(a) An original or renewal application for a sexually oriented business license shall be submitted to the Sunbury Village Council or its designee on a form provided by the Sunbury Village Council. The Village of Sunbury's application may require and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the Village of Sunbuty to determine whether the applicant meets the qualifications established in this chapter.
(b) A filing fee shall be paid at the time of filing the application, as follows:
(1) Business initial filing fee: $250.00*
(2) Annual business license renewal fee: $100.00*
*Fees associated with the processing of the license application or annual business license renewal fee are non-refundable. A portion of the fee associated with administering the license will be refunded if the initial license or annual renewal license is denied.
(c) An application for a sexually oriented business license shall identify and be signed by the following persons:
(1) If the business entity is owned by an individual, that individual.
(2) If the business entity is owned by a corporation, each Officer or Director of the corporation, any individual owning or controlling more than fifty percent (50%) of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed sexually oriented business.
(3) If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, who will be principally responsible for the operation of the proposed sexually oriented business.
(d) An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this Ordinance, and shall be considered a licensee if a license is granted.
(e) An application for a sexually oriented business license shall be completed according to the instructions on the application form, which shall require the following:
(1) If the applicant is:
A. An individual, state the legal name and any aliases of such individual; or
B. A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; or
C. A joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, state the complete name of the organization and provide a copy of the legal document establishing the organization, if any; or
D. A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacities of all Officers and Directors, 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 sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
(3) State whether any applicant has been convicted of a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
(4) State whether any applicant has had a previous license under this chapter or other similar regulation of another 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 state whether the applicant has been a partner in a partnership or an officer, or fifty percent (50%) or greater owner of a corporation licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
(6) State the location of the proposed sexually oriented business, including a legal description of the property (i.e., permanent parcel number), street address, and telephone number(s), if any.
(7) State the mailing address and residential address of each applicant and each person signing the application.
(8) Submit a recent photograph of each applicant who is a natural person, taken by the State of Ohio or the Delaware County Sheriffs Office that clearly shows the applicant's face.
(9) Submit the fingerprints of each applicant who is a natural person, recorded by the Delaware County Sheriff's Office.
(10) For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.
(11) State the driver's license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant's federally issued tax identification number.
(12) Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
(13) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. 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.
(14) The above-required disclosures facilitate the police investigation into the applicant's criminal background regarding crimes of a sexual nature so that the Village of Sunbury can determine whether this chapter’s civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with this chapter’s licensing and permitting requirements.
(15) The information gathered pursuant to the above provisions constitutes protected private information and is exempt from Ohio's Public Records Act in accordance with the decision of the Sixth Circuit Court of Appeals in Deja Vu of Cincinnati v. Union Township (6th Cir. 2005), 411 F.3d 777. (Ord. 2011-17. Passed 7-6-11.)