(a) Any person who wishes to operate a sexually oriented business within the City must make application for a license under this Section. A person operating a sexually oriented business prior to the effective date of this ordinance must apply for such a license within sixty (60) days of the effective date.
(b) An application for a license must be made on a form provided by the City. An individual who wishes to operate a sexually oriented business shall sign the application for a license. An entity that wishes to operate a sexually oriented business shall file an application for a license signed by an authorized representative of the entity.
(c) The completed application shall contain the following information and shall be accompanied by the documents indicated:
(1) If the applicant is:
A. An individual, the individual shall state his or her legal name and any aliases;
B. A partnership, the applicant shall state the partnership's complete name, provide a copy of the legal document establishing the organization, the name and address of the statutory agent or other agent authorized to accept service of process, and the legal name and any aliases of each general partner;
C. A corporation, the applicant shall state the corporation's complete name, provide a copy of the legal document establishing the organization all trade names used by the corporation and the name and address of the statutory agent;
D. A limited liability company or limited liability partnership, the applicant shall state the name of the limited liability company or limited liability partnership, provide a copy of the legal document establishing the organization, the name and address of the agent for service of process, and the legal name and all trade names used by the limited liability company or limited liability partnership.
(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the applicant must state the sexually oriented business's fictitious name and evidence that the fictitious name has been registered with the Ohio Secretary of State.
(3) A sworn statement as to whether the applicant, or any officer, director, member or general partner of the applicant has, within the five- year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the name of the pertinent applicant or manager, the specified criminal act involved, the date of the conviction and the place of conviction.
(4) A sworn statement as to whether the applicant, or any officer, director, member or general partner of the applicant has had a previous license under this Chapter or other similar sexually oriented business regulations from another city, county, township or state denied, suspended or revoked within a five-year period immediately preceding the date of the application, including the name of the pertinent applicant or officer, director, member or general partner of the applicant, the name and location of the sexually oriented business for which the license was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, reason for the same and length of suspension.
(5) A sworn statement as to whether the applicant or any officer, director, member or general partner of the applicant holds any other permits and/or licenses under this Chapter or other similar sexually oriented business from another city, county, township or state and, if so, the name of the pertinent applicant, officer, director, member or general partner and the names and locations of such other licensed businesses.
(6) The type of sexually oriented business for which the applicant is filing a license application.
(7) The proposed location of the sexually oriented business, including a legal description of the licensed premises, and street address.
(8) Written proof of date of birth of any individual applicant.
(9) A sketch or diagram showing the configuration of the licensed 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 one foot.
(10) Written authorization for the completion of a criminal background check for each owner, operator, manager, officer, director, member or general partner of the applicant.
(11) A list of the names of all employees and independent contractors require to hold a permit under Section 707.09(a) to be employed upon the opening of the business.
(12) The application shall be sworn to be true and complete.
(d) In the event that the City Manager determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, or that information within the application is inaccurate, the City Manager shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete or correct the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(e) The applicant shall pay a non-refundable application fee of three hundred dollars ($300.00) at the time of filing an application pursuant to this Chapter to defray the administrative expenses associated with processing the application, including, but not limited to, any reasonable investigations associated therewith.
(f) The fact that a person possesses other types of State or City permits and/or licenses does not exempt that person from the requirement of obtaining a sexually oriented business license or qualify that person for a sexually oriented business license.
(g) Names and residential addresses gathered pursuant to the above provisions constitute protected private information. As such and in accordance with , Déjà Vu of Nashville, Inc. v. Metropolitan Government of Nashville, 274 F.3d 377 (Sixth Circuit, 2001), they are exempt from Ohio's Public Records Act.
(Ord. 19-85. Passed 3-26-19.)
(Ord. 19-85. Passed 3-26-19.)