(a) No adult entertainment and/or sexually oriented business or club shall be permitted to operate without a valid adult entertainment and/or sexually oriented business or club permit issued by the City for the particular type of business or club. No person shall operate or cause to be operated an adult entertainment and/or sexually oriented business or club without said permit. Whoever violates this section shall be subject to the criminal penalties outlined in Section 795.05 and an injunction under Section 795.07.
(b) The Mayor is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business or club permits for a proposed or existing sexually oriented business or club pursuant to Sections 795.11, 795.14, 795.15, and 795.16. The Mayor is also responsible for ascertaining whether a proposed adult entertainment and/or sexually oriented business or club for which a permit is being applied for complies with all location requirements of Sections 795.03, 795.05 and 795.06, which includes any building or use referred to in Section 795.02(j), (k), (l), (m), (n), and all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter in the City and the City Comprehensive Plan.
(c) An application for a permit must be made on a form provided by the City of Reynoldsburg Development Department. Any person desiring to operate an adult entertainment and/or sexually oriented business or club shall file with the City of Reynoldsburg Development Department an original and two (2) copies of a sworn permit application.
(d) The completed application shall contain the following information and shall be accompanied by the following documents:
(1) If the applicant is:
A. An individual, the individual shall state his/her legal name and any alias and submit satisfactory proof that he/she is eighteen (18) years of age;
B. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;
C. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Ohio, the names and capacity of all officers, directors and principal stockholders, and 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 and/or sexually oriented business or club under a name other than that of the applicant; he must state:
A. The adult entertainment and/or sexually oriented business or club's fictitious name; and
B. Submit the required registration documents.
(3) Whether the applicant or any of the individuals listed pursuant to Section 795.09 has, within the two (2) or five (5) year period as specified in Section 795.11 immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.
(4) Whether the applicant or any of the other individuals pursuant to Section 795.09 and or licenses of this chapter has had a previous permit under ordinance or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the adult entertainment and/or sexually oriented business or club for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to Section 795.09 has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked, including the name and location of the adult entertainment and/or sexually oriented business or club for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) Whether the applicant or any other individual listed pursuant to Section 795.09 holds any other permits and/or licenses under this chapter or other similar adult entertainment and/or sexually oriented business ordinance from another city or county and, if so, the names and locations of such other permitted businesses or clubs.
(6) The single classification of permit for which the applicant is filing.
(7) The location of the proposed adult entertainment and/or sexually oriented business or club, including a legal description of the property, street address and telephone number(s), if any.
(8) The applicant's mailing address and residential address.
(9) A photograph taken within thirty (30) days of the date of application of the applicant(s).
(10) The applicant's driver's license number, social security number, and or his/her state or federally issued tax identification number.
(11) The application shall be sworn to be true and correct by the applicant.
(12) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business or club. 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 (6) inches.
(13) The applicant shall bear the cost of a current certificate and straight-line drawing prepared within thirty (30) days prior to application by an Ohio registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within five hundred (500) feet of the property to be certified; the property lines of any building or use referred to in Section 795.02(j), (k), (l), (m), (n) within a five hundred (500) feet radius from the outermost wall of the structure or proposed structure of the sexually oriented business to the property line, along the shortest possible course, without regard to intervening structures or objects, regardless of any customary or common route or path of travel any residentially zoned area or residential property. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. Section 795.03(b) is excepted from this requirement.
(14) If a person who wishes to operate an adult entertainment and/or sexually oriented business or club is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate an adult entertainment and/or sexually oriented business or club is other than an individual, each individual who has a ten (10) percent or greater interest in the business or club must sign the application for a permit as applicant. If a corporation is listed as owner of an adult entertainment and/or sexually oriented business or club or as the entity which wishes to operate such business or club, each individual having a ten (10) percent or greater interest in the corporation must sign the application for a permit as applicant.
(15) If a person wishes to operate an adult entertainment and/or sexually oriented business or club which shall exhibit on the premises films, video cassettes, or other video reproductions that depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at Section 795.20 et seq.
(g) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change by supplementing the application on file with the Mayor, shall be grounds for suspension of a permit.
(h) In the event that the Mayor determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment and/or sexually oriented business or club, the Mayor shall promptly notify the applicant for such fact and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(i) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.
(j) The applicant shall be required to pay a non-refundable application fee of five hundred dollars ($500.00) at the time of filing an application under this section.
(k) Prior to obtaining any permit or license to operate an adult entertainment and/or sexually oriented business or club defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the City or its designee a certification that the proposed location of such business or club complies with the location requirements of Sections 795.02(j), (k), (l), (m), (n), 795.05 and 795.06.
(l) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirements of obtaining an adult entertainment and/or sexually oriented business or club permit.
(m) By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Mayor, the Reynoldsburg Division of Police and all other City agencies charged with enforcing the laws, ordinances and codes applicable in the City of their respective responsibilities under this chapter.
(n) The applicant shall be required to provide the City with the names of any and all employees who are required to be licensed pursuant to Section 795.19. This shall be a continuing requirement even after a permit is granted or renewed.
(Ord. 116-99. Passed 9-20-99. Ord. 17-2021. Passed 2-22-21.)