(a) Original and renewal permits for an adult entertainment facility shall be required and governed by the procedures and policies specified in this chapter.
(b) No adult entertainment facility shall operate without first obtaining a valid adult entertainment facility permit issued by the City for the particular type of business classification sought to be operated. No person shall operate or cause to be operated an adult entertainment facility without first obtaining said permit; engage a person as an adult entertainment facility employee or independent contractor who is not authorized to work or perform services pursuant to this chapter; or operate an adult entertainment facility which has a permit which is either under suspension, has been revoked or has expired.
(c) The Chief of Police, or his or her designee is responsible for granting, denying, revoking, renewing and suspending adult entertainment facility permits for a proposed or existing adult entertainment facility.
(d) The Division of Police is responsible for obtaining information on whether an applicant has been convicted of a specified criminal act during the time period set forth.
(e) Any person desiring to operate an adult entertainment facility shall file with the office of the City Manager an original and two copies of a sworn application on a standard application form to be provided by the City. If a person who wishes to operate an adult entertainment facility is an individual, he or she shall sign the application as an applicant. If an entity wishes to operate an adult entertainment facility, the entity shall file an application with an authorized representative signing for the entity. In addition, each manager of the entity shall also sign the application for a permit. Each applicant must be qualified under this chapter and each applicant shall be considered a permittee if an adult entertainment facility permit is granted.
(f) 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; further, if the applicant intends to operate the business as a sole proprietorship, the applicant shall list the name under which he or she intends to do business;
B. Representing a partnership, the applicant shall state the partnership's complete name, whether the partnership is a general or limited partnership, 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 partner, and shall provide a copy of the partnership agreement, if any, and the legal name and any aliases of each manager.
C. Representing a corporation, the applicant shall state the corporation's complete name, provide the name of the registered corporate agent and the address of the registered office for service of process, provide evidence that the corporation is in good standing under Ohio law and the law of incorporation if other than Ohio, the names and capacity of all officers, directors and controlling stock holders, and the legal name and any aliases of each manager.
D. Representing a limited liability company, the applicant shall state the limited liability company's name, the name of the registered company agent and the address of the registered office for service of process, provide evidence that the company is in good standing under Ohio law and the law of the state where it was formed, if other than Ohio, the names and capacity of all officers, directors and controlling members and managers, and the legal name and any aliases of each manager.
E. Representing a limited partnership, the applicant shall state the limited partnership's name, the name of the registered company agent and the address of the registered office for service of process, provide evidence that the company is in good standing under Ohio law and the law of the state where it was formed, if other than Ohio, the names and capacity of all general partners, officers, directors and controlling members and managers, and the legal name and any aliases of each manager.
(2) If the applicant intends to operate the adult entertainment facility under a name other than that of the applicant, applicant must state the adult entertainment facility's fictitious name.
(3) Whether the applicant, including any manager, has, within the two or five-year period specified in Section 812.07(c)(1)F., 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) Whether the applicant, including any manager, has had a previous adult entertainment facility permit under this chapter or other similar adult entertainment facility titles from another city, county, township or state denied, suspended or revoked within a two-year period immediately preceding the date of the application, including the name of the pertinent applicant or manager, the name and location of the adult entertainment facility for which the permit 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) Whether the applicant, including any manager, holds any other permits and/or licenses under this chapter or other similar adult entertainment facility title from another city, county, township or state and, if so, the name of the pertinent applicant or manager and the names and locations of such other permitted businesses.
(6) The single classification of adult entertainment facility for which the applicant is filing an application.
(7) The location of the proposed adult entertainment facility, including a legal description of the permitted premises, street address, and telephone number(s), if any.
(8) The mailing address and residential address of each applicant, including any manager.
(9) Written proof of date of birth of any individual applicant, including any manager.
(10) A zoning certificate from the City of Vandalia indicating that the adult entertainment facility is in compliance with the Vandalia Zoning Code.
(11) The application shall be sworn to be true and correct by each applicant
(g) Applicants for an adult entertainment facility permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any material way from what is stated on the application, including all information pertaining to managers. This requirement applies even after a permit has been issued. The failure to comply with said continuing duty within 20 days from the date of such change, by supplementing the application on file with the City, shall be grounds for suspension of a permit.
(h) In the event that the Chief of Police determines or learns at any time that the applicant has improperly completed the application, he or she shall promptly notify the applicant of such fact and allow the applicant ten days to properly complete the application. The time period for granting or denying an adult entertainment facility permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(i) The applicant shall pay a non-refundable application fee as established by City Council from time to time 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. The initial application fee shall be two hundred dollars ($200.00).
(j) 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 an adult entertainment facility permit or qualify that person for an adult entertainment facility permit.
(k) The applicant shall be required to provide the City with the names of any and all employees and independent contractors who are required to be licensed pursuant to Section 812.14 before they commence working. A license application filed by the employee or independent contractor with the City before beginning work shall be deemed in compliance with this provision. This shall be a continuing requirement, even after a permit is granted or renewed, so long as the adult entertainment facility is in operation.
(l) All information obtained pursuant to this chapter shall be maintained as confidential to the extent permitted by law.
(Ord. 08-13. Passed 6-16-08.)