duty and stationed at all times during which such entertainment takes place, with all doors to such room completely open and ajar, if such room is not considered a "viewing booth" as defined in this chapter and therefore is not subject to the provisions of this chapter.
   The provisions of this division (a) shall not apply to an employee's use of any restroom or any single-sex dressing room that is accessible only to entertainers.
   (b)   Dressing Rooms. All adult entertainment businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers that shall not be occupied or used in any way by anyone other than entertainers.
   (c)   Restrooms. All restrooms in adult entertainment businesses shall be equipped with standard toilets, sinks and other traditional lavatory facilities. No live performances shall be provided or allowed at any time in the restrooms of an adult entertainment business. Separate male and female restrooms shall be provided for use by adult entertainment business employees and patrons.
   (d)   Minors Prohibited. No person under the age of 18 years shall be permitted on the premises of an adult entertainment business.
   (e)   Hours of Operation.
      (1)   An adult cabaret, regardless of whether it has a valid liquor permit issued by the State of Ohio Division of Liquor Control, may be open for business during the days and times allowed by the State of Ohio Division of Liquor Control for adult cabarets or similar establishments that have a valid liquor permit.
      (2)   No adult entertainment business, other than an adult cabaret, shall remain open at any time between the hours of midnight and 7:00 a.m. on weekdays and Saturdays, nor shall any entertainment, service, or product be provided to a customer on the premises of an adult entertainment business, other than an adult cabaret, during those hours. No adult entertainment business, other than an adult cabaret, shall be open for business at any time on Sunday or on any legal State of Ohio or federal holiday, nor shall any entertainment, service, or product be provided to a customer on the premises of an adult entertainment business, other than an adult cabaret, during those days.
   (f)   Minimum Lighting Level.
      (1)   The premises of every adult entertainment business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five  foot- candles as measured at floor level.
      (2)   The illumination described in division (a) above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
   (g)   Exterior Display. No adult entertainment business shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in this chapter, or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, animation, window or any other means.
   (h)   Display of Adult Entertainment Business License. A valid and current adult entertainment business license shall be displayed at all times in a portion of the premises open to the public.
   (i)   Availability of Adult Entertainment Business Employee License. Each employee of an adult entertainment business shall have his/her valid and current adult entertainment business employee license available on the premises of the adult entertainment business at all times that he/she or she is on the premises and shall produce his/her license for inspection at the request of the Director of Public Safety or his/her designee or any law enforcement personnel.
   (j)   Violations of the above provisions shall be the basis for the suspension or revocation of a license in accordance with the provisions of this chapter.
(Ord. 399-04. Passed 2-7-05.)
701.19   REGULATIONS PERTAINING TO THE LOCATION OF ADULT ENTERTAINMENT BUSINESSES.
   (a)   An adult entertainment business may be located only in accordance with the restrictions contained in divisions (b) through (h) below.
   (b)   No adult entertainment business may be established within 200 feet of:
      (1)   A church, synagogue, mosque, temple or building which is used primarily for the religious worship and related religious activities.
      (2)   A public or private educational facility including child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. "School" includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
      (3)   A boundary of a residential district as shown on the Zoning Map;
      (4)   A public park or recreational area which has been designated for park or recreational activities including a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the City which is under the control, operation, or management of either the City or which is operated or managed by another public entity.
   (c)   No adult entertainment business may be established within 200 feet of the property line of a lot regulated as a lawful non-conforming residential use as defined in the Zoning Ordinance;
   (d)   No adult entertainment business may be established, operated or enlarged within 200 feet of another adult entertainment business;
   (e)   Not more than one adult entertainment business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any adult entertainment business in any building, structure, or portion thereof containing another adult entertainment business may not be increased.
   (f)   For the purpose of divisions (b) and (c) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the principal building or structure or tenant space if located in a multi-tenant building used as the part of the premises where an adult entertainment business is operated, to the nearest property line of the premises of a use listed in divisions (b) and (c).
   (g)   For purposes of division (d) of this section, the distance between any two adult entertainment businesses or an adult entertainment business and any adult entertainment business shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure or tenant space if located in a multi-tenant building in which each business is located.
   (h)   An adult entertainment business that was in compliance with the above locational restrictions at the time that it received a license will be found to remain in compliance if, subsequent to the receipt of the license, a use listed in division (b) is newly established or expands so as to be within 200 feet of the adult entertainment business.
(Ord. 399-04. Passed 2-7-05.)
701.20   ADDITIONAL REGULATIONS CONCERNING LOT, YARD, HEIGHT, PARKING, BUILDING AND SITE DESIGN STANDARDS, AND SITE DEVELOPMENT PLAN REQUIREMENTS.
   (a)   Lot area and width, setbacks, buffering, yard area, height provisions and other site development requirements for an adult entertainment business are those specified in Chapters 1170, 1181, 1185 and 1199 of the Zoning Code.
   (b)   Parking requirements for an adult cabaret are those specified for restaurants in Chapter 1197 of the Zoning Code.
   (c)   Parking requirements for other adult entertainment businesses are those specified for retail stores in Chapter 1197 of the Zoning Code.
(Ord. 399-04. Passed 2-7-05.)
701.21   SIGN REGULATIONS.
   All signs shall be "building signs" as defined and regulated in Chapter 1519 of the City Building Code, but in no event shall the maximum allowable sign area exceed 40 square feet. Any address sign area shall be included in the maximum sign area calculation.
(Ord. 399-04. Passed 2-7-05.)
701.22   LOITERING AND EXTERIOR LIGHTING AND MONITORING REQUIREMENTS.
   (a)   It shall be the duty of the operator of an adult entertainment business to:
      (1)   Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the adult entertainment business is located;
      (2)   Post conspicuous signs stating that no loitering is permitted on such property;
      (3)   Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every 30 minutes or inspecting such property by use of video cameras and monitors; and
      (4)   Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premises is open for business. The monitors shall be installed within an employee's station.
   (b)   It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
(Ord. 399-04. Passed 2-7-05.)
701.23   SEVERABILITY AND EFFECT OF PARTIAL INVALIDITY.
   If any section, division or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, divisions and clauses shall not be affected.
(Ord. 399-04. Passed 2-7-05.)
701.24   EXISTING ADULT ENTERTAINMENT BUSINESSES.
   Any establishment in operation on the effective date of this chapter that is considered an adult entertainment business under the terms of this chapter will be subject to the terms of this chapter as of the effective date of this chapter. Any such establishment must submit an application for an adult entertainment business license pursuant to this chapter within 60 days of its effective date. Any establishment for which an adult entertainment business license application is submitted within the required 60-day period will be permitted to operate pending review of the license application and any appeal of a license denial.
(Ord. 399-04. Passed 2-7-05.)
701.25   EMPLOYEES OF EXISTING ADULT ENTERTAINMENT BUSINESSES.
   Any person acting, on the effective date of this chapter, as an employee in an establishment that is considered an adult entertainment business under the terms of this chapter, will be subject to the terms of this chapter as of the effective date of this chapter. Any such person must submit an application for an adult entertainment business employee license pursuant to this chapter within 60 days of its effective date. Any person who has submitted an application for an adult entertainment business employee license within the required 60 day period will be permitted to continue acting as an employee in an establishment that is considered an adult entertainment business pending review of the license application and any appeal of a license denial.
(Ord. 399-04. Passed 2-7-05.)
701.26   EFFECTIVE DATE.
   This chapter will be effective 30 days after the date of adoption unless, within 30 days after the adoption of this chapter, the City Clerk receives a petition, signed by a number of qualified electors residing in the unincorporated area of the City equal to not less than 10% of the total number of votes cast in that area for all candidates for the office of governor at the most recent general election for that office, requesting the City Council to submit the chapter to the electors of the area for approval or rejection at the next primary or general election occurring at least 75 days after the Board receives the petition, as provided for in Ohio R.C. 731.28 to 731.40.
(Ord. 399-04. Passed 2-7-05.)
701.99   PENALTY.
   In addition to the penalties of license suspension or revocation, violations of this chapter shall be misdemeanor offenses punishable by fine or imprisonment as provided by these Codified Ordinances.
(Ord. 399-04. Passed 2-7-05.)