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Adult entertainment establishments are classified as follows:
(a) Adult arcades;
(b) Adult bookstores or adult video stores;
(c) Adult cabarets;
(d) Adult motels;
(e) Adult motion picture theaters;
(f) Adult theaters;
(g) Escort agencies;
(h) Nude model studios; and
(i) Sexual encounter centers.
(Ord. 6-2001. Passed 4-12-01.)
(a) A person commits an offense if he or she operates an adult entertainment establishment without a valid license issued by the Village of Perry for the particular type of business. Notwithstanding any provision of the Village of Perry Codified Ordinances or Zoning Ordinance, no person shall cause or permit the establishment of any adult entertainment business or sexually oriented business within a zoning district other than in the Industrial District.
(b) An application for a license must be made on a form provided by the Perry Village Inspector. The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of the total floor space to be occupied by the business. Applicants who must comply with Section 785.19 shall submit a diagram meeting the requirements of Section 785.18.
(c) The complete application shall be submitted to the Planning Commission and a copy of the application shall be submitted to the Chief of Police.
(d) The applicant must be qualified according to the provisions of this chapter.
(e) If a person who wishes to operate an adult entertainment establishment is an individual, he or she must sign the application for a license as the applicant. If a person who wishes to operate an adult entertainment establishment is other than an individual, each individual who has a twenty percent or greater interest in the business must sign the application for a license as the applicant. Each applicant must be qualified under Section 785.05 and each applicant shall be considered a licensee if a license is granted.
(Ord. 6-2001. Passed 4-12-01.)
(a) The Planning Commission shall approve the issuance of a license to an applicant by the Village of Perry Inspector, unless the Planning Commission finds, based upon information received by the Chief of Police, the Village of Perry Inspector or other Village official or agent, that one or more of the following are true:
(1) An applicant is under eighteen years of age.
(2) An applicant or an applicantspouse is overdue in payment to the Village of Perry of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicantspouse in relation to an adult entertainment establishment.
(3) An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant or an applicantspouse has been convicted of a violation of a provision of this Chapter, other than the offense of operating an adult entertainment establishment without a license, within two years immediately preceding the application.
(5) The license fee required by this Chapter has not been paid.
(6) An applicant has been employed in an adult entertainment establishment in a managerial capacity within the preceding twelve months and has demonstrated an inability to operate or manage an adult entertainment establishment premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
(7) An applicant or the proposed establishment is in violation of, or is not in compliance with, this Chapter.
(8) An applicant or an applicantspouse has been convicted of a crime:
A. Involving any of the following offenses:
1. Prostitution;
2. Promotion of prostitution;
3. Aggravated promotion of prostitution;
4. Compelling prostitution;
5. Obscenity;
6. Sale, distribution or display of harmful material to a minor;
7. Sexual performance by a child;
8. Possession of child pornography;
9. Public lewdness;
10. Indecent exposure;
11. Indecency with a child;
12. Sexual assault or aggravated sexual assault;
13. Incest, solicitation of a child or harboring a runaway child; or
14. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses;
B. For which:
1. 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;
2. 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 a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period.
(9) An applicant proposes a site, which is within 1,000 feet of a residence, school, park or church.
(10) An applicant fails to comply with the laws of the Ohio, State statues, additional codes or Federal laws.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or the applicantspouse.
(c) An applicant who has been convicted of, or whose spouse has been convicted of an offense listed in paragraph (a) (8) hereof may qualify for an adult entertainment establishment license only when the time period required by this section has elapsed.
(d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the adult entertainment establishment. The license shall be posted in a conspicuous place at or near the entrance of the adult entertainment establishment so that it may be easily read at any time.
(Ord. 6-2001. Passed 4-12-01.)
(a) An applicant or licensee shall permit representative of the Village Police, the Perry Township Fire Department, the Perry Village Engineer, the Lake County Heath Department or any other department of the Village of Perry; County of Lake, or State of Ohio government to inspect the premises of an adult entertainment establishment for the purpose of insuring compliance with the law at any time it is occupied or open for business.
(b) A person who operates an adult entertainment establishment, or his or her agent or employee, commits an offense if he or she refuses to permit a lawful inspection of the premises by those individuals set forth in Section 785.07(a), supra, at any time it is occupied or open for business.
(Ord. 6-2001. Passed 4-12-01.)
Each license shall expire one year from the date of issuance and may be renewed only by making an application as provided in Section 785.04. Applications for renewal should be made at least thirty days before the expiration date, and when made less than thirty days before the expiration date, the expiration of the license will not be affected. It is the responsibility of the permit holder to apply for renewal.
(Ord. 6-2001. Passed 4-12-01.)
The Village of Perry shall suspend a license for a period not to exceed thirty days if it is determined that a licensee or an employee of a licensee has:
(a) Violated or is not in compliance with this chapter;
(b) Engaged in excessive use of alcoholic beverages while on the adult entertainment establishment premises;
(c) Refused to allow an inspection of the adult entertainment establishment premises as authorized by this Chapter;
(d) Knowingly permitted gambling by any person on the adult entertainment establishment premises;
(e) Demonstrated an inability to operate or manage an adult entertainment establishment in a peaceful and law-abiding manner, this necessitating action by law enforcement officers; or,
(f) Violated any Village of Perry, State or Federal law.
(Ord. 6-2001. Passed 4-12-01.)
(a) The Village of Perry shall revoke a license if a cause of suspension, as set forth in Section 785.09, occurs and the license has been suspended within the preceding twelve months.
(b) The Village of Perry shall revoke a license if it is determined that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) A licensee or an employee has knowingly allowed the possession, use or sale of controlled substances on the premises;
(3) A licensee or an employee has knowingly allowed prostitution on the premises;
(4) A licensee or an employee knowingly operated the adult entertainment establishment during a period of time when the licenseelicense was suspended;
(6) On two or more occasions within a twelve-month period, a person or persons, in or on the licensed premises, committed a crime listed in Section 785.05(a)(8)A. for which a conviction has been obtained, and the person or persons were employees of the adult entertainment establishment at the time the crime was committed;
(7) A licensee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or sexual contact to occur in or on the licensed premises;
(8) A licensee is delinquent in payment to the Village of Perry or hotel occupancy taxes, income taxes or any other taxes or assessments which the Village of Perry imposes, or sales taxes related to the adult entertainment establishment; or
(9) A licensee or an employee has failed to comply with provisions of Section 785.07(b)
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the license.
(d) Paragraph (b) (7) hereof does not apply to adult motels as a ground for revoking the license unless the licensee or employee 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 Village of Perry revokes a license, the revocation shall continue for one year and the licensee shall not be issued an adult entertainment establishment license for one year from the date the revocation became effective. If, subsequent to revocation, the Village of Perry finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective. If the license was revoked under paragraph (b) (5) hereof, an applicant may not be granted another license until the appropriate number of years required under Section 785.05 (a) (8)(B) has elapsed.
(Ord. 6-2001. Passed 4-12-01.)
(a) If the Planning Commission denies the issuance of a license, it shall send to the applicant or licensee, by certified mail, return receipt requested, written notification of the denial.
(b) If the Planning Commission denies the issuance of a license based upon a provision of Section 785.13(a), the applicant or licensee whose application has been denied shall have the right to appeal to the Board of Zoning Appeals. An appeal accompanied by an application fee must be filed within thirty (30) days after receipt of the notice of denial. The Secretary of the Board of Zoning Appeals will place the appellantrequest on the Boardagenda for the next available meeting date.
(c) The Board of Zoning Appeals may waive the 1,000-foot separation regulation if all of the following findings are made:
(1) The proposed use will not be contrary to the public interest or injurious to nearby properties, and the spirit and intent of this chapter will be observed;
(2) The proposed use will not enlarge or encourage the development of a rowarea;
(3) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, nor will it interfere with any program of urban renewal; and,
(4) All applicable regulations of this chapter have been observed.
(d) Prior to granting such regulated use, the Board shall give due notice of receipt of any application under such consideration (notice of application) to all persons to whom any real property within 1,000 feet of the premises in question shall be assessed; to the occupants of all single, two, three and four-family buildings; to the managers of all multi-unit buildings over four families (who shall be requested to post such notice in an appropriate location within the multi-unit building); to all places within 1,000 feet; and to any neighborhood improvement organization known to exist in the area which has informed the Board in writing of its existence. Such notice shall be delivered by mail addressed to the respective owners. If the tenantname is not known, the term may be used.
(e) The Board, upon consideration of the public response and the factors listed in subsection (c) hereof, may recommend the granting of such license and shall refer the matter to Council.
(f) Upon consideration of such matter and the standards set forth in this chapter, Council may order the granting of such license by the affirmative vote of not less than a majority of its members, whereupon the Building Inspector shall issue a license in accordance with such order. In considering such appeal and such recommendation, the Board and Council may require additional data from the applicant reasonably related to the factors to be considered in taking action thereon. In cases where the recommendation of the Board is unfavorable to grant the appeal, no approval shall be given or order for permit issued except upon the vote of five members of Council.
(Ord. 6-2001. Passed 4-12-01.)
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