(a) Required Form. An application for a sexually oriented business license or renewal thereof, shall be made in writing tot he Sexually Oriented Business Use Commissioner on a form prescribed by the Sexually Oriented Business Use Commissioner 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 having unlimited personal liability for the obligations of the organization and the right to bind all other such persons, if the application 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 licensed premises for which a sexually oriented business license is being sought. Ten identical copies shall accompany each initial or renewal application.
(b) Administrative Processing Fee. Every applicant for a sexually oriented business license shall pay an administrative processing fee in the amount of $100.00 (One Hundred Dollars). The administrative processing fee shall in all cases be non-refundable.
(c) Required Information and Documents. Each application shall include the following 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 (driver’s license) of the applicant’s age (date of birth) proof that the applicant is at least 18 years if age, the citizenship and place of birth of the applicant and, if a naturalized citizen, the time and place of the applicant’s naturalization, and the applicant’s federally issued tax identification number.
B. Corporations. The applicant’s corporation’s complete name and official business address, legal name, all aliases and the ages, business addresses, and social security numbers of all directors, officers, and managers of the corporation and of every person owning or controlling more than 20% 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, limited liability companies or any other type of organization where two or more persons share in the profits and liabilities of the organization. The applicant’s organization’s complete name and official business address, the legal name, all aliases, and the ages, business addresses and social security numbers of each partner (including 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 license is sought.
(4) The specific name of the business that is to be operated under the sexually oriented business license
(5) The identity of each fee simple owner of the licensed premises.
(6) A diagram showing the internal and external configuration of the licenses premises, including all doors, windows, entrances, exits and the fixed structural internal features of the licensed premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required; provided, however, that each diagram shall be oriented tot he north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clear compliance with the provision of this chapter. The requirements of this division shall not apply for renewal application if the applicant adopts a diagram that was previously submitted for the license sought to be renewed and if the licensee certifies that the licenses premises has not been altered since the immediately preceding issuance of the license and that the previous diagram continues to accurately depict the exterior and interior layouts of the licenses premises. The approval or use of the diagram required pursuant to this division shall not be deemed to be, and shall not be interpreted or construes to constitute, any other Village approval otherwise required pursuant to applicable ordinances and regulations.
(7) The specific type or types of sexually oriented business that the applicant proposes to operate in the licensed premises.
(8) A copy of each sexually oriented license, liquor license, and gaming license currently held by the applicant or any of the individuals identified in the application.
(9) The name of the individual or individuals who shall be the day-to-day, on- site managers of the proposed sexually oriented business.
(10) Whether the applicant has been convicted of a specified criminal activity as defined in this ordinance, and if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
(11) Whether the applicant has had a previous license under this ordinance or other similar sexually oriented business ordinance from any other village, city or county denied, suspended, or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant has been a partner in a partnership an officer, director or principal stockholder of a corporation that is licenses under this ordinance 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 the denial, suspension or revocation.
(12) A current and straight-line drawing prepared within thirty (30) days prior to application by a registered land surveyor depicting the property lines and the structures containing any existing sexually oriented business within 1,000 feet of the property to be certified; the property lines of any established residential use or district, school, preschool, daycare, place of worship, synagogue, park, library, federal, state, county, township or village building, or other civic use or public use (within the Village of Shawnee Hills jurisdiction), any commercial establishment selling beer or alcohol for consumption on the premises, or any hotel or motel within 1,000 feet of the property to be certified. For the purposes of this Section, a use shall be considered existing or established at the time an application is submitted.
(13) Any application for a sexually oriented business license 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 Village. The Sexually Oriented Business Use Commissioner shall, within five days of such submittal, return the incomplete application tot he applicant along with a written explanation of the reasons shy the application is incomplete.
(Ord. 18-2001. Passed 10-22-01.)