(a) It is unlawful:
(1) For any person to establish and operate a sexually oriented business after the effective date of this Chapter without a valid sexually oriented business license issued by the City pursuant to this Chapter;
(2) For any person who establishes and operates a sexually oriented business after the effective date of this Chapter to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this Chapter;
(3) For any person to obtain employment with a sexually oriented business after the effective date of this Chapter without having secured a sexually oriented business employee license pursuant to this Chapter;
(4) Beginning on the one hundred eightieth (180th) day after enactment of this Chapter for any person to continue to operate a sexually oriented business already in operation on the effective date of this Chapter without a valid sexually oriented business license pursuant to this Chapter;
(5) Beginning on the one hundred eightieth (180th) day after the effective date of this Chapter for any person operating a sexually oriented business in operation at the time of the enactment of this Chapter to employ a person to work for the sexually oriented business who is not licensed as a sexually oriented business employee by the City pursuant to this Chapter;
(6) Beginning on the one hundred eightieth (180th) day after the effective date of this Chapter for any person working as an employee of a sexually oriented business on the effective date of this Chapter to continue such employment without having secured a sexually oriented business employee license pursuant to this Chapter.
(b) Application for a business or employee license must be made on a form provided by the City. For purposes of this Chapter, the responsibility for conducting any investigation, receiving and processing any application, and issuing or denying any license required under this Chapter shall be the City Planning and Zoning Officer and/or his assistant.
(c) All applicants must be qualified according to the provisions of this Chapter. The application may request and the applicant shall provide such information as to enable the City to determine whether the applicant meets the qualifications established in this Chapter.
(d) If a person who wishes to operate a sexually oriented business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a ten percent (10%) or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
(e) The completed application for a sexually oriented business license 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 aliases and submit proof that he/she is at least 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, the type or classification of the corporation, evidence that the corporation is in good standing under the laws of its state of incorporation and qualified and authorized to conduct business in Ohio, the names and capacity of all officers, directors and principal stock-holders and the name of the registered corporate agent and address of the registered office for service of process;
D. Any entity other than a partnership or corporation, the entity shall submit the information required in subsection (e)(3), (4), (5), (6), (7), (8), (9) and (10) hereof for each person exercising control over the entity.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, he or she must state the sexually oriented business’s fictitious name and submit the required registration documents.
(3) Whether the applicant, or a person residing with the applicant, has been convicted of a “specified criminal activity” as defined in this Chapter, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(4) Whether the applicant, or a person residing with the applicant has had a previous license under this Chapter or other similar sexually oriented business chapter from another municipality, county or jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business 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 a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this Chapter whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) Whether the applicant or a person residing with the applicant holds any other licenses under this Chapter or other similar sexually oriented business ordinance from another municipality, county or jurisdiction and, if so, the names and locations of such other licensed businesses.
(6) The specific classification of sexually oriented use for which the applicant is filing, along with a detailed description of each and every activity encompassed by the proposed sexually oriented use, which description shall thoroughly demonstrate compliance with all provisions of this Chapter.
(7) The location of the proposed sexually oriented business, 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 recent photograph of the applicant(s).
(10) The applicant’s driver’s permit number, social security number, and/or his/her state or federally issued tax identification number.
(11) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. 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.
(12) If an applicant wishes to operate a sexually oriented business, which shall exhibit on the premises, in a viewing room or booth of less than one hundred fifty (150) square feet of floor space, films, video cassettes, other video reproductions, or live entertainment which depict “specified sexual activities” or “specified anatomical areas”, then the applicant shall also comply with the application requirements set forth this Chapter.
(14) An infectious plan to protect employees and the public from bodily fluids of infectious contamination. A copy of the plan shall be attached to the application and shall be OSHA (Occupational Safety & Health Act) compliant.
(f) Before any applicant may be issued a sexually oriented business employee license, the applicant shall submit on a form to be provided by the City the following information:
(1) The applicant’s name or any other name (including “stage” names) or aliases used by the individual;
(2) Age, date and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number;
(5) Present business address and telephone number;
(6) Date, issuing state and number of driver’s license or other identification card information;
(7) Social security number; and
(8) Proof that the individual is at least eighteen (18) years of age.
(g) Attached to the application form for a sexually oriented business employee license as provided above, shall be the following:
(1) At the time the application is filed, the City will take a color photograph of the applicant clearly showing the applicant’s face, which photograph shall be used to complete the criminal background check required by this chapter.
(2) A statement detailing the license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, municipality, state, or country any business or has ever had a license, permit, or authorization to do business denied, revoked or suspended, or had any professional or vocational license or permit 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. A copy of any order of denial, revocation, or suspension shall be attached to the application.
(3) A statement whether the applicant has been convicted of a specified criminal activity as defined in this Chapter and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
(4) A statement acknowledging that the employee has reviewed the infections control plan adopted by the sexually oriented business.
(h) Any and all sexually oriented businesses in operation within the City, as of the effective date of this Chapter, must apply for the required licenses, and pay any applicable license fees under this Chapter within five (5) months after the effective date of this Chapter and furthermore must come into full compliance with this Chapter within six (6) months after the effective date of this Chapter.
(i) To the extent permitted by law, all applications for licenses required by this Chapter, and materials submitted therewith, shall be maintained by the City in a confidential file which shall not be made available to the public, except that all sexually oriented business licenses shall be available for public inspection.
(Ord. 020219-15. Passed 2-20-02.)
(Ord. 020219-15. Passed 2-20-02.)