CHAPTER 731
Nightclubs and Nightclub Promoters
Nightclubs and Nightclub Promoters
731.01
Definitions.
731.02
Nightclub permit required.
731.03
Requirements for the operation of an adult nightclub.
731.04
Requirements for the operation of a teen nightclub.
731.05
Multi-use facilities.
731.06
Special obligations and requirements.
731.07
Application for permit and fee.
731.08
Nightclub promoter permit required.
731.09
Action on application(s).
731.10
Inspections and investigations.
731.11
Display of permit.
731.12
Emergency temporary suspension by the Police or Fire Department.
731.13
Revocation of permit.
731.14
Records.
731.15
Deposits and use of fees.
731.16
Appeals.
731.17
Severability clause.
731.18
Remedies available to Law Director.
731.99
Penalty.
731.01 DEFINITIONS.
(a) "Nightclub" means a place operated for profit, where food is served for consumption on the premises and one or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by patrons. City-owned facilities and City-sponsored events are excluded from this definition.
(b) "Club premises" means any place where a nightclub is operated or maintained, including all hallways, bathrooms, parking areas and other adjacent portions of the premises which are accessible to the public during operating hours.
(c) "Adult Nightclub" means any nightclub which restricts its admissions to persons twenty-one years of age and over.
(d) "Teen Nightclub" means any nightclub which restricts its admissions to persons under twenty-one years of age.
(e) "Nightclub promoter" means any individual, partnership, corporation, or other entity or agent promoting any venue, performing artists, DJ, advertising services, or similar activities by contracting with a nightclub not owned and/or operated by the promoter. Notwithstanding the exclusion for city-owned facilities and city-sponsored events under the "nightclub" definition, those exclusions do not exist for this definition. All nightclub promoters will need to seek a permit per this Chapter.
(f) "Public Safety Incident" means any event or act that results in the police, fire, or emergency services department response that involves a threat to the health, safety, or welfare of any person or property.
(g) "Proof of insurance" shall mean:
(1) Workers Compensation Insurance as required by Ohio Law.
(2) General Liability Insurance in the amount of two million dollars ($2,000,000) per occurrence with an annual aggregate amount of at least four million dollars ($4,000,000).
(3) If there are any owned and non-owned or hired autos used in connection to the business then the nightclub will have Auto Liability Insurance including in the amount of at least one million dollars ($1,000,000) combined single limit.
(4) Umbrella or Excess Liability Insurance in the amount of at least one million dollars ($1,000,000).
(5) The nightclub should name The City of Sharonville (and any other entities related to the city that might be privy to the relationship) as additional insured on their policy and provide a Certificate of Insurance with The City named as the certificate holder.
(Ord. 2022-47. Passed 10-11-22.)
731.02 NIGHTCLUB PERMIT REQUIRED.
It is unlawful for any person to own, lease, operate, manage or maintain a nightclub in the City without first obtaining a nightclub permit from the City as set forth in this Chapter. A permit is required for any existing or future establishment. An existing nightclub may continue operations for two months following the adoption of this chapter as long as a proper permit application has been filed within thirty (30) days of the effective date of this chapter. Any nightclub which has not applied for a permit within the required time, or which does not ultimately qualify for a permit, shall cease operations immediately upon the expiration of the two (2) month period, or upon denial of a permit application, whichever comes earlier.
(Ord. 2022-47. Passed 10-11-22.)
731.03 REQUIREMENTS FOR THE OPERATION OF AN ADULT NIGHTCLUB.
(a) Only persons over the age of twenty-one (21) years shall be permitted to enter or remain on the premises of an adult nightclub, except for entertainers and employees/contractors hired by the owner to work in the club.
(b) The club may operate any day of the week and shall close no later than 2:30 a.m.
(c) Proof of insurance that has coverage equal to or exceeding the requirements listed under Section 731.01(g).
(d) Any other requirements as provided in this Chapter.
(Ord. 2022-47. Passed 10-11-22.)
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