(a) It shall be unlawful for any person to operate a sexually oriented business or to conduct such services in the City of Xenia without a valid sexually oriented business license, issued by the city for the particular type of business, or to employ an employee as defined in § 858.01 who is not licensed as a sexually oriented business employee as provided by subsection (b) below of this section or who is not authorized to work or perform services pursuant to subsection (c) below of this section.
(b) Except as provided in subsection (c) of this section, it shall be unlawful for any person to be an employee of a sexually oriented business in the City of Xenia without a valid license.
(c) An applicant, upon receipt by the City Manager of his or her application for a sexually oriented business employee license, may work or perform services without an employee license until such time as the license is granted or the decision to deny the license becomes final pursuant to § 858.10. Upon receipt of the applicant’s completed application for an employee’s license, the City Manager shall issue the applicant a temporary work permit. The applicant shall keep the temporary work permit on his or her person or on the premises where the applicant is then working or performing services, and produce such permit for inspection upon request by a law enforcement officer or other authorized city official.
(d) An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the City Manager an application made on a form prescribed and provided by the City Manager. The applicant shall be qualified according to the provisions of this chapter. The application shall be signed under oath by the applicant and notarized. The application shall contain the information called for in subsection (d)(1) through (11) below, accompanied by (e) and (g), and an authority to release information for a background check as in (f) as follows. All applications shall be accompanied by a non-refundable application fee. An application will be deemed completed when it contains the information required in this subsection.
(1) The full legal name and any other names used in the preceding ten years;
(2) Present residence and business addresses and telephone numbers, as applicable;
(3) Each residence and business addresses for the ten year period immediately preceding the date of filing of the application and the inclusive dates of each such address;
(4) If the application is for a sexually oriented business license, the name, business location, business mailing address and phone number of the proposed sexually oriented business;
(5) Height, weight, color of eyes and hair;
(6) The business, occupation or employment history for the five year period immediately preceding the date of the filing of the application;
(7) Information as to whether such individual or business has ever been refused any similar license or permit or has had any similar license or permit issued to such individual or business in Xenia or elsewhere revoked or suspended, and the reason or reasons therefore;
(8) All prior criminal convictions excepting minor traffic offenses;
(9) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation, and the names, residence addresses, and dates of birth of each of its current officers and directors and each stockholder holding more than five percent of the stock in the corporation. If the applicant is a partnership, the applicant shall set forth the names, residence addresses and dates or birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall furnish a copy of the certificate of limited partnership. If one or more of the partners is a corporation, the provisions of this section pertaining to corporations shall apply. The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required of an individual applicant under this chapter, but only one application fee shall be charged;
(10) If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to subsection (d)(1) through (11) of this section shall be supplemented in writing by certified mail, return receipt requested, to the City Manager within ten working days of a change of circumstances which would render the information originally submitted false or incomplete; and
(11) If a person who wishes to operate a sexually oriented business is an individual, he or she shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under § 858.04 and each applicant shall be considered a licensee if a license is granted.
(e) The application shall be accompanied by the following:
(1) Ohio driver’s license or state identification;
(2) Written proof of age, in the form of a certified copy of birth certificate, current Ohio drivers’ license with picture, or other picture identification document issued by a governmental agency;
(3) The applicant’s complete fingerprints, recorded by the Police Division; the cost of fingerprinting to be paid by applicant; and
(4) Two identical, passport-quality photographs of the applicant, approximately two inches by two inches in size, taken within the preceding month.
(f) The applicant shall sign an authority to release information giving permission to do a background check; the background check shall be paid for by the applicant(s).
(g) The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall 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 inches. Applicants who are required to comply with § 858.15 of this chapter shall submit a diagram meeting the requirements of § 858.15.
(h) The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the City Manager on a confidential basis, except that such information may be disclosed only to other governmental agencies in connection with a law enforcement or public safety function, or as may otherwise be required by law.
(Ord. 05-20, passed 5-12-2005)