(a) An application for a sexually oriented business registration, or the renewal thereof, shall be made in writing to the City Manager on a form prescribed by the City Manager and shall be signed by:
(1) The applicant, if the applicant is an individual;
(2) At least one of the persons entitled to share in the profits of the organization and having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the applicant is a partnership (general or limited), joint venture, or any other type of organization; or
(3) By a duly authorized agent, if the applicant is a corporation. Each application shall specifically identify the applicant and the registered premises for which a sexually oriented business registration is sought. No such registration shall be sought unless and until the Planning and Zoning Commission approves the location of the establishment in accordance with the provisions of Chapters 1272 and 1286, and such approval by the Planning and Zoning Commission shall be null and void and of no effect whatsoever if the applicant for a sexually oriented business registration is unable to satisfy the requirements of this chapter and obtain a sexually oriented business registration.
(b) Every applicant for a sexually oriented business registration shall pay an administrative processing fee in the amount of three hundred dollars ($300.00). This fee shall in all cases be non-refundable.
(c) Required Information and Documents.
(1) Names of applicants.
A. Individuals. The applicant's legal name, all of the applicant's aliases, the applicant's business address and social security number, written proof of the applicant's age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant's naturalization.
B. Corporations. The applicant corporation's complete name and official business address; the legal name, all aliases, and the ages, business addresses, and social security numbers of all the directors, officers, and managers of the corporation and of every person owning or controlling more than 50 percent of the voting shares of the corporation; the corporation's date and place of incorporation and the objects for which it was formed; proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Ohio; and the name of the registered corporate agent and the address of the registered office for service of process.
C. Partnerships (general or limited), joint ventures or any other type of organization where two or more persons share in the profits and liabilities of the organization: The applicant organization's complete name, all aliases and the ages, business addresses and social security numbers of each partner (other than limited partners) or any other person entitled to share in the profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization.
(2) The general character and nature of the business of the applicant.
(3) The location, including street address and legal description, and telephone number of the premises for which the sexually oriented business registration is sought.
(4) The specific name of the business that is to be operated under the sexually oriented business registration.
(5) The identity of each fee simple owner of the registered premises.
(6) A diagram showing the internal and external configuration of the registered premises, including all doors, windows, entrances, exits, the fixed structural internal features of the registered premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature or an engineer's or architect's blueprint shall not be required; provided, however, that each diagram shall be oriented to the north or to some designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clear compliance with the provisions of this chapter. The requirements of this paragraph shall not apply for renewal applications if the applicant adopts a diagram that was previously submitted for the registration sought to be renewed and if the registrant certifies that the registered premises has not been altered since the immediately preceding issuance of the registration and that the previous diagram continues to accurately depict the exterior and interior layouts of the registered premises. The approval or use of the diagram required pursuant to the paragraph shall not be deemed to be, and shall not be interpreted or construed to constitute, any other City approval otherwise required pursuant to applicable City ordinances and regulations.
(7) The specific types or types of sexually oriented business(es) that the applicant proposes to operate in the registered premises.
(8) A copy of each sexually oriented business registration, liquor license, and gaming registration currently held by the applicant or any of the individuals identified in the application.
(9) The name of the individual or individual who shall be the day-to-day, on-site managers of the proposed sexually oriented business.
(10) Any application for a sexually oriented business registration that does not include all of the information and documents required pursuant to this section shall be deemed to be incomplete and shall not be acted on or processed by the City. The City Manager, or his or her designee, shall, within five business days of such submittal, return the incomplete application to the applicant along with a written explanation of the reasons why the application is incomplete.
(Ord. 2003-46. Passed 5-20-03.)