EDITOR'S NOTE: Former Chapter 719, consisting of Sections 719.01 to 719.11 and 719.99, was repealed by Ordinance 74-86, passed December 1, 1986. See Ohio R.C. 2915.08 et seq., for relevant provisions.

701.01 PURPOSE AND INTENT; FINDINGS OF FACT.

(a) Purpose and Intent. It is the purpose of this chapter to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City of Fairborn, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene material. rather, This chapter is intended to provide for the proper location of adult uses in order to protect the integrity of adjacent neighborhoods, educational uses, religious uses, parks and other areas where large numbers of minors regularly travel or congregate, and the quality of urban life. Proper separation of adult uses prevents the creation of “skid-row” areas in the City of Fairborn, Ohio that results from the concentration of these uses and their patrons. It is the intent of this chapter to limit the secondary effects of adult uses. The standards in this chapter are intended to ensure that residential districts, religious uses, educational uses, parks and other areas where large numbers of minors regularly travel or congregate are located in areas free from the secondary effects of adult uses. The location of residential districts, religious uses, educational uses, parks and other areas where large numbers of minors regularly travel or congregate within viable, unblighted and desirable areas supports the preservation of property values and promotes the health, safety and welfare of the public.

(b) Findings of Facts. Based upon various studies done on the effects of adult uses on the quality of community life, the recognition of the United States Supreme Court and the courts of Ohio that a city’s regulation of the location of adult uses in order to preserve the quality of urban life constitutes a substantial government interest, and based upon the successful enactment and enforcement of similar ordinances throughout this state and other states, Council hereby finds that the enactment of a zoning ordinance to regulate the location of adult uses is a substantial government interest for the City of Fairborn in preserving the quality of urban life and that it is in the interest of the health, safety, morals, and general welfare of the citizens of Fairborn, Ohio that adult uses are regulated pursuant to the standards herein.

(Ord. 5-07. Passed 2-19-07.)

701.02 DEFINITIONS.

For purposes of this chapter, certain terms and words are defined as follows:

(a) "Adult uses or sexually oriented businesses" are those businesses defined as:

(1) “Adult arcade” means any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video tape players or dvd players, or (ii) other video or image-producing devices are available, run via coin, token or any form of consideration, to show images to five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(2) "Adult bookstore", "adult novelty store" or "adult video store" meaning a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues (25% or more in value and/or trade) or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:

A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein; the display of matter harmful to juveniles as defined in The Ohio Revised Code; or the pandering of obscenity as defined in The Ohio Revised Code.

B. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.

(3) "Adult cabaret" means a nightclub, bar, restaurant, "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

A. Persons who appear nude, semi-nude or in a state of nudity;

B. Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or

C. Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities” or "specified anatomical areas".

(4) "Adult motel" means a motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television. Evidence that a sleeping room in a hotel, motel, or a similar commercial building or structure has been rented and vacated two or more times in a period of time that is less than ten (10) hours creates a rebuttable presumption that the enterprise is an adult motel.

(5) "Adult motion picture theater" means a commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

(6) "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".

(7) "Escort agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

(8) "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas". The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program nor by any Licensed Massage Therapist licensed in the State of Ohio pursuant to the Ohio Revised Code.

(9) “Nude model studio” means Any place where a person who appears semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include:

A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.

B. A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

C. An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.

(10) "Sexual encounter establishment" means a business commercial establishment, that as one of its primary business or purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Note: An establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as “adult bookstore, adult novelty store, or adult video store” so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

(b) “Covering” means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomic area beneath it.

(c) "Employee" means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

(d) "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(e) "Establishment" means and includes any of the following:

(1) The opening or commencement of any sexually oriented business as a new business;

(2) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

(3) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

(4) The relocation of any such sexually oriented business.

(f) “Lap dance”, also known as a “straddle dance”, “face dance” or “flash dance”, means the use by an employee, whether clothed or partially or totally nude, of any part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of any employee by a person while at the establishment. It shall be a “lap dance” regardless of whether the “touch” or “touching” occurs while the employee is displaying or exposing any specified anatomical area. It shall also be a “lap dance” regardless of whether the “touch” or “touching” is direct or through a medium.

(g) “Nudity” or “state of nudity” or “nude” means exposing to view the genitals, pubic area, vulva perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or stimulates any of these anatomical areas.

(h) "Operator" means and includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

(i) "Permitted or licensed premises" means any premises that requires a license and/or permit and that is classified as a sexually oriented business.

(j) "Permittee and/or licensee" means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

(k) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity.

(l) “Private performance” means the display or exposure of any specified anatomical area by an employee at a sexually oriented business to a person other than another employee while the person is in an area within the establishment not accessible during such display to all other persons in the establishment, or while the person is an area in which the person is totally or partially screened or partitioned during such display from the view of all persons within the establishment.

(m) "Protected uses" are those uses listed below and defined as:

(1) "Public building" means any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

(2) "Public park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

(3) "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

(4) "Residential District or Use" means a single family, duplex, townhouse, multiple family, retirement or nursing home, or mobile home park or subdivision and campground as defined in the Zoning Code.

(5) "School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school.

(6) "Hotel" or "Motel".

(7) Establishment that sells alcoholic beverages either packaged, by the glass, or by other means.

(n) "Public use" means any use designed for the benefit and/or accommodation of the general public which is available to all persons, without restriction, regardless of whether or not a fee is charged for admission.

(o) “Semi-nudity” or “semi-nude condition” or “semi-nude” means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.

(p) "Specified anatomical areas" as used in this chapter means and includes any of the following:

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

(2) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(q) "Specified sexual activities" as used in this chapter means and includes any of the following:

(1) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(3) Masturbation, actual or simulated; or

(4) Human genitals in a state of sexual stimulation, arousal or tumescence; or

(5) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this subsection.

(r) "Specified criminal acts" are sexual crimes against children, sexual abuse, rape, gross sexual imposition, and other crimes connected with sexually oriented businesses including but not limited to distribution of obscenity or other material harmful to minors, pandering, prostitution, tax violations in connection with a sexually oriented business, or acts prohibited by the Ohio Revised Code.

(s) "Substantial enlargement of a sexually oriented business" means increase in the floor areas occupied by the business by more than fifteen percent (15%), as the floor areas exist on the effective date of this ordinance.

(t) "Transfer of ownership or control of a sexually oriented business" means and includes any of the following:

(1) The sale, lease or sublease of the business;

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means;

(3) The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death a person possessing the ownership or control.
(Ord. 5-07. Passed 2-19-07.)

701.03 ESTABLISHMENT AND CLASSIFICATION OF REGULATED BUSINESSES.

(a) Adult Uses shall be established only in identified industrial zoning districts where they may be permitted by conditional use approval. Such approval shall be subject to the restrictions as described in Chapter 1126 of the Zoning Ordinance and procedures for

conditional use approval as described in Section 1132.04.

(b) A sexually oriented business lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of a protected use within 1,000 feet of the sexually oriented business. This subsection does not apply to a business whose permit and/or license has expired or been revoked.

(c) Any establishment subject to the provisions of this chapter shall apply for a permit as provided under Section 701.04 within thirty days of the effective date of this ordinance.
(Ord. 5-07. Passed 2-19-07.)

701.04 SEXUALLY ORIENTED BUSINESS PERMIT REQUIRED.

(a) No sexually oriented business shall be permitted to operate without a valid sexually oriented business permit issued by the City. Operation of such a business without a permit is a misdemeanor.

(b) The City Manager, or his/her designee, is responsible for granting, denying, revoking, renewing, suspending, and canceling permits for proposed or existing sexually oriented businesses. To be approved, applications must comply with all locational and zoning requirements of this chapter and the Zoning and Building Codes of the City of Fairborn.

(c) Applications for permits must be made on a form provided by the City. Applicants must provide an original and two copies of a sworn application which must contain the following information and documents:

(1) If the applicant is:

A. An individual: The individual's legal name, aliases and written proof of age over 18 by birth certificate, drivers license or other picture identification document issued by a governmental agency; social security number, and fingerprints.

B. A partnership: The complete name, all partners' names, and a copy of any partnership agreement.

C. A corporation: its complete name; date of incorporation; names of all officers, directors and principal stockholders, name and address of its registered agent and evidence of good standing under Ohio law.

(2) The name of the sexually oriented business if different from the applicant's and any required registration documents.

(3) Whether the applicant or any individual listed in (c)(1) of this section has been convicted of a misdemeanor criminal act within five (5) years, immediately preceding the application date, or any felony regardless of the date of conviction, and, if so, the act involved and the date and place of the conviction.

(4) Whether the applicant or other listed individuals has had a sexually oriented business permit revoked, suspended, or denied and the name of the business, the city or county of occurrence and the date on which the permit was suspended, revoked, or denied.

(5) Whether the applicant or other listed individuals hold any other sexually oriented business permits and the names and locations of all other such businesses.

(6) The proposed location of the business including a legal description of the property including parcel identification number, street address and telephone number.

(7) The applicant's current business and residential addresses and telephone numbers. If the applicant has been at his/her/its current address for less than five years, then all business and resident addresses of the applicant for five years prior to the date of the application must be included. The applicant shall designate the dates he/she/it resided at each address.

(8) The applicant's driver's license number, social security number, tax identification number and recent photograph.

(9) A diagram drawn to scale and accurate to plus or minus six inches showing:

A. The configuration and total floor space of the premises.

B. The specific use or uses of all public and private areas within the premises, including but not limited to: patron seating areas, food and beverage preparation and service areas, stage areas, operator and management areas or rooms, restrooms, changing rooms, employee break areas or rooms, mechanical rooms and storage areas.

(10) A current certificate and accompanying drawing prepared within thirty (30) days prior to application by a registered land surveyor illustrating and certifying that the locational requirements for the proposed adult use as regulated by Section 1126.03 of the Zoning Code have been met.

(11) The application must be signed by the individual applicant, and each person who has at least a ten percent (10%) interest in the business. If a corporation is the applicant, then each person owning at least ten percent (10%) of the corporation stock must sign the application.

(12) A current city, county and state criminal records check that covers the time period from five years prior to the date of the application. If the applicant resided in a state other than Ohio during the five years prior to the date of application, current records checks from all other states of residence must be included. A current criminal records check is one completed not more than fourteen days prior to the date of the application.

(13) A signed release indicating the applicant's understanding that city, county and state criminal records checks, going back five years before the date of the application, will be performed for the applicant and each individual named in the application and verified by the City.

(d) Applicants are under a continuing duty to promptly update their application information. Failure to do so within thirty (30) days of the date of a change in application information shall be grounds for permit suspension.

(e) If the City Manager learns that an applicant improperly completed the permit application, the City Manager shall promptly notify the applicant and allow ten (10) days for correction.

(f) A one hundred dollar ($100.00) non-refundable application fee is due at the time the applicant files an application under this Section.

(g) Concurrent with obtaining a permit to operate a sexually oriented business, the applicant shall obtain a certification that the proposed location complies with the locational requirements of the Zoning Code.

(h) The possession of other types of state or city permits and/or licenses, including a liquor license, does not exempt an applicant from the requirement of obtaining a sexually oriented business permit.

(i) By filing an application under this Section, the applicant shall be deemed to have consented to the provisions of this chapter and to the investigation of the application by the City Manager and his/her designees.

(j) The applicant is required to provide the City with the names of all employees required to be licensed under Section 701.14. This obligation continues even after a permit is granted or renewed.

(k) A sexually oriented business permit may be renewed annually upon written application, subject to the payment of the annual permit fee required under Section 701.07 and that the permit holder is still in conformance with the permit requirements.

(Ord. 5-07. Passed 2-19-07.)

701.05 APPLICATION INVESTIGATION PROCESS.

Upon receipt of an application the City shall send photocopies of the application to all city/county agencies responsible for the enforcement of health, fire, building and zoning codes and laws. Each agency shall investigate the application for compliance with its respective code and approve or disapprove the application within sixty (60) days of the receipt of the application by the City. An agency shall disapprove an application if it finds that the business would be in violation of any provision of any statute, code, ordinance, regulation or other law in effect in the City and the reason(s) for disapproval must be stated.

(Ord. 5-07. Passed 2-19-07.)

701.06 ISSUANCE OF SEXUALLY ORIENTED BUSINESS PERMIT.

(a) An application shall be granted or denied within sixty (60) days from the date of its proper filing.

(b) Grant of Application for Permit:

(1) An application shall be granted unless one of the criteria of subsection (c) of this Section is met.

(2) The Permit shall state on its face the name of the person or persons to whom it is granted, the permit number, and the address of the sexually oriented business and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so it can be read at any time.

(1) An application may be denied for any of the following reasons:

A. An applicant is under eighteen (18) years of age.

B. An applicant or an applicant's spouse is overdue on the payment of City, County, State, Federal, or other political subdivision taxes, fees, fines, or penalties assessed in relation to a sexually oriented business.

C. An applicant has failed to provide information as requested in the application or has supplied false information.

D. The premises to be used are not in compliance with City health, fire, and/or building codes as determined by the City agency responsible for determining such compliance.

E. The one hundred dollar ($100.00) application fee has not been paid.

F. The proposed business does not comply with the locational requirements of Section 1126.03 of the Zoning Code.

G. To grant the application would violate a statute, ordinance or court order.

H. The applicant has a permit under this chapter which has been suspended or revoked.

I. The applicant has been convicted of a "specified criminal act" within the time limitation of Section 701.04(c)(3).

J. An applicant knowingly has in his/her employ an employee who does not have a valid license as required in Section 701.14.

(2) Applicants shall be promptly notified of an application denial and the reasons for denial.
(Ord. 5-07. Passed 2-19-07.)

701.07 ANNUAL PERMIT FEE.

The annual fee for a sexually oriented business permit is eight hundred fifty dollars ($850.00).
(Ord. 5-07. Passed 2-19-07.)

701.08 INSPECTION.

(a) Representatives of the City enforcement agencies, including, but not limited to, the City police department, fire department, building department and Greene County Health Department, shall be permitted to a sexually oriented business to determine compliance with their respective departments, at any time it is occupied or open for business.

(1) The failure to allow inspection is unlawful and is a misdemeanor.

(2) A permitee’s or an employee of a permitee’s knowing or intentional refusal to permit such an inspection shall constitute a violation of this section for purposes of license denial, suspension, and/or revocation. This section shall be narrowly construed by the City to authorize reasonable inspections of the licensed premises pursuant to this chapter, but not to authorize a harassing or excessive pattern of inspections.

(b) The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(Ord. 5-07. Passed 2-19-07.)

701.09 EXPIRATION OF PERMIT.

Each permit shall expire one year from the date of issuance and may be renewed by making an application under Section 701.04 at least sixty (60) days before the expiration date. If a renewal is denied, a new permit shall not be issued for one (1) year from the date of denial. If the basis for denial has been corrected and at least ninety (90) days have elapsed from the date the denial became final, a new permit may be granted.

(Ord. 5-07. Passed 2-19-07.)

701.10 SUSPENSION OF PERMIT.

A permit to operate a sexually oriented business may be suspended until the violation causing the suspension has been corrected, provided that the period is not to exceed thirty days, if a permittee or an employee of a permittee:

(a) Violates or is not in compliance with this chapter; or

(b) Works at the sexually oriented business while under the influence of alcohol; or

(d) Knowingly permits gambling or the sale and/or consumption of alcohol on the premises of the sexually oriented business; or

(e) Fails to correct a violation of a building, fire, health or zoning code within seven (7) days of notification of such violation; or

(f) Transfers the sexually oriented business permit to another in violation of this chapter; or

(g) Knowingly employs a person without a valid license as required in Section 701.14.
(Ord. 5-07. Passed 2-19-07.)

701.11 REVOCATION OF PERMIT.

(a) A permit to operate a sexually oriented business shall be revoked upon determination that either a permit is to be suspended for a second time within a twelve month period or that a permittee or employee of a permittee:

(1) Gave false or misleading information on the permit application which enhanced the permittee's opportunity to obtain a permit; or

(2) Knowingly allowed the possession, sale or use of a controlled substance and/or alcohol on the premises; or

(3) Knowingly allowed prostitution on the premises; or

(4) Knowingly operated the business while under permit suspension; or

(5) Has been convicted of a "specified criminal act" for which the time period required in Section 701.04(c)(3) has not elapsed;

(6) Committed a "specified criminal act" on the permitted premises on one or more occasions within a twelve month period while employed by the permit holder; or

(7) Has been convicted of tax violations for taxes or fees related to a sexually oriented business; or

(8) Allowed any act of sexual intercourse, sexual conduct or any other specified sexual activities to occur in or on the permitted premises; or

(9) Operated more than one sexually oriented business under a single roof.

(b) A permit shall be revoked for one year and a permittee shalt not receive any other permits for any other sexually oriented businesses during the one year revocation period. If the basis for revocation is corrected, the applicant may be granted a new permit if at least ninety (90) days have elapsed since the date the revocation became effective.

(Ord. 5-07. Passed 2-19-07.)

701.12 JUDICIAL REVIEW OF PERMIT DENIAL, SUSPENSION OR REVOCATION.

An applicant or permittee may seek review of a denial of an application, denial of a renewal of an application, suspension or revocation of a permit through the City Council. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek review of the administrative decision in the Greene County Court of Common Pleas.

(Ord. 5-07. Passed 2-19-07.)

701.13 TRANSFER OF PERMIT PROHIBITED.

(a) A permittee shall not operate a sexually oriented business at any place other than the address designated in the application for permit.

(b) A permittee shall not transfer a permit to another person.

701.14 SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE REQUIRED.

(a) All employees of a sexually oriented business who engage in the services rendered by a nude model studio, escort or escort agency, sexual encounter establishment, massage parlor, or a live performer or entertainer are required to obtain a Sexually Oriented Business Employee License. Each applicant shall pay a permit fee of twenty-five dollars ($25.00) to cover reasonable administration costs.

(b) On a form provided by the City the applicant shall provide his or her:

(1) Name, including any "stage" names or aliases;

(2) Age, birth date and birthplace;

(3) Current resident and business addresses and phone numbers;

(4) Height, weight, hair and eye color;

(5) State driver's license or identification number and social security number;

(6) Proof of minimum age of eighteen (18);

(7) A color photograph and fingerprints on a form provided by the Police Department;

(8) A statement detailing the license or permit history of the applicant for the previous five years including information as to whether a permit had ever been denied, revoked or suspended, the reason for such action, the date of such action, and the jurisdiction in which such action occurred; and

(9) Information as to whether the applicant has been convicted of a "specified criminal act” as defined in Section 701.02(r) and the date, place, jurisdiction and nature of such conviction.

The employee license shall be issued unless the City finds that:

(1) The applicant knowingly made a false, misleading or fraudulent statement of material fact;

(2) The application is under eighteen (18) years of age;

(3) The applicant has been convicted of a "specified criminal act" as defined in Section 701.02(o);

(4) The license is to be used in a business prohibited by this chapter or other local or state law; or

(5) The applicant has had an Employee License revoked within two (2) years of the date of the current application.

(d) An Employee License may be renewed annually upon written application subject to the payment of a $10.00 renewal fee and a finding that the applicant is still in conformance with the application requirements.
(Ord. 5-07. Passed 2-19-07.)

701.15 OPERATION OF SEXUALLY ORIENTED BUSINESS.

A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business:

(a) In any manner except as provided under this chapter;

(b) In violation of the requirements of Chapter 1126 of the Zoning Code.

(Ord. 5-07. Passed 2-19-07.)

701.16 MINOR PROHIBITED.

(a) A person commits a misdemeanor if the person knowingly allows a person under the age of eighteen years on the premises of a sexually oriented business.

(b) It shall be the duty of the operator and of any employees on the premises to verify the ages of all patrons as being eighteen years or older. It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.

(Ord. 5-07. Passed 2-19-07.)

701.17 ADVERTISING AND LIGHTING OF OFF-STREET PARKING AREAS.

A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business; and

(a) Advertises the presentation of any activity prohibited by this chapter or other local or state regulation; or

(b) Displays or exhibits the materials and performances in advertising which is visible outside the premises except for advertising showing the existence or location of a sexually oriented business; or

(d) Fails to illuminate off-street parking areas from dusk until closing with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways.

Nothing in this section relieves the permittee from compliance with any other provision of the Codified Ordinances of Fairborn, Ohio.
(Ord. 5-07. Passed 2-19-07.)

701.18 HOURS AND DAYS OF OPERATION.

A person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business and allows the business to remain open, or to permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service:

(a) Between the hours of 12:00 a.m. and 9:00 a.m. of any particular day; or

(b) At any time on any state or federal holiday.

Any employee who engages in the above activity also commits a misdemeanor

(Ord. 5-07. Passed 2-19-07.)

701.19 NUDITY PROHIBITED.

Public nudity, as defined under Section 701.02(g) is prohibited in sexually oriented businesses, except as permitted entirely within the confines of a cabaret stage, as defined in Section 1126.07(a)(3) and regulated by Section 1126.07 of the Zoning Code. Any sexually oriented business which is found in violation of this Section shall have its permit suspended pursuant to the provisions of Section 701.10 in addition to any other penalty provided by law.

(Ord. 5-07. Passed 2-19-07.)

701.20 CRIMINAL PENALTIES FOR THE OPERATION OF A SEXUALLY ORIENTED BUSINESS WITHOUT A VALID PERMIT.

In addition to the criminal penalties found in other sections of this chapter, it shall be unlawful and a person commits a misdemeanor if he/she operates or causes to be operated a sexually oriented business and knows or should know that the business does not have a sexually oriented business permit or has a permit which has expired or which has been suspended or revoked.
(Ord. 5-07. Passed 2-19-07.)

701.21 EXEMPTIONS.

(a) It is a defense to prosecution for violation of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

(1) By a proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.

(2) By a private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3) By an establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.

(b) It is a defense to prosecution for violation of this chapter that an employee of a sexually oriented business exposed any specified anatomical area during the bona fide use of a restroom or dressing room accessible only to employees.

(Ord. 5-07. Passed 2-19-07.)

701.22 CRIMINAL PENALTIES AND LEGAL, EQUITABLE AND INJUNCTIVE RELIEF.

(a) In addition to any applicable penalties under state or county law, any person convicted of a criminal offense under this chapter shall be guilty of a misdemeanor of the third degree. Each violation or noncompliance shall be considered as a separate offense as will each day of continued violation or non-compliance. Second or more offenses shall be a misdemeanor of the second degree.

(b) The City may take any such lawful action to prevent or remedy any violation or non-compliance including but not limited to an equitable action for injunctive relief or an action at law for damages.
(Ord. 5-07. Passed 2-19-07.)

701.23 IMMUNITY FROM PROSECUTION.

The City, the Police Department and all other city offices, agents and employees, charged with enforcement of state and local laws and codes shall be immune from prosecution, civil or criminal, for reasonable, good faith trespass upon a sexually oriented business while acting within the scope of authority conferred by this chapter.

(Ord. 5-07. Passed 2-19-07.)

701.24 SEVERABILITY.

If any section, subsection or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby.
(Ord. 5-07. Passed 2-19-07.)

702.01 PURPOSE.

The purpose of the chapter is to regulate wireless telecommunications facilities (WTF) through the application of uniform zoning and registration requirements to promote the health, safety, general welfare of the citizens of Fairborn with the goal of maintaining such facilities in an operable state, and ensure the facilities are properly dismantled when, at such time, the owner of the WTF is no longer utilizing the facility because of changes in technology or provision of service. It is not the intent of this chapter to limit or restrict the development of WTF within the City of Fairborn, prohibit competition amongst WTF providers, nor supersede the rules enacted by the Federal Communications Commission.

(Ord. 76-97. Passed 1-20-98.)

702.02 DEFINITIONS.

For purposes of this chapter, certain terms and words are defined as follows:

(a) “Antenna” means any panel, whip, dish, or other apparatus designed for communications through the sending and receiving of electromagnetic waves, excluding any antenna support structure other than brackets.

(1) Antenna, personal use. Any antenna and earth satellite dishes designed only to receive AM and FM radio, CB radio, television, and satellite television broadcast transmissions and receive and transmit amateur radio signals, for the use and enjoyment of the property owner. Such uses are an accessory use of the property and shall be governed by provisions specified in this chapter and Chapter 1171 Supplemental Regulations.

(b) “Antenna support structure” means any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.

(c) “Channel” means the segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.

(d) “Co-location” means the use of a tower or antenna support structure by more than one wireless telecommunications provider.

(e) “DBM” means a unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to 1 milliWatt.

(f) “EMF” means Electromagnetic Frequency Radiation.

(g) “Monitoring protocol” means an approved testing protocol as defined in the most current FCC regulations. As of August 15, 1997, the most current practice is referenced in FCC Regulations, Title 47, Part 1, Section 1.1307 as IEEE C95. 1-1992.

(h) “Monopole” means a support structure constructed as a single, self-supporting hollow metal tube securely anchored to a foundation.

(i) “Tower” means a self-supporting, monopole, or guyed structure constructed from grade which supports wireless telecommunications facilities. The term tower shall not include amateur radio operator’s equipment, as licensed by the FCC.

(j) “Wireless Telecommunication Facility (WTF)” means any cables, wires, lines, wave guides, antenna(s) and any other equipment or facilities associated with the transmission or reception of communications at a particular site as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term wireless telecommunications facilities shall not include:

(1) Any satellite earth station antenna two (2) meters in diameter or less which is located in an area zoned industrial or commercial.

(2) Any satellite earth station antenna one (1) meter or less in diameter, regardless of zoning category.

(3) Antennas used by amateur radio operators.

(4) Antennas used as an accessory use of a property for the purpose of receiving AM and FM radio transmissions, and television transmissions. Such antennas shall not exceed the lesser of the following:

A. Height of the existing principal structure by twenty (20) feet.

B. Maximum height of the zoning district by twenty (20) feet.

(Ord. 76-97. Passed 1-20-98.)

702.03 REGISTRATION REQUIRED.

Commencing January 1, 1999,

(a) No person, company, or corporation shall operate a WTF within the City without first obtaining a WTF registration to do so.

(b) The City Manager or his/her designee is responsible for granting, denying, revoking, renewing, suspending, and canceling registrations for proposed or existing WTF. To be approved, applications must comply with all locational and zoning requirements of this Chapter, Chapter 1162, and the Zoning and Building Codes of the City of Fairborn.

(c) Applications must be made on a form provided by the City. Applicants must provide an original and one copy of the application which must contain the following information and documents:

(1) If the applicant is:

A. An individual: the individual’s legal name, aliases and proof of age over eighteen by birth certificate or drivers license and social security number.

B. A partnership: the complete name, all partners’ names, and a copy of any partnership agreement.

C. A corporation: its complete name; date of incorporation; name and address of its registered agent and evidence of good standing under Ohio law.

(2) The applicant’s address, telephone numbers, and facsimile numbers. The application should provide the appropriate contact persons for routine and emergency situations.

(3) The location of each WTF within the City of Fairborn, the location identified by street address, County Auditor Parcel ID number, City Lot number if applicable, and latitude and longitude coordinates of the antenna.

(4) The ownership of the tower or support structure. If owned by others, provide their information as stated in items (1) and (2) above.

(5) List all WTF located at each site in question if the tower or antenna support structure is co-located by multiple users.

(6) The application must be signed by an authorized agent of the applicant, with signer’s position of responsibility identified.

(7) Completion of a signed and notarized agreement obligating the owner of the tower or antenna support structure to maintain said facility, reduce its height when its use is no longer necessary, and remove said structure entirely upon its use being discontinued.

(8) Completion of a signed and notarized agreement obligating the owner of the tower or antenna support structure to consider reasonable offers of co-location by other WTF owners, if said facility was sufficiently engineered for additional co-location opportunities.

(9) Submission of required Monitoring Data as outlined in Section 702.06.

(e) If the City Manager learns that an applicant improperly completed the registration application, the City Manager shall promptly notify the applicant and allow ten (10) days for correction.

(f) A one hundred dollar ($100.00) non-refundable application fee is due at the time the applicant files an original application under this section.

(g) Concurrent with obtaining a registration to operate a WTF, the applicant shall obtain a certification that the proposed location complies with all requirements of the Zoning Code.

(h) By filing an application under this section, the applicant shall be deemed to have consented to the provisions of this chapter and to the investigation of the application by the City Manager and his designees.

(i) A WTF registration shall be renewed annually upon written application, subject to the payment of the annual permit fee required under Section 702.07 and that the registration holder is still in conformance with the permit requirements.

(Ord. 76-97. Passed 1-20-98.)

702.04 ISSUANCE OF REGISTRATION CERTIFICATE.

(a) A registration certificate shall be granted or denied within ten (10) working days from the date of its proper filing.

(b) An application shall be granted unless one of the criteria below has been met.

(1) The initial application fee or renewal fees have not been paid.

(2) The WTF does not comply with the requirements of the Zoning Code at the time it was constructed or has outstanding violations of the Building or Property Maintenance Codes of the City of Fairborn.

(3) The facility has been determined to be a health hazard and the hazard has not been sufficiently corrected to recognized nationally acceptable standards.

(c) Applicants shall be promptly notified of an application or renewal denial and the reasons for denial.
(Ord. 76-97. Passed 1-20-98.)

702.05 ANNUAL REGISTRATION RENEWAL FEE.

The annual registration renewal fee for each WTF is twenty-five dollars. In addition, any costs borne by the City for independent third party technical experts, associated with monitoring and evaluation of NIER standards per Section 702.06 shall be paid for by the WTF owner.
(Ord. 76-97. Passed 1-20-98.)

702.06 MONITORING AND INSPECTION.

The monitoring protocols of nonionizing electromagnetic radiation (NIER) emissions from existing and new WTF shall be based on generally recognized industry standards, using broadband EMF detectors. The testing should take place at the closest publicly accessible point to the equipment shelter.

(a) NIER Emissions Compliance. All facilities shall demonstrate continued compliance with the NIER emissions standards, as regulated by the FCC and currently found in FCC Regulations, Title 47, Part 1, Section 1.1307 and all other relevant sections. A report listing each transmitter and antenna present at the WTF, the anticipated effective power radiated from each, and monitoring reports of their actual NIER emissions shall be submitted with the annual registration. If either the equipment or effective radiated power has changed since the last registration, these changes shall be noted and calculations specifying alterations to NIER levels in the inhabited areas where said levels are projected to be highest shall be prepared. NIER calculations shall also be prepared every time the adopted NIER emission standards are changed by the FCC. A report of these calculations, required monitoring measurements, and a certified engineer’s findings with respect to compliance with the current NIER emissions standards shall be submitted with the annual registration.

(b) Post-Construction Monitoring. The owner(s) of any WTF(s) located on any facility site shall pay for an independent third party consultant, approved by the City, to conduct testing and monitoring of NIER emissions, as follows:

(1) Within 60 days of activation of a new or modified facility or additional permitted channels. A report of the monitoring results and findings of compliance shall be submitted to the Chief Zoning Administrator and the Greene County Health District.

(2) Annually, submitted in conjunction with a WTF annual registration, a report of the monitoring results and findings of compliance shall be submitted to the Chief Zoning Administrator and the Greene County Health District.

(c) Excessive Emissions. Should the monitoring of a WTF site reveal that the site exceeds the most current FCC regulations regarding NIER emissions, currently found in FCC Regulations, Title 47, Part 1, Section 1.1307 and all other relevant sections, the owner(s) of all WTF utilizing that site shall be so notified. The owner(s) shall submit to the Chief Zoning Administrator a plan for the reduction of emissions to a level that complies with the FCC standards within 30 days of notification of noncompliance. That plan shall reduce emissions to the standard within 45 days of initial notification on noncompliance. Failure to accomplish this reduction of emissions within 45 days of initial notification of noncompliance shall be a violation of the WTF registration and zoning approvals, shall be considered a misdemeanor offense and subject to a possible revocation of the WTF registration.

(d) Right of Inspection. Representatives of the City enforcement agencies, but not limited to, the City Police Department, Fire Department, Building Department, Greene County Health Department, and Ohio EPA, shall be permitted to enter a WTF to determine compliance with their respective agencies’ regulation, at any time the applicant has been given 24 hours notice. Failure to allow inspection is unlawful and is a misdemeanor.
(Ord. 76-97. Passed 1-20-98.)

702.07 EXPIRATION OF REGISTRATION.

Each registration shall expire the December 31 following the date of initial issuance and may be renewed by making an application under Section 702.03 at least sixty (60) days before the expiration date. If a renewal is denied, a new registration shall not be issued until problems with the WTF are corrected. If the basis for denial has been corrected within one hundred eighty days (180) days, a new registration certificate may be granted.

(Ord. 76-97. Passed 1-20-98.)

702.08 TRANSFER OF PERMIT.

(a) A permittee shall not transfer a registration to another entity unless that person complies with the registration requirements of Section 702.03 and pays the non-refundable application fee of Section 702.03(f).

(b) A permit may not be transferred when the permittee has been notified that suspension or revocation proceedings have been or will be brought against the permittee.

(c) Any transfer attempted in violation of this section is void and will revoke the permit.
(Ord. 76-97. Passed 1-20-98.)

702.09 ABANDONMENT.

If at any time the use of the WTF is discontinued or the renewal of the annual registration has lapsed for one hundred and eighty (180) days, the Chief Zoning Administrator or Building Inspector may declare the facility abandoned under the procedures outlined in Chapter 1158, Abandonment of Abandoned Commercial Structures. The one hundred and eighty (180) day period excludes any dormancy period between construction and the initial use of the facility. If reactivation or dismantling does not occur, the City of Fairborn will either remove the facility or will contract to have the facility removed and assess the owner or operator the costs per the procedures established in Chapter 1158.

(Ord. 76-97. Passed 1-20-98.)

702.10 INDEMNIFICATION.

(a) To the fullest extent permitted by law, the WTF operator shall, at its sole cost and expense, fully indemnify, defend and hold harmless the City, its officers, public officials, boards and commissions, agents and employees from and against any and all lawsuits, claims, causes of action, actions, liability and judgments for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the City in connection therewith):

(1) To persons or property, in any way arising out of or through the acts or omissions of the WTF operator, its subcontractors, agents or employees, to which the WTF operator’s negligence shall in any way contribute, and regardless of whether the City’s negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgment, injury, or damage, provided that the WTF operator’s liability shall be commensurately reduced by any contributory negligence.

(2) Arising out of the WTF operator’s failure to comply with the provisions of any Federal, State, or local statute, ordinances or regulation applicable to the WTF provider in its business hereunder.

(b) The foregoing indemnity is conditioned upon the following: The City shall give the WTF operator prompt notice of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the City from cooperating with the WTF operator and participating in the defense of any litigation by its own counsel at its own costs and expense.

(Ord. 76-97. Passed 1-20-98.)

704.01 PURPOSE AND INTENT.

In enacting these regulations, City Council recognizes that massage is a viable professional field offering the public valuable health and therapeutic services. It is the purpose and intent of the City council that the operation of massage establishments, off-premise massage services, and persons offering massage be regulated in the interests of public health, safety and welfare by providing minimum building sanitation and health standards and to ensure that persons offering massage shall possess the minimum qualifications necessary to operate such businesses and to perform such services offered. It is the intent of this Chapter to enact regulations to ensure that those offering massage services are qualified and trained and can be expected to conduct their work in a lawful and professional manner. City Council finds that existing controls do not satisfactorily address or regulate serious police problems and regulate the profession so as to discourage the use of the profession for objectionable and unlawful purposes.
(Ord. 6-07. Passed 2-19-07.)

704.02 DEFINITIONS.

For purposes of this chapter, certain terms and words are defined as follows:

(a) "Massage Establishment" means any establishment having a fixed place of business where a person or entity advertises the availability of, offers, provides, or permits to be carried on, any activity related to or including the provision of a Massage Treatment. A "Massage Establishment" does not include an establishment where all persons who provide a Massage are either Exempt, or Licensed and operating under the authority of a person who is Exempt.

(b) "Massage Practitioner" means a person who practices or administers any massage or touching techniques listed in subsection (c) for a fee, income or compensation of any kind within the City of Fairborn.

(c) "Massage" means the following named subjects and methods of treatment: use of any method on, or friction against, or stroking, kneading, tapping, pounding, vibrating, pressing, compressing, percussing, petrissage, effleurage, tapotement, cupping, stretching, rotating, heating, cooling, or stimulating of, the external soft parts of a living human body, which may be performed with direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object. The term also includes the use of colon irrigation; tub, shower, or cabinet baths; as well as oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.

(d) “Moral Turpitude” means an act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general.

(e) "Draping" means non-transparent linen, towel, or other opaque cloth which securely covers a Client's Specified Anatomical Areas by folding, tucking or fastening.

(f) "Sexual or Genital Area" means the genitalia pubic areas, anus, perineum of any person and the breasts of a female.

(g) "Specified Anatomical Area," "State of Nudity," and "State of Semi-Nudity" shall have the meaning ascribed to them in Section 1133.02 of the Fairborn Codified Ordinances.

(h) "Massage Treatment" means providing a fee or any consideration whatsoever for the following services:

(1) Massage;

(2) A method of treatment that involves the application of oil rubs; liniments; antiseptics; powders; creams; lotions; ointments; alcohol rubs; salt glows; hot or cold packs, liquids, or solid objects; or other similar types of substances; upon the external soft parts of a living human body which may be applied by direct or indirect human contact, or with the aid of any electrical, mechanical, or vibratory apparatus, appliance, or other tool or object.

(i) "Exempt" means a person who provides a Massage as a portion of and incidental to services in accordance with a license issue by any of the following:

(1) The Ohio State Cosmetology and Barber Board or its predecessors pursuant to Ohio Revised Code Chapter 4709 or 4713;

(2) The State of Ohio Board of Nursing pursuant to Ohio Revised Code Chapter 4723;

(3) The Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board pursuant to Ohio Revised Code Chapter 4755;

(4) The Ohio State Chiropractic Board pursuant to Ohio Revised Code Chapter 4734;

(5) The State Medical Board of Ohio pursuant to Ohio Revised Code Chapters 4730 or Chapter 4762;

(6) The State Medical Board of Ohio pursuant to Ohio Revised Code Chapters 4731 except those licensed pursuant to Revised Code Section 4731.15 to practice "massage therapy."

(j) "Licensed" means a person who holds a current massage practitioner license issued by the State Medical Board of Ohio to practice "massage therapy" pursuant to and in accordance with Revised Code Section 4731.15.

(Ord. 48-18. Passed 11-5-18.)

704.03 CITY MANAGER; DUTIES.

It shall be the duty and responsibility of the City Manager for the City of Fairborn or such persons as may be designated by the City Manager to administer the provisions of Chapter 704 .
(Ord. 6-07. Passed 2-19-07.)

704.04 LICENSING OF MASSAGE PRACTITIONERS REQUIRED; PROHIBITED HOURS OF OPERATION.

(a) It shall be unlawful for any person to practice or administer or to offer or agree to practice or administer any subject or method of treatment listed in Section 704.02 (c) in the City of Fairborn, whether for a fee, income or consideration of any kind, without first obtaining and maintaining in effect a massage practitioner license as required by The State Medical Board of Ohio.

(b) It shall be unlawful for any person, association, firm, or corporation to employ any person to practice or administer or to offer or agree to practice or administer any subject or method of treatment listed in Section 704.02 (c) in the City of Fairborn, whether for a fee, income or consideration of any kind, without first obtaining and maintaining in effect a massage practitioner license as required by The State Medical Board of Ohio.

(c) It shall be unlawful for any person, association, firm, or corporation to employ as a massage practitioner in the City of Fairborn any person who does not hold a current unrevoked and unsuspended massage practitioner license as required by The State Medical Board of Ohio.

(d) Upon request by the City Manager a massage establishment owner or operator shall:

(1) Attest in writing that all massage practitioners employed by said massage establishment possess a current un-revoked and unsuspended massage practitioner license as required by The State Medical Board of Ohio.

(2) Submit copies of massage practitioner diplomas, certificates and licenses required by The State Medical Board of Ohio for any or all massage practitioners employed by said massage establishment.

(e) Upon request by the City Manager a massage practitioner shall:

(1) Attest in writing that he or she possesses a current un-revoked and unsuspended massage practitioner license as required by The State Medical Board of Ohio.

(2) Submit copies of diplomas, certificates and licenses required by The State Medical Board of Ohio for massage practitioners.

(f) It shall be unlawful for any massage establishment to remain open for business or provide services any time between the hours of 1:00 a.m. and 6:00 a.m.

(Ord. 6-07. Passed 2-19-07.)

704.05 SPECIAL REQUIREMENTS FOR MASSAGE ESTABLISHMENTS.

(a) Minimum lighting shall be provided in accordance with the building code of the City of Fairborn and in addition, at least one artificial light of not less than forty watts shall be provided in each room or enclosure where services are performed on patrons which shall be in operation when such services are performed.

(b) Minimum ventilation shall be provided in accordance with the building code of the City of Fairborn.

(c) Adequate equipment shall be provided for disinfecting and sterilizing instruments used in administering or practicing any of the subjects or methods of treatment listed in Section 704.02 (c).

(d) Hot and cold running water, tempered by means of a mixing valve faucet, shall be provided at all times.

(e) Closed cabinets shall be provided, and used, for the storage of clean linens.

(f) Adequate dressing and toilet facilities shall be provided for patrons, including:

(1) One dressing room, which may be the same as the massage treatment room; and

(2) One toilet and one wash basin shall be provided by every massage establishment for every three treatment rooms; and

(3) A minimum of one shower or tub shall be provided for any establishment offering colon therapy, colonics, or any hydrotherapy services, including whirlpool baths, saunas, steam baths, and herbal wraps; and

(4) Each dressing room or treatment room shall contain a locker for each patron to be served, which locker shall be capable of being locked.

(g) Any pool or spa shall be issued a permit and inspected.

(h) All walls, ceilings, floors, showers, bathtubs, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms or cabinets, toilets and wash basins shall be thoroughly cleaned each day business is in operation. Shower compartments and bathtubs, where provided, shall be thoroughly cleaned after each use.

(i) Clean and sanitary sheets and towels shall be provided for each patron of the establishment. The head rest of each table shall be provided with a clean and sanitary covering for each patron.

(j) All wash basins within an establishment shall have hot and cold running water, tempered by means of a mixing valve faucet; provide sanitary towels placed in permanent installed dispensers or upon a permanently attached rod dispenser, and provide soap in a soap dispenser that is placed on or near the wash basin. A hand wash basin shall be provided in each treatment room providing colon therapy, colonics, or hydrotherapy services, including whirlpool bath saunas, steam baths and herbal wraps.

(Ord. 6-07. Passed 2-19-07.)

704.06 OTHER UNLAWFUL ACTIVITIES; GENERAL PENALTY.

(a) It shall be unlawful:

(1) For any person, association, firm, or a corporation to conduct or operate a massage establishment on the same premises whereon is also conducted the business of a liquor establishment, photography studio, model studio, art studio, telephone answering service, motion picture theater, bookstore, or sexually oriented business.

(2) For any person to practice or administer any subject or method of treatment listed in Section 704.02(c), whether for fee, gratuity or compensation of any kind:

A. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires; or

B. To any other person whose private parts are not covered by opaque material, who is in a State of Nudity, a State of Semi-Nudity, or who reveals a Specified Anatomical Area without proper draping; or

C. While allowing the Sexual or Genital Area of any other person to be uncovered or specifically uncovering it while providing the massage; or

D. In any way touch the genitals of the individual receiving the treatment. In any manner that results in the touching, fondling, or massaging of the Sexual or Genital Area of the individual receiving treatment, either by hand or with any mechanical or electrical apparatus or appliance; or

E. While in a state of undress, while wearing transparent clothing, or clothing that otherwise reveals a Specified Anatomical Area without proper draping; or

F. To any individual less than eighteen years of age without parental consent.

(3) For any person who owns, operates, manages or supervises the operation of a Massage Establishment to allow an employee to practice or administer any subject or method of treatment listed in Section 704.02(c), whether for fee, gratuity, or compensation of any kind:

A. In a manner or under circumstances intended to arouse, appeal to or gratify sexual desires; or

C. While allowing the Sexual or Genital Area of any other person to be uncovered or specifically uncovering it while providing the massage; or

D. In any way that results in the touching, fondling, or massaging of the Sexual or Genital Area of the individual receiving treatment, either by hand or with any mechanical or electrical apparatus or appliance; or

E. While in a state of undress, while wearing transparent clothing, or clothing that otherwise reveals a Specified Anatomical Area without proper draping; or

F. To any individual less than eighteen years of age without parental consent.

(4) For any person who owns, operates, manages or supervises the operation of a Massage Establishment to employ a person under eighteen (18) years of age.

(b) Whenever in this Chapter any act is prohibited or declared to be unlawful, and wherever in this Chapter the doing of any act is required or the failure to do any act(s) declared to be unlawful, the violation of any such provision of this Chapter is a misdemeanor of the first degree. Each day any such violation continues shall constitute a separate offense. Revocation or suspension of a license shall not be a defense against prosecution.

(Ord. 48-18. Passed 11-5-18.)

704.07 EXEMPTIONS.

(a) The provisions of this Chapter shall not apply to:

(1) Persons authorized by the laws of this State to practice medicine, osteopathy, chiropractic, podiatry, or naturopathy;

(2) Registered nurses, licensed practical nurses or technicians, when acting under the supervision of a licensed physician or osteopath;

(3) Persons employed or acting as trainees for any bona fide amateur, semiprofessional or professional athlete or athletic team;

(4) Persons authorized by the laws of this State as barbers or cosmetologists, provided their activity is limited to the head, face, or neck;

(5) Persons wholly employed in the sale of clothing, cosmetics, jewelry or sporting equipment insofar as these individuals must incidentally touch a customer to properly fit or sell the product, at its standard market price.

(6) Persons wholly engaged in specialized weight reduction techniques where touching of the body is incidental to the procedure.

(b) Any exemption granted herein is effective only insofar as and to the extent that the bona fide practice of the business or profession of the person exempted overlaps into the field comprehended by Chapter 704 , and exemptions granted herein are solely for those activities which are performed in the course of the bona fide practice of the business or profession of the person exempted.

(Ord. 6-07. Passed 2-19-07.)

705.01 DEFINITIONS.

For purposes of this Chapter, certain terms and words are defined as follows:

(a) "City Manager" means the City Manager of the City of Fairborn or such other person as may be designated by the City Manager.

(b) "Consideration" means money or money's worth.

(c) "Escort" means any person who for monetary consideration in the form of a fee, commission or salary, is held out to the public as available for hire to consort with or to accompany another or others to social affairs, places of amusement or entertainment within any place of public resort, or within any private quarters.

(d) "Escort Service" means any person who for a fee, commission, profit, payment or other monetary consideration, furnishes, refers, or offers to furnish or refer escorts, or provides, or offers to introduce, patrons to escorts.

(e) "Escort Service Runner" means any person, not an escort, who for a salary, fee, hire, reward, or profit, as the agent for either an escort service, or a patron, contacts or meets with escort patrons or an escort service at any location other than the established open office, as defined hereunder, whether that person is employed by the escort service, or any business, or is self-employed.

(f) "Licensee" means a person who is the holder of a valid license under this ordinance. A licensee includes an agent, servant, employee or other person while acting on behalf of that licensee whenever such licensees are or would be prohibited from doing or performing an act or acts under this chapter.

(g) "Offer to Provide Acts" or "Sexual Conduct" means to offer, propose or solicit to provide sexual conduct to a patron. Such definitions include all conversations, advertisement and acts which would lead a reasonably prudent person to conclude that such acts were to be provided.

(h) "Open Office" means an office at the licensed escort service address from which escort business is transacted; to qualify as an open office it is required that:

(1) Business hours be established and posted and that the office is open to the public and patrons or prospective patrons during such business hours and that the office is accessible to business invitees, business license officials and law enforcement officers during hours that escorts are working;

(2) The office be managed by the owner or a management employee of the owner having authority to bind the escort service to escort and patron contracts and to adjust patron and consumer complaints;

(3) All telephone lines and numbers listed to the escort service, or advertised as escort service numbers, terminate at the open office and at no other location;

(4) An index of all employees and escorts is kept in the open office;

(5) All business records be kept in the open office including records of escort calls and referrals, stating the name and address, including hotel or motel room, of the patron, the date and time of referral, name of the escort sent and whether the referral resulted in an escort service and the total fee received from the patron, if any.

(i) “Person" means any individual, or any firm, partnership, corporation or association of any kind.

(j) "Person Financially Interested" means, for the corporation, any person who is an officer or a director or any shareholder holding more than 5% of the shares thereof, for a noncorporate business, any person who shares in any financial gain attributable to the business as a proprietor or owner or on the basis of a percentage in excess of 5% of gross or 10% of net revenue.

(k) "Service Oriented Escort" means an escort who:

(1) Operates from an open office; and

(2) Does not employ or use an escort service runner; and

(3) Does not advertise that sexual conduct will be provided or work for an escort service which so advertises; and

(4) Does not offer, solicit, agree to provide, or provide sexual conduct.

(l) "Service Oriented Escort Service" means an escort bureau which:

(1) Maintains an open office at an established place of business; and

(2) Does not use an escort bureau runner; and

(3) Does not advertise, offer, solicit, agree to, or provide sexual conduct to a patron; and

(4) Employs or provides only escorts who possess escort identification cards.

(m) "Sexual Conduct" means engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of amusing or gratifying sexual desire of another person.

(n) "Sexual Gratification" means sexual conduct as defined herein.

(o) "Sexually Oriented Acts" means sexual conduct as defined herein.

(p) "Sexually Oriented Escort" means an escort who:

(1) Employs an escort service runner as an employee, agent or independent contractor; or

(2) Works for, as an agent, employee or independent contractor, or is referred to a patron by a sexually oriented escort service; or

(3) Advertised that sexual conduct will be provided or works for as an agent, employee or independent contractor or is referred to a patron by an escort service which so advertised; or

(4) Solicits, offers, agrees to provide or does provide acts or sexual conduct to an escort patron; or

(5) Accepts an offer or solicitation to provide acts of sexual conduct for a fee in addition to the fee charged by the escort service.

(q) "Sexually Oriented Escort Service" means an escort service which:

(1) Engages in advertising to make the prospective patron believe that acts of sexual conduct or sexual stimulation will be provided; or

(2) Uses as escorts persons known to have violated the law regarding prostitution; or

(3) Does not maintain an open office; or

(4) Employs as an employee, agent or independent contractor or uses an escort service runner; or

(5) Advertises that sexual conduct will be provided or that escorts which provide such sexual conduct will be provided, referred, or introduced to a patron; or

(6) Solicits, offers or agrees to provide or does provide acts or sexual conduct to a patron; or

(7) Employs, contracts with, or provides or refers escorts who do not possess escort identification cards as required herein; or

(8) Does not deliver contracts to every patron or customer; or

(9) Employs, contracts with, or refers or provides to a patron, a sexually oriented escort.

(r) "Sexual Stimulation" means to excite or arouse the prurient interest or to offer or solicit acts of sexual conduct as defined under "offer to provide acts or sexual conduct".
(Ord. 7-07. Passed 2-19-07.)

705.02 ESCORT SERVICE LICENSE REQUIRED.

It shall be unlawful for any person to work or perform services in the City of Fairborn such as, conduct, manage, operate or maintain an escort service unless licensed pursuant to this section. It shall also be unlawful for any person to work or perform services as, conduct, operate, manage, or maintain a sexually oriented escort service regardless of license. A separate license is required for each location and name by which the escort service conducts business or advertises.
(Ord. 7-07. Passed 2-19-07.)

705.03 LICENSE NON-TRANSFERABILITY.

The term of a license issued pursuant to the provisions of this section is one year. All licenses issued pursuant to this section are nontransferable.

(Ord. 7-07. Passed 2-19-07.)

705.04 APPLICATION FOR ESCORT SERVICE LICENSE; CONTENTS; REQUIRED FEES.

(a) An applicant for an escort service license shall file an application with the City Manager accompanied by a nonrefundable application fee.

(b) Unless otherwise provided in this chapter, the application shall contain the name and address of the activity and the following information about the applicant, any person financially interested in the activity to be licensed, any authorized local agents, and any managing employee of the activity to be licensed:

(1) The name, including any aliases, business trade names or styles;

(2) Present residence and business addresses and telephone number, as applicable;

(3) Each residence and business address for the five year period immediately preceding the date of filing of the application and the inclusive dates of each such address;

(4) Ohio driver's license;

(5) Valid proof of age and that the applicant is at least 18 years of age;

(6) Height, weight, color of eyes and hair and date of birth;

(7) Two current 2" × 2" photographs;

(8) The business, occupation or employment history for the three year period immediately preceding the date of the filing of the application;

(9) 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 Fairborn or elsewhere revoked or suspended, and the reason or reasons therefor;

(10) All prior criminal convictions excepting minor traffic offenses;

(11) Fingerprints;

(12) 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 5% 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 subsection 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 ordinance, but only one application fee shall be charged;

(13) A description of any service to be provided together with a declaration that the services to be provided shall not involve those of a sexually oriented escort or escort service;

(14) The names and residential addresses of all persons employed as escorts.

(c) The City Manager shall have a reasonable period of time in which to investigate the application and background of the applicant and process the application through various City departments.

(d) The City Manager shall grant the license upon the following circumstances:

(1) The required fees have been paid;

(2) The application conforms in all respects to the provisions of this section;

(3) The applicant has not made a material misrepresentation of fact in the application;

(4) That neither the applicant, if an individual; nor any person financially interested if a corporation; nor any of the partners, including limited partners, nor the holder of any profit interest, nor the manager or other person principally in charge of the operation of the existing or proposed escort service, nor any individual employed or contracted with to be an escort or to provide escort services has been convicted of, pleaded nolo contendere to or guilty to any felony, or to a misdemeanor involving moral turpitude, within five years prior to the issuance of the license;

(5) The applicant has not had a license similar to the one issued pursuant to the provisions of this chapter issued by another authority, suspended or revoked within the five year period immediately preceding the date of the filing of the application;

(6) The escort service complies with all applicable laws of the City of Fairborn and State of Ohio; and

(7) The applicant, manager or other person principally in charge of the operation of the business is at least eighteen years of age.

(e) The City Manager shall deny the license application if all of the requirements set forth in subsections (d)(1) through (7) hereof have not been met. In the event of denial, the applicant shall be notified by mail of the denial and the reasons therefor. The applicant may appeal such denial to City Council who shall have the authority to sustain, amend or reverse the decision of the City Manager.
(Ord. 7-07. Passed 2-19-07.)

705.05 ESCORTS, UNLAWFUL TO WORK.

It shall be unlawful for any person to work or perform services as an escort within the City of Fairborn unless employed by a licensed escort service or licensed as an escort service. It shall also be unlawful for any person to work or perform services as a sexually oriented escort, regardless of license.
(Ord. 7-07. Passed 2-19-07.)

705.06 ESCORT IDENTIFICATION CARD.

Each escort service licensee shall be issued identification cards in its name and in the names of each person who shall engage in the activity of an escort on its behalf. This card must be carried on the person of any individual while such person is engaged in the activity of an escort within the City of Fairborn. Such identification card shall be displayed upon request of any Fairborn police officer or other law enforcement official.

(Ord. 7-07. Passed 2-19-07.)

705.07 ESCORT SERVICE DUTIES.

(a) The escort service shall provide to each patron a written contract and receipt of payment for services. The contract shall clearly state the type of services to be performed, the length of time such services shall be performed, the total amount of money such services shall cost the patron, and any special terms or conditions relating to the service to be performed.

(b) The escort service shall maintain an open office at the licensed location. The address of that office shall be included in all patron contracts and published advertisements. Private rooms or booths where the patron may meet with the escort shall not be provided at the open office or at any other location by the escort service.

(c) The escort service, in terms of licensing consequences, is responsible and liable for the acts of all its employees and subcontractors including but not limited to, telephone receptionists and escorts who are referred by that service while the escort is with the patron.

(Ord. 7-07. Passed 2-19-07.)

705.08 ADVERTISING WITHOUT A LICENSE.

It is unlawful to advertise or hold out to the public the availability of an escort or escort service without obtaining a license therefore as provided in this section, whether the actual business of escorts or escort service as defined in this chapter is performed. The escort service license number must be prominently displayed in such advertisement.

(Ord. 7-07. Passed 2-19-07.)

705.09 INFORMATION UPDATE.

Any changes in information required to be submitted by this chapter must be given to the City Manager within ten days of any such change.

(Ord. 7-07. Passed 2-19-07.)

705.10 PROHIBITED ACTIVITIES.

It shall be unlawful for a licensee to provide escort services as described in this section to individuals under eighteen years of age unless written authorization by a parent or legal guardian is issued to the escort when acting as such.

(Ord. 7-07. Passed 2-19-07.)

705.11 RENEWAL OF LICENSES.

Any license issued pursuant to the provisions of this chapter which has not been suspended or revoked, m anager made at least forty-five days prior to the expiration date of the current valid license. The renewal application shall be on a form provided by the Manager and shall contain all of the information required by Section 705.04 .

(Ord. 7-07. Passed 2-19-07.)

705.12 FEES.

A nonrefundable application fee in the amount to be determined by the City Manager as sufficient to cover the costs of this program shall accompany each application for an escort or for an escort service. Upon approval an initial license fee of fifty dollars ($50.00) shall be assessed. A renewal fee of twenty-five dollars ($25.00) shall accompany each renewal application.
(Ord. 7-07. Passed 2-19-07.)

705.13 REVOCATION OF LICENSE, GROUNDS AND PROCEDURE; APPEAL.

(a) Any license issued pursuant to this section shall be revoked upon any one or more of the following grounds:

(1) The licensee, any employee, agent, or any other person connected or associated with the license as a partner, director, officer, stockholder or manager, or any "person financially interested" as defined in Section 705.01 (j), has violated any provision of this section in conducting an activity licensed under the provisions of this chapter.

(2) The licensee, any employee, agent or any other person connected or associated with the licensee as a partner, director, officer, stockholder or manager, or any "person financially interested" as defined in Section 705.01 (j) has made a material misrepresentation of fact in the application for any license required in this chapter.

(3) The licensee has been convicted, subsequent to the issuance of any license of a crime which is either a felony or a misdemeanor involving moral turpitude or has offered or agreed to or rendered the service of a sexually oriented escort.

(4) The licensee has violated a provision of this section in conducting a licensed activity pursuant to this section.

(5) The licensee is a corporation and is not or is no longer qualified to transact business in the State of Ohio.

(b) To revoke a license, the City Manager shall notify the licensee in writing by mail to the address as shown on the application or otherwise more recently of record, that said license or permit is revoked. The cause for such revocation shall be set forth in the notice. Service shall be complete upon mailing to the address of record, in the office of the City Manager.

(c) Except as otherwise provided in this section, the license shall terminate if the licensee fails to pay any taxes owed to the City, or licensee fee owed either when due or by the end of any renewal period.

(d) Appeals from the revocation or termination of a license as provided for in this section may be appealed to the City Manager for the City of Fairborn who shall be authorized to amend, sustain or reverse the decision of the Manager.

(e) A revoked license shall be surrendered to the City Manager on demand at the expiration of the appeals process.
(Ord. 7-07. Passed 2-19-07.)

705.14 APPLICABILITY OF REGULATIONS TO EXISTING BUSINESSES.

The provisions of this section shall be applicable to all persons and activities described herein whether the herein described activities were established before or after the effective date of the ordinance enacting this section into law. All such persons and businesses shall have 60 days from said effective date hereof to comply with the provisions of this chapter.

(Ord. 7-07. Passed 2-19-07.)

705.15 PENALTY.

The commission of any act declared to be unlawful in this chapter is a misdemeanor of the first degree.
(Ord. 7-07. Passed 2-19-07.)

707.01 DEFINITIONS.

As used in this chapter:

(a) "Incumbent Cable Provider" means any person who on the effective date of this section is the holder of a cable franchise agreement with the City as granted pursuant to requirements of 47 U.S.C. 541.

(b) "PEG" means the activities or actions performed for the benefit of public, educational and government video programming by the City, Fairborn City Schools, or Wright State University.

(d) "Video Service Authorization or VSA" means the authorization granted to a video service provider in accordance with the requirements of Ohio R.C. 1332.21 to 1332.34 et seq.

(e) "Video Service Provider Fee or VSP Fee" means the fee paid by a VSP in accordance with the requirements of Ohio R.C. 1332.32.

(f) "Video Service Provider or VSP" means a person, firm, or corporation granted a video service authorization under Ohio R.C. 1332.21 to 1332.34 et seq.

(Ord. 50-07. Passed 11-19-07.)

707.02 VSP FEE, PERCENTAGE, AND AUDIT.

(a) Not sooner than forty-five nor later than sixty days after the end of each calendar quarter, a video service provider shall pay a video service provider fee to the City. The fee shall be calculated quarterly by determining the provider's gross revenue for the preceding calendar quarter as described in subsection (b) hereof and multiplying the result by the percentage specified in subsection (c)(1) or (2) hereof.

(b) Gross revenue shall be computed in accordance with generally accepted accounting principles.

(1) Gross revenue shall consist of all of the following revenue for the calendar quarter that is collected by the provider for video service from all its subscribers having service addresses within the City:

A. Recurring monthly charges for video services;

B. Event-based charges for video service, including, but not limited to, pay-per-view and video-on-demand charges;

C. Charges for rental of set top boxes and other video service equipment;

D. Service charges related to the provision of video service, including, but not limited to, activation, installation, and repair;

E. Administrative charges related to the provision of video service, including, but not limited to, service order and service termination charges.

F. Advertising Revenue. For these purposes, "advertising revenue" means the net revenue received by the video service provider for advertising on its subscription-based video service within the City. If such revenue is derived under a regional or national compensation contract or arrangement between the video service provider and one or more advertisers or advertising representatives, the amount of revenue derived for the City shall be determined by multiplying the total net revenue received by the video service provider under the contract or arrangement by the percentage resulting from dividing the number of subscribers in the City by the total number of regional, or national subscribers that potentially receive the advertising under the contract or arrangement.

(2) Gross revenue shall not include any of the following:

A. Any taxes, fees, or assessments that are collected by the video service provider from video service subscribers for pass-through to any federal, state, or local government agency, including the video service provider fee authorized under this section, the fee authorized under division (F) of Ohio R.C. 1332.30, and the Federal Communication Commission user fee;

B. Uncollectible charges, except that uncollectible charges, all or part of which are written off as bad debt but subsequently collected, less the expenses of their collection shall be included in gross revenue in the quarter collected;

C. Late payment charges;

D. Maintenance charges;

E. Charges for services other than video service, reasonably identifiable on books or records the video service provider keeps in the regular course of business or by other reasonable means, that are aggregated or bundled with amounts billed to video service subscribers, including, but not limited to, any revenue received by a video service provider or its affiliates for telecommunications service, information service, or the provision of directory or internet advertising, including yellow pages, white pages, banner advertising, and electronic publishing.

F. Reimbursement by programmers of marketing costs actually incurred by the video service provider;

G. Any revenue not expressly enumerated in subsection (b)(1) hereof.

(c) (1) If in a calendar quarter a franchise fee is payable by a provider under a franchise in effect in the City, the percentage of gross revenue payable in that calendar quarter by the video service provider to the City shall be the same percentage of gross revenue payable in that calendar quarter pursuant to that franchise, not to exceed five percent.

(2) Otherwise, the percentage shall be five (5) percent of a video service provider's gross revenues, as calculated in accordance with this chapter.

(d) A video service provider that pays a video service provider fee pursuant to this section may identify and collect the amount of that fee as a separate line item on the regular bill of each of its video service subscribers that has a service address within any portion of the City.

(e) (1) At its sole expense and not more often than once per calendar year, the City or its designee may conduct an audit for the purpose of verifying the accuracy of a video service provider's calculation of the video service provider fees it paid to the City in the audit period. For the purpose of the audit, the video service provider shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to its gross revenue as defined in subsection (b) hereof.

(2) A video service provider shall pay any amounts found to have been underpaid in the audit within thirty days after notice and shall include interest on the underpayments. However, payment need not be made in that thirty-day period if the video service provider brings an action under subsection (e)(3) hereof.

(3) An action by the City or by the video service provider to dispute the amount of video service provider fee due based on the audit results may be brought in a court of competent jurisdiction not later than two years following the end of the quarter to which the disputed amount relates.
(Ord. 50-07. Passed 11-19-07.)

707.03 VSP FEE NOTICE PROVISION.

Upon receipt of notice from a VSP that it will begin providing video service in the City pursuant to a state-issued video service authorization, the City Manager or his/her designee is authorized and directed to provide such VSP with notice of the VSP fee as determined by this Council in Section 707.02 which notice shall be delivered in a manner that provides for proof of timely delivery.
(Ord. 50-07. Passed 11-19-07.)

707.04 VSP ACCESS PROVISION.

Upon receipt of notice from a VSP that it will begin providing video service in the City pursuant to a VSA, the City Manager or his/her designee is authorized and directed to provide such VSP with notice that the VSP shall be required to provide the same number of PEG channels in the City under the same service tier conditions and subject to the same channel reclamation conditions as may be prescribed by Ohio R.C. 1332.30(A)(1)(a-b) for the incumbent cable provider with the most recent obligation in the City, which notice shall be delivered in a manner that provides for proof of timely delivery and shall state the appropriate number of PEG channels and service tiers required to be provided by the VSP within the City within one-hundred and twenty (120) days after deliver of such notice.
(Ord. 50-07. Passed 11-19-07.)

707.05 ACCESS PROGRAMMING REQUIREMENT.

In accordance with the requirements of Ohio R.C. 1332.30(A)(1)(a) when more than three (3) PEG access channels are provided to the City by an incumbent cable provider or VSP, such additional channel shall be programmed by the City with at least forty (40) hours of non-character generated content per week with at least sixty percent (60%) of the programming being non-repeat and locally produced. For the purposes of this section, "non-repeat and locally produced" means the first three (3) playbacks of the programming produced or provided by any local resident, or any local public or private agency that provides services to residents of the City of Fairborn or the greater Dayton metro area. "Non-repeat and locally produced" shall also include any transmission of a current meeting or proceeding of any local, state, or federal government entity.
(Ord. 50-07. Passed 11-19-07.)

707.06 FEE PAYMENT REQUIREMENTS.

Any VSP fee or community service fee payments required to be paid to the City by a VSP shall be made quarterly and be remitted directly to the City of Fairborn via a negotiable instrument made payable to the City of Fairborn, 44 W. Hebble Avenue, Fairborn, Ohio 45324, not later than sixty (60) days after the end of a calendar quarter.
(Ord. 50-07. Passed 11-19-07.)

707.07 PEG ORIGINATION POINT.

The PEG programming origination point of the City for the delivery of VSP access services shall be located at the Government Center (Government Access), 44 W. Hebble Avenue, Fairborn, Ohio 45324, Fairborn City Schools (Educational Access - Baker Jr. High) 200 Lincoln Drive, Fairborn, Ohio 45324, and Wright State University (Educational Access), 023 Dunbar Library, Dayton, Ohio 45435 unless and until the City shall designate otherwise.
(Ord. 50-07. Passed 11-19-07.)

707.08 NOTICE REQUIREMENT.

Any notice to the City that is required of a VSP in accordance with Ohio R.C. 1332.21 through 1332.34 shall be provided in written form to the City Manager either by certified mail, express mail or upon personal delivery, all evidenced by a return receipt.
(Ord. 50-07. Passed 11-19-07.)

707.09 APPLICATION TO INCUMBENT CABLE PROVIDERS.

Nothing in this chapter shall apply to incumbent cable providers until they are granted a video service authorization in accordance with Ohio R.C. 1332.21 - 1332.34 et seq.
(Ord. 50-07. Passed 11-19-07.)

707.10 CUSTOMER SERVICE STANDARDS.

(a) When requested to do so, a video service provider shall assist the City in addressing video service subscriber complaints in a manner consistent with the provider's complaint handling process.

(b) A video service provider shall meet all of the following customer service standards:

(1) The provider shall restore video service within seventy-two hours after a subscriber reports a service interruption or other problem if the cause was not a natural disaster.

(2) Upon a report by a subscriber of a service interruption and if the interruption is caused by the video service provider and lasts for more than four hours in a given day, the provider shall give the subscriber a credit in the amount of the cost of each such day's video service as would be billed to the subscriber.

(3) Upon a report by a subscriber of a service interruption and if the interruption is not caused by the video service provider and lasts for more than twenty-four consecutive hours, the provider shall give the subscriber, for each hour of service interruption, a credit in the amount of the cost of per hour video service as would be billed to the subscriber.

(4) The provider shall give a subscriber at least thirty days' advance, written notice before removing a channel from the provider's video service, but no such notice is required if the provider must remove the channel because of circumstances beyond its control.

(5) The provider shall give a subscriber at least ten days' advance, written notice of a disconnection of all or part of the subscriber's video service, except if the disconnection has been requested by the subscriber, is necessary to prevent theft of video service, or is necessary to reduce or prevent signal leakage as described in 47 C.F.R. 76.611.

(6) The provider shall not disconnect all or part of a subscriber's video service for failure of the subscriber to pay its video service bill, until the bill is at least forty-five days past due.

(7) The provider shall give a subscriber at least thirty days' advance, written notice before instituting an increase in video service rates.
(Ord. 50-07. Passed 11-19-07.)

707.11 INDEMNIFICATION.

(a) To the fullest extent permitted by law, grantee shall, at its sole cost and expense, fully indemnify, defend and hold harmless the City, its officers, public officials, boards and commissions, agents and employees from and against any and all lawsuits, claims, (including without limitation worker's compensation claims against the City or others), causes of action, actions, liability, and judgements for injury or damages (including but not limited to expenses for reasonable legal fees and disbursements assumed by the City in connection therewith):

(1) To persons or property, in any way arising out of or through the acts or omissions of grantee, its subcontractors, agents or employees, to which grantee's negligence shall in any way contribute, and regardless of whether the City's negligence or the negligence of any other party shall have contributed to such claim, cause of action, judgement, injury, or damage, provided that grantee's liability shall be commensurately reduced by any contributory negligence.

(2) Arising out of any claim for invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or any other right of any person, firm or corporation, but excluding claims arising out of or related to City programming.

(3) Arising out of grantee's failure to comply with the provisions of any federal, state, or local statute, ordinances or regulation applicable to grantee in its business hereunder.

(b) The forgoing indemnity is conditioned upon the following:

The City shall give grantee prompt notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the City from cooperating with the grantee and participating in the defense of any litigation by its own counsel at its own costs and expense. No recovery by the City of any sum by reason of the liquidated damages required by the franchise shall be subject to litigation by the grantee, except that any sum so received by the City shall be deducted from any recovery which the City might have against the grantee under the terms of this section.
(Ord. 50-07. Passed 11-19-07.)

707.99 PENALTY.

Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 50-07. Passed 11-19-07.)

711.01 DEFINITIONS.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a) “Carnival" means and includes amusement activities, rides, merry-go-rounds, booths for the conduct of games of skill, food dispensing facilities and sideshows. A carnival shall not include gambling devices, games of chance, lotteries, punch boards or other activities in violation of State or Federal law or City ordinances.

(b) “Circus” means an organized event for the general public typically conducted in one or more very large tents or in an outdoor or indoor arena, featuring a number of acts including exhibitions of pageantry, feats of skill and daring, performing animals and clowns and performing on a regular basis throughout, at a minimum, a region of the United States.

(c) "Exhibition” or “Show" means any circus, menagerie, carnival, sideshow, and other similar transient enterprises which are operated for hire, or operated for the purpose of promoting or advertising any trade or business.

(d) "Exhibitor" means any person exhibiting any animals to the public, or promoting or advertising any trade or business to the public, and such term includes trade shows, business shows, circuses, menageries, carnivals, sideshows, and other similar transient enterprises exhibiting such animals, whether operated for profit or not; but such term excludes retail pet stores, organizations sponsoring and all persons participating in a county fair, livestock shows, rodeos, dog and cat shows, and any other fairs or activities intended to advance agricultural arts and sciences.

(e) “Menagarie” means a collection of live animals for study or display or the place where said collection of live animals are housed for exhibition.

(f) “Sideshow” means any incidental or subordinate component or part of an exhibition or show.

(Ord. 8-07. Passed 2-19-07.)

711.02 PERMISSION, PERMIT, BOND AND INSURANCE REQUIRED.

(a) No person, firm or corporation, except a permitee under this chapter, shall operate or manage any exhibition or show within the City.

(b) Every person, firm or corporation desiring to conduct an exhibition or show shall secure permission and a permit from the City Manager.

(c) The applicant shall furnish to the City Manager a certified copy of a certificate of general liability and property damage insurance in the amounts as follows:

(1) Public liability insurance in an amount of not less than five hundred thousand dollars ($500,000) for injuries, including accidental death, to any one person; subject to the same limit for each person, in an amount not less than one million dollars ($1,000,000) on account of each accident;

(2) Property damage insurance in the amount of not less than five hundred thousand dollars ($500,000) on account of any one accident which insurance shall protect the general public, and shall save, indemnify and keep harmless, within such limits, the City against all liability, judgments, damages, costs and expenses which may in any way accrue against the City in consequence of the granting of such permit and will in all things strictly comply with the conditions of such permit.

(Ord. 24-12. Passed 5-7-12.)

711.03 PERMIT FEE; EXEMPTION; ADMINISTRATIVE FEE.

As a conditional requirement to the licensing of any exhibition or show to operate in the City the applicant for said permit shall pay to the City a permit fee in the sum of five hundred dollars ($500.00) per day or part day the exhibition or show is conducted; however, if any exhibition or show is deemed to be an educational exhibit or a non-profit organization or community based organization as determined by the City Manager, then the foregoing permit fee shall be waived and in lieu thereof the applicant shall pay to the City a one time administrative fee of twenty-five dollars ($25.00) to help defray some of the time and expense in processing the application and issuing the permit.
(Ord. 24-12. Passed 5-7-12.)

711.04 APPLICATION REQUIRED.

(a) Any person desiring to conduct or operate any exhibition or show within the City limits shall make written application for a permit to the City Manager and file the same with the Clerk of Council not less than three (3) months prior to the time when it is desired to conduct or operate same.

(b) The application shall give the name and permanent address of the owner, and if owned by a company or corporation, or association, the application shall show said fact and shall also show the name of the manager or other officer in charge of said exhibition or show. In any event, the application shall show the person in active charge and control of operating or conducting the exhibition or show.

(c) The application shall provide the names and permanent addresses of all exhibit employees, including contract employees.

(d) The application shall further give a list by name and description of all proposed premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the exhibition or show.

(e) The application shall list all days and times of operation for all proposed premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the exhibition or show.

(f) The application shall list by genus or species the number and proposed location of all animals used in connection with all proposed premise activities, events, rides and uses operated in connection with the exhibition or show.

(g) The exhibitor shall also attest in writing that said premises will be kept in clean and orderly condition during the operating thereof and after the conclusion thereof shall be restored to the same condition it was in prior to the operation thereof, reasonable wear and tear excepted, and any trash or debris originating therefrom shall be removed from any surrounding property by the exhibitor at the exhibitor's expense.

(Ord. 8-07. Passed 2-19-07.)

711.05 DECISION ON APPLICATION.

(a) Within twenty-one (21) days after receipt of a complete application to conduct or operate an exhibition or show, the City Manager shall, in writing, approve, approve with conditions, defer, or deny said application.

(b) The City Manager shall only defer the application if, in his opinion, the application is incomplete or otherwise requires additional information.

(c) Upon notification of a deferred application by the City Manager the exhibitor shall have fourteen (14) days to respond in writing to the incomplete application or additional information requested by the City Manager.

(d) The exhibitor shall have seven (7) days to appeal to Council, in writing, any application approved with conditions or denied by the City Manager.

(e) Within twenty-one (21) days of the exhibitor’s appeal of an application approved with conditions or denied by the City Manager, City Council shall hold a public hearing to decide on the application. Council shall approve, approve with original conditions as determined by the City Manager, approve with modified conditions, or deny the application.

(Ord. 8-07. Passed 2-19-07.)

711.06 ISSUANCE OF PERMIT

Upon approval of an application for a permit and payment of the fee prescribed by Section 711.03, the City Manager shall issue an exhibit permit to the applicant.

(Ord. 8-07. Passed 2-19-07.)

711.07 TERM OF PERMIT.

A permit issued under this Chapter shall cover one appearance for the continuous number of days and hours of operation approved by the City Manager. A new permit shall be required each time the exhibition or show returns to the City.

(Ord. 8-07. Passed 2-19-07.)

711.08 PERMITTED OPERATIONS UNDER PERMIT.

The permit granted to the exhibition or show shall cover and permit only premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the approved exhibition or show. Any person obtaining a permit to conduct or operate an exhibition or show within the City limits shall have the right to operate only those premise activities, events, rides, booths, tents and other temporary structures, improvements and uses operated in connection with the exhibition or show which are under the direct charge and supervision of the owner or operator of the exhibition or show, and it shall be unlawful for any person to conduct or operate in connection with the exhibition or show any other premise activities, events, rides, booths, tents and other temporary structures, improvements and uses.

(Ord. 8-07. Passed 2-19-07.)

711.09 PROHIBITIONS UNDER PERMIT.

The following activities or uses are expressly prohibited as part of any approved exhibition or show:

(a) Adult uses or sexually oriented businesses as defined in Section 701.02 of the Codified Ordinances;

(b) The sale of alcoholic beverages;

(d) Activities such as animal races and cockfighting, which reasonably could result in a violation of Chapter 505 of the Codified Ordinances;

(e) Any activity which permits, or reasonably could result in physical contact between a dangerous animal, as defined in Section 1171.12 of the Zoning Code, and an exhibition or show patron;

(f) Application of permanent body art, which includes tattooing, body piercing, branding and scarification, as defined and regulated by Chapter 712 of the Codified Ordinances;

(g) Massage, as regulated by Chapter 704 of the Codified Ordinances;

(h) Gambling or games of chance, except as permitted by Chapter 517 of the Codified Ordinances;

(i) Circus, carnival, tent show and related activities conducted in violation of Section 1171.40 of the Zoning Code.

(j) Any other activity or use which in the opinion of the City Manager, Police Chief, Fire Chief, Chief Building Official or City Engineer, jeopardizes the health, safety and welfare of the public.

(Ord. 8-07. Passed 2-19-07.)

711.10 REVOCATION OF PERMIT.

If the City Manager determines that the exhibitor or permittee, or any of their servants, agents or employees violated or attempted to violate any law of the United States Government, State of Ohio, Greene County or any ordinance of the City of Fairborn or the rules and regulations of any department thereof concerned, or that the exhibitor or permittee failed to take adequate security measures to prevent patrons, on or about the premises, from violating any of the above laws; or, if in the opinion of the City Manager, it is deemed necessary for the protection of the health, safety and welfare of the public, the City Manager, after written or verbal notice to the exhibitor or permittee, shall have the power to suspend or revoke any permit issued under the provisions of Chapter 711.

(Ord. 8-07. Passed 2-19-07.)

711.11 ADVERTISING RESTRICTIONS.

Any placards, handbills, posters and other advertising materials used, placed or caused to be placed by applicant or agent of the applicant in the public right-of-way or on public property in publicizing their exhibition or show shall be unlawful and shall constitute a misdemeanor. Any placards, handbills, posters and other advertising materials used, placed or caused to be placed by applicant or agent of the applicant on private property without the permission of the owner or person in charge thereof in publicizing their exhibition or show shall be unlawful and shall constitute a misdemeanor. Said materials shall be removed by applicant at the applicant’s expense. The City Manager reserves the right to deny an applicant’s permit for failure to adhere to the provisions of this subsection in reviewing an application under this chapter.

(Ord. 8-07. Passed 2-19-07.)

711.12 RELATIONSHIP TO OTHER CODES.

Neither the approval nor conditional approval of an exhibition or show shall constitute or waive compliance with any other applicable provisions of the Code of Ordinances or other applicable ordinances or regulations adopted by the City, Greene County, State or Federal government. Nor shall any such approval authorize or be deemed to authorize a violation or failure to comply with other applicable provisions of the Code of Ordinances or other applicable ordinances or regulations adopted by the City, Greene County, State or Federal government. (Ord. 8-07. Passed 2-19-07.)

711.99 PENALTY.

Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.00).

(Ord. 8-07. Passed 2-19-07.)

712.01 PURPOSE, FINDINGS AND INTENT.

The purpose of this chapter is to regulate tattooing and body piercing businesses and prohibit branding and scarification in order to protect the general health, safety and welfare of the citizens of the City of Fairborn. In addition, City Council finds that:

(a) The experience of other cities indicates that there is a connection between tattooing and body piercing businesses and the threat of AIDS/HIV and hepatitis contamination through shared needles and other aspects of tattooing and body piercing processes.

(b) Stringent regulations governing tattooing and body piercing can minimize the AIDS/HIV and hepatitis risk, and therefore protect the general health, safety, and welfare of the community.

(c) It is not the intent to prohibit tattoo and/or body piercing businesses from locating in the City.
(Ord. 9-07. Passed 2-19-07.)

712.02 DEFINITIONS.

(a) “Body piercing” means the piercing of any part of the body by someone other than a physician licensed under Ohio R.C. Chapter 4731, who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes; body piercing includes ear piercing except when the ear piercing procedure is performed on the ear with an ear piercing gun.

(b) “Body piercing operator” means any person other than a physician licensed under Ohio R.C. Chapter 4731 who utilizes a needle or other instrument for the purpose of inserting an object into the body for non-medical purposes, except ear piercing performed on the ear with an ear piercing gun.

(d) “Branding” means the non-medical burning of a mark or marks on or into the flesh of a human being by someone other than a physician licensed under Ohio R.C. Chapter 4731, by the use of a hot iron, hot rod or other such instrument.

(e) “Ear piercing gun” means a mechanical device that pierces the ear by forcing a disposable single-use stud or solid needle through the ear.

(f) “Person” means any person, firm, corporation, partnership, association or agent thereof.

(g) “Scarification” means the non-medical making of an incision or slit on or into the flesh of a human being by someone other than a physician licensed under Ohio R.C. Chapter 4731, for the purpose of leaving a scar or other like mark on the flesh following the healing of such incision or slit.

(h) “Tattoo,” “tattooed” or “tattooing” means any method of placing designs, letters, scrolls, figures, symbols or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin.

(i) “Tattoo operator” or “tattoo artist” means any person who places a tattoo on another person either for free or for a consideration.

(Ord. 9-07. Passed 2-19-07.)

712.03 GENERAL REQUIREMENTS FOR TATTOOING AND BODY PIERCING BUSINESSES.

(a) No person shall control, operate, conduct or manage any tattoo business or body piercing business, whether to not actually performing the work of tattooing or body piercing, without first obtaining approval from the Greene County Health Department in accordance with Ohio Revised Code Chapter 3730.

(b) Every tattoo business or body piercing business shall contain not less than 150 square feet of usable floor space. If more than one operator or artist is engaged in the tattooing or body piercing profession in the same operation, there shall be a minimum of 100 square feet of floor space for each operator or artist.

(c) Every tattoo artist, tattoo operator and body piercing operator shall at all times comply with the following requirements:

(1) All tattooing related procedures and body piercing procedures shall be performed in a clean, safe and sanitary manner as required by the Greene County Health Department so as to minimize the potential of disease transmission.

(2) All areas of a tattoo business and a body piercing business shall be constructed and maintained in a clean, safe and sanitary manner in compliance with all applicable statutes, laws, regulations and codes of the Greene County Health Department and State of Ohio.

(Ord. 9-07. Passed 2-19-07.)

712.04 GENERAL PROHIBITIONS.

It shall be unlawful:

(a) To perform tattooing related procedures and body piercing procedures on any person who is known to have, or who shows signs of having any communicable disease or any disease of the skin, including rashes, pimples, boils, infections or any manifestation or evidence of unhealthy conditions.

(b) To perform tattooing related procedures and body piercing procedures on any person under the influence of alcohol and/or any narcotic drug or drug of abuse.

(c) For any tattoo artist, tattoo operator and body piercing operator to be under the influence of alcohol and/or narcotic drug or drug of abuse when performing tattooing related procedures and body piercing procedures.

(d) To perform tattooing related procedures and body piercing procedures on any person under eighteen (18) years of age.

(e) To perform tattooing related procedures and body piercing procedures on the genitals, pubic area, or buttocks of any person, and tattooing and body piercing procedures on any portion of the breast below the aureole.

(Ord. 9-07. Passed 2-19-07.)

712.05 PROHIBITION OF BRANDING OR SCARIFICATION.

No person shall operate a business within the City that offers branding or scarification services.
(Ord. 9-07. Passed 2-19-07.)

712.06 WHERE AND HOW PERMITTED AND PROHIBITED.

(a) No tattoo business or body piercing business shall be located within a 1,000 feet radius of another tattoo business or body piercing business.

(b) No tattoo business or body piercing business shall be located within a 1,000 feet radius of a residential zoning district or a parcel of land containing a religious institution, school, child care facility, nursing or retirement home, library, museum, park, swimming pool, playground, place of public amusement or other areas where large numbers of minors regularly travel or congregate, within or outside the City corporate limits.

(c) In no case shall a tattoo business or body piercing business be permitted as an accessory use.
(Ord. 9-07. Passed 2-19-07.)

712.07 RECORD KEEPING.

Permanent records of each patron or customer shall be maintained by the tattoo operator or body piercing operator. Before the tattooing or body piercing operation performs tattooing related procedures or body piercing procedures, the patron or customer shall be required to enter, on a record form provided by such business, the date, his or her name, address, age, and his or her signature. This data will be verified by requiring the patron to produce a valid state driver's license or other form of government picture identification. Such records shall be maintained at the business by the tattoo operator or body piercing operator and shall be available for examination by the City Manager, Police Chief or Chief Building Official. Records shall be retained by the operator for a period of not less than five (5) years. In the event of a change of ownership or closing of the business. All such records shall be retained by the operator and made available to the City Manager, Police Chief or Chief Building Official upon request.
(Ord. 9-07. Passed 2-19-07.)

712.08 REVOCATION OF CERTIFICATE OF USE.

The Chief Building Official may revoke the certificate of use issued for the premises of a tattoo business or body piercing business for:

(a) A revocation of approval for the same premises by The Greene County Health Department in accordance with Ohio Revised Code Chapter 3730; or,

(b) A violation of any provision of Section 1171.41 of the Zoning Code.

(Ord. 9-07. Passed 2-19-07.)

712.99 PENALTY.

Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and shall be fined not more than fifty dollars ($50.00).

(Ord. 9-07. Passed 2-19-07.)

715.01 INTENT.

It is the intent of this chapter to regulate, restrict and control sales conducted on premises within residential zoning districts.

It is not the intent of this chapter to prohibit sales conducted by nonconforming businesses located in residential zoning districts.
(Ord. 28-88. Passed 6-6-88.)

715.02 DEFINITION.

"Home Sale" means a sale of personal property to the general public conducted on any portion of the residence property within a residential zoning district, to include but not to be limited to, garage sales, patio sales, yard sales, carport sales, basement sales, porch sales, driveway sales, rummage sales and the like.
(Ord. 28-88. Passed 6-6-88.)

715.03 PROHIBITIONS.

(a) No person, firm, or corporation shall conduct home sales within any residential zoning district in the City, without first obtaining a permit from the City Clerk or other duly authorized issuing authority.

(b) No person, firm, or corporation which has obtained a permit shall violate the rules and regulations as provided within this chapter.

(c) No home sale shall be conducted by more than one resident without the consent of the Safety Director or his responsible agent.

(d) No home sale shall be conducted by the same resident or member of his or her family and/or on the same residential property more than two times within a calendar year.

(e) No home sale shall be conducted during hours other than those hours prescribed by the Director and in no event shall a home sale last more than four consecutive days.

(f) No home sale shall offer any merchandise for sale that has been purchased by the resident for purposes of resale at such home sale. Any new merchandise offered for sale shall be prima-facie evidence as merchandise purchased by the resident for resale at such home sale.

(g) No resident shall post more than one sign per street front on the lot on which the sale is located. Such home sale sign shall not exceed four and one half feet in area, shall advertise the home sale and shall be displayed only on the lot the day or days of such sale. Such sign shall not be illuminated or animated. No other signs shall be permitted to be erected or maintained in any R-1 to R-4 zoning district.
(Ord. 28-88. Passed 6-6-88.)

715.04 PERMIT APPLICATION; FEE.

(a) Contents of Application. The City Clerk shall provide applications for permits and permit licenses for home sales. Such application for a permit shall include the name of the applicant who shall be a resident of the City, his address, telephone number, length of residence within the City, the nature of the merchandise to be offered for sale, the date of the sale and hours and duration of the sale.

(b) Submission of Application; Hours of Sale. The application for a permit is to be submitted by the Clerk to the Safety Director or other responsible agent and the Chief of Police or other responsible agent. The Director shall approve the application and shall regulate the hours of the home sale issued to the resident applicant, except, no home sale shall be commenced earlier than 9:00 a.m. nor shall such sale last later than 8:00 p.m.

(d) Display. Every licensee conducting a home sale shall keep posted in a prominent place, upon the licensed premises, the permit certificate and shall exhibit same upon request.
(Ord. 28-88. Passed 6-6-88.)

715.99 PENALTY.

Whoever violates or fails to comply with any provision of this chapter shall be fined for a first offense not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00), and for a second offense shall be fined not more than fifty dollars ($50.00).

(Ord. 28-88. Passed 6-6-88.)

723.01 DEFINITIONS.

For the purposes of this chapter:

(a) "Streets" means any street, alley or other public way or place, or part thereof, in the City open to the public for the use of vehicles thereupon.

(b) "Persons" means and includes partnerships, voluntary associations, corporations, joint-stock companies and natural persons.

(c) "Motorbus" means and includes any mechanically propelled vehicle, not operated upon fixed tracks, used in the business of transporting persons for hire, exclusive of taxicabs as defined in Section 731.01.
(Ord. 1-53. Passed 1-5-53.)

723.02 URBAN MOTORBUSSES REGULATED.

No person shall engage in the business of operating or operate any motorbus over and along any of the streets of the City for the purpose of transporting persons for hire, except as herein provided.
(Ord. 1-53. Passed 1-5-53.)

723.03 APPLICATION FOR ROUTE.

Any person desiring to engage in business of operating a motorbus over and along any street in the City as a regular route for the transportation of passengers for hire, both termini of such route being located within the corporate limits, shall file an application for the establishment of a route therefor within the City with the Clerk of Council, setting forth the route desired and having attached a map showing the streets and parts of streets which the applicant desires to use for such purposes, and giving the number of busses the applicant proposes to operate over such proposed route, as well as a complete schedule of trips which such busses will make over such proposed route, and the headway to be maintained between busses operating thereon and he shall deposit with the Clerk a sum, to be fixed by the Clerk, sufficient to pay for the publication of the notice of the application and the resolution establishing such route as hereinafter provided.

Notice of the filing of such application shall be published herewith by the Clerk in the newspaper in which the City publishes ordinances and other legal publications, which notice shall state that Council will hear parties in interest in reference to the establishment of such route at a meeting designated by Council after the filing of the application. Such notice shall be published once, at least five days prior to such hearing.

The Clerk shall also refer the application to the City Manager, who shall examine the same and the proposed route and report his recommendations in reference thereto at the meeting fixed for the consideration by the Council of the application, calling attention to any street or traffic conditions which may affect the desirability thereof.

After such report by the City Manager and hearing by Council, then Council shall take such action in reference thereto as it shall think proper, amending or changing the same if it considers it in the public interest to do so, and if it considers that it is in the public interest to do so, shall establish such route by resolution, either in accordance with the application, or amended as it thinks proper, and shall approve or modify as it considers the public interest requires the schedule upon which busses shall operate on such route.

If the person filing the application desires to operate over the route so established within thirty days after the adoption of such resolution, he shall file with the Clerk of Council his written acceptance thereof, embodying therein, in form to be approved by the City Solicitor, his agreement to operate over such route in conformity with the provisions of this chapter or of any City ordinance or State law, regulating motorbusses, or applying thereto.
(Ord. 1-53. Passed 1-5-53.)

723.04 CHANGE OF ROUTE.

If at any time after the establishment of such route as provided in Section 723.03 Council shall consider it in the public interest to do so, it may amend by resolution, any such route as it shall think proper, and the City Manager is hereby authorized, by order, whenever in his judgment it is necessary to do so because of any temporary street or traffic condition, to make temporary changes in such route.
(Ord. 1-53. Passed 1-5-53.)

723.05 APPLICATION FOR LICENSE; FEES.

Any person who has accepted a motorbus route, established as herein provided, may, within thirty days after such acceptance, file with the Clerk an application for a license to operate over such route, which application shall set forth the number of busses to be operated, together with seating capacity, name, factory number, State motor vehicle license number and horse power of each motorbus for which a license is desired, and shall state how the same are heated and lighted and give the number and exact location of each exit of each motorbus, and shall pay to the City Clerk a license fee for each motorbus such applicant proposes to operate regularly over such route, which fee shall be determined as follows:

At the rate of three dollars ($3.00) per capita seating capacity of each bus having a seating capacity of twenty-five or less passengers; at the rate of four dollars ($4.00) per capita seating capacity of each such bus having a seating capacity of more than twenty-five passengers.

Thereupon, the City Clerk shall issue such license which shall run for one year from the date thereof and shall authorize the licensee to operate motorbusses over such route during such period pursuant to this chapter and subject to the provisions of this chapter, or any amendment hereto, or of any other City ordinance or State law regulating motorbusses, or applicable thereto. If the licensee shall thereafter desire to place in operation additional busses over such route, he shall make application for a license for each such motorbus, paying the fees herein provided, if such additional busses are to be placed in regular operation over such route, except that if such application is made within six months prior to the expiration of the annual license then in effect, the fee therefor shall be at one-half the regular rate.

(Ord. 1-53. Passed 1-5-53.)

723.06 LICENSE ISSUANCE, DISPLAY, DUPLICATION.

A license shall be furnished by the City Clerk, and such license shall be displayed at all times during the term of the license as hereinafter provided. If a license is lost, a duplicate shall be supplied by the City Clerk upon payment of one dollar ($1.00) therefor by the licensee.
(Ord. 1-53. Passed 1-5-53.)

723.07 OPERATION OF ROUTE.

No person, licensed pursuant to this chapter, shall operate any motorbus in the City on any route other than the route provided by such license, and no such licensee shall fail or refuse to operate any motorbus over the whole of such route from one terminus to the other upon each trip, nor shall he neglect, fail or refuse to comply with any requirement or condition of any ordinance or regulation of the City with respect to motorbus routes, including the terms and conditions of the license issued, for any such bus. No person shall neglect, fail or refuse to operate any motorbus, licensed pursuant to this chapter over the route specified in such license, according to the time schedule fixed in Council's approval of the route, or neglect, fail or refuse to make any trip required by such schedule, in the absence of a good and sufficient reason therefor to the effect that the motorbus required to make such trip was not at that time in fit mechanical condition therefor, or was otherwise incapacitated so as to render the use thereof unsafe to passengers or to other persons upon the public streets.

(Ord. 1-53. Passed 1-5-53.)

723.08 BOND; INSURANCE.

Every licensee hereunder, except as hereinafter provided, shall furnish and file with the City Clerk a good and sufficient indemnity bond, to the approval of the City Clerk, and also to the approval of the City Solicitor as to form, with limits of liability of ten thousand dollars ($10,000) for each person, and subject to that limit for each person, and one hundred thousand dollars ($100,000) for each accident, and no person shall operate any such motorbus without having given sufficient indemnity bond as herein specified. Such indemnity bond shall be kept and maintained, as hereinafter provided, at the amounts set forth during the whole time of operation of such motorbus and until every claim against such licensee for damage, injuries or death incurred or suffered by property or person through neglect or wrongful act in the operation of such motorbus is completely satisfied. Such bond shall be conditioned to the effect that in the event of any person or property being injured or damaged or any death being caused by neglect or wrongful act in the operation of any motorbus owned or operated by the licensee filing such bond, the person so injured in person or property, or the legal representatives of any such deceased person, shall have a right of action thereon, and that the bond shall remain in full force until such claim is settled, and such bond shall contain express provisions to the effect that such bond shall not become void upon first recovery, but may be sure upon and recovery had from time to time until the full amount is exhausted.

In case of recovery against or payment of damages by the surety upon any such bond, the principal shall at once give additional bond in the amount paid or recovered, to the end that there shall be at all times the principal sum hereinbefore specified available for the compensation for death or wrongful act, for injuries and for property damages in the sum hereinafter stated. However, in lieu of the giving of such bond, every licensee hereunder at his option, may file with the Clerk a liability insurance policy with limits of liability of ten thousand dollars ($10,000) for each person, and subject to that limit for each person, and one hundred thousand dollars ($100,000) for each accident, for one operation of each motorbus, such policy to be written by an insurance or liability company authorized to carry on business and write such insurance in Ohio.

Such policy shall be acceptable to and be approved by the Clerk and by the City Solicitor as to form, and it shall be unlawful to operate any motorbus until such policy is filed, accepted and approved as aforesaid, or bond is given as above provided. The policy shall be kept and maintained, as hereinafter provided, at the amount herein specified during the whole time of operation of any such motorbus, and until satisfaction is made of every claim against the licensee for injuries, damages or death by neglect or wrongful act sustained by any person not an employee of such licensee or by property belonging to anyone other than an employee of the licensee.

Such insurance policy shall contain the following provisions:

(a) The insurer desiring to cancel such policy shall give notice thereof in writing to the Clerk not less than ten days prior to such proposed cancellation, and

(b) Until ten days after such written notice is given by the insurer to the Clerk, such policy shall be and remain in full force and effect.

Such policy shall contain a further provision that the insolvency or bankruptcy of the licensee so insured shall not release the insurer from the payment of damages for injuries sustained, or death by wrongful act or loss incurred, including damage to the property of anyone other than the licensee or an employee of the licensee, and that in case of execution against the insured, licensee is returned unsatisfied in any such action on account of damage for injuries or death, or damages to property, then an action may be maintained by such injured person or his personal representative, or by any person sustaining damage or any person entitled to sue for death by wrongful act against the insurance company for the amount of the judgment in such action not exceeding the amount of the policy, and further, that the policy may be sued upon at any time in accordance with the laws of the State, provided that any bond or insurance policy given pursuant to this section shall be sufficient if it provides for property damage in a sum not less than ten thousand dollars ($10,000), but nothing herein shall be construed as a modification of this section, except as pertains to the amount of the property damage protection to be given.
(Ord. 1-53. Passed 1-5-53.)

723.09 LICENSE DISPLAYED.

No person operating a motorbus pursuant to this chapter shall fail to carry and constantly display in a prominent place on the front part of the outside the license or number as issued by the City Clerk, and in addition thereto, a neat and appropriate sign in a conspicuous place showing the route such bus travels. Such license or number, the sign displaying the rate of fare and sign displaying the name of the route shall be so placed as to be and shall be illuminated at night and plainly visible from in front of the motorbus.

(Ord. 1-53. Passed 1-5-53.)

723.10 CONSTRUCTION AND MAINTENANCE.

Any bus licensed hereunder shall be constructed and at all times maintained in a safe and proper manner, capable of safely carrying twenty-five percent in excess of its capacity number of passengers and the means of ingress and egress thereto by doors, steps and otherwise shall be of such a character as to permit an easy ingress and egress; any such bus shall be kept in safe condition at all times and shall be kept clean and in sanitary condition at all times, all to the satisfaction of the Health Officer with reference to sanitary conditions and to the satisfaction of the City Manager with reference to the construction and maintenance of any such bus, so that the same may be at all times in good and safe condition for operation. It is hereby made the duty of the Health Officer to inspect all motorbusses licensed hereunder at such intervals as may be necessary to enforce the proper sanitary regulations and it is hereby made the duty of the City Manager to have all licensed motorbusses inspected at such intervals as may be found necessary.

Failure by any licensee to comply with the orders of either the Health Officer or the City Manager, following any inspection authorized by this section, shall be reported to Council, which shall thereupon summon such licensee before it at its next regular or any succeeding regular meeting to show cause why the license should not be revoked. If, upon such hearing, Council determines that public interest requires that such license be revoked, such order therefor shall be transmitted to the City Clerk.
(Ord. 1-53. Passed 1-5-53.)

723.11 MISDEMEANORS.

No licensee, driver of a motorbus or any person being a passenger thereon shall do any one of the following things:

(a) Drive or operate any such motorbus while any passenger or other person is standing upon a running board, fender, mud guard or other outside part of such vehicle.

(b) Operate a motorbus while any passenger or other person or thing obstructs in any manner the view of the driver thereof.

(d) Smoke while the motorbus is in operation or waiting to receive or discharge passengers.

(e) Refuse to carry any person who properly applied for passage on such motorbus unless the same is loaded to capacity as hereinbefore provided.

(f) If, owing to any accident or other cause, such motorbus is unable to promptly continue a trip on its regular route within five minutes, no fare shall be collected from any passenger thereon, unless the bus operator shall otherwise provide for transportation of its passengers.

(g) Operate a motorbus without having on hand at all times at least one pair of skid chains and a fire extinguisher so placed as to be easily within reach of the driver thereof.

(h) Occupy or permit any person to occupy the driver's seat along with the driver.

(i) Honk or call for passengers from the street or curb. Any solicitation for trade except by display of sign on the motorbus, as hereinbefore provided, is hereby prohibited; the starting of such busses upon trips by calling, whistling or the use of any noise-making device is prohibited, it being the intention of this chapter that busses shall follow their regular route upon schedules and without stops in the congested or business district, provided that stops may be made in the congested or business district for the purpose of receiving and discharging passengers.

(j) Receive any money or other thing of value in behalf of or from any passenger on a bus licensed hereunder, or provide and carry upon any such bus a coin box or other receptacle with the obvious intention that a passenger may deposit money or any other thing of value therein, as pay for a ride on such bus, provided such bus carries a sign to the effect that the same is for the purpose of furnishing free transportation.

(k) Expectorate or spit upon the floors, walls or any part of such bus, or violate any sanitary law in connection with the operation of a bus for the protection of the health of bus drivers and passengers, or commit any nuisance therein.

(Ord. 1-53. Passed 1-5-53.)

723.12 STOPPING PLACES.

All stops for the purpose of receiving and discharging passengers shall be made at the places selected by the City Manager, after giving full consideration to public interest and convenience.
(Ord. 1-53. Passed 1-5-53.)

723.13 HEATING APPARATUS; LIGHTS.

Every bus licensed pursuant to this chapter shall have full equipment, so as to heat the interior thereof at all times to at least sixty degrees Fahrenheit, and with lights so as to adequately provide the interior with bright light. It is the duty of the driver to see that heat is turned on when necessary to maintain the temperature as specified and to see that the lights are turned on as soon as the lights are turned upon the streets of the City.

(Ord. 1-53. Passed 1-5-53.)

723.14 RATES OF FARE.

The rates of fare chargeable by any motorbus, licensed hereunder, for one continuous passage on its line shall be determined and fixed by resolution of Council.

(Ord. 1-53. Passed 1-5-53.)

723.15 TEMPORARY LICENSES.

No temporary licenses shall be issued under this chapter except when, in the opinion of Council and as declared by resolution, an extraordinary public emergency arises affecting public transportation upon the streets within the City, in which case temporary licenses may be issued by the City Clerk. The fee for such temporary licenses shall be five dollars ($5.00). Such temporary licenses shall not be granted for a period to exceed fifteen days, but the same may be renewed from time to time for fifteen-day periods, upon order of the Council. All such temporary licenses shall be issued subject to the terms and conditions of this chapter, except that application may be made and acted upon in such manner, other than pursuant to Section 723.03, as the Council may order by resolution.

(Ord. 1-53. Passed 1-5-53.)

723.16 EXITS.

Every motorbus licensed hereunder shall be provided with at least two exits, one on each side or one front and one rear. If, for convenience in the collection of fares and the receipt and discharge of passengers, only one exit is regularly used, the other shall be provided with a device which may be controlled from the driver's seat, and in addition, by any passenger, so that such exit may be opened quickly upon emergency, and no passenger shall so open such second exit unless there is an emergency or other condition indicating imminent danger.
(Ord. 1-53. Passed 1-5-53.)

723.17 DRIVER'S LICENSE.

No person shall drive any motorbus licensed hereunder upon the streets of the City without having secured and having in force and effect a chauffeur's license issued pursuant to the laws of the State.
(Ord. 1-53. Passed 1-5-53.)

723.18 SUSPENSION OR REVOCATION.

Whenever any person holding a license issued under this chapter, or the driver of any bus so licensed, shall be convicted of any violation of this chapter or of any ordinance or law relating to the operation of motorbusses, or is convicted of a violation of any traffic ordinance or law applicable to motorbusses, or is convicted of a crime committed while in charge of such motorbus, the City Manager is hereby empowered to suspend such license for a period not to exceed thirty days, during which time such suspension shall be subject to review by Council. Such suspension may be appealed to Council within a period of ten days.

(Ord. 1-53. Passed 1-5-53.)

723.19 GOOD FAITH OPERATION.

It is unlawful and is hereby declared to be a nuisance for any person to operate any motorbus for the purpose of hauling passengers over a regular route, except under the provisions and according to the terms of this chapter and for any purpose other than to furnish in good faith a necessary means of transportation not then being furnished regularly in any other manner. All such busses shall charge a reasonable fare for each passenger carried.

(Ord. 1-53. Passed 1-5-53.)

723.99 PENALTY.

Whoever violates any provision of this chapter shall be fined not less than twenty-five dollars ($25.00), or more than five hundred dollars ($500.00) for a first offense; and not less than fifty dollars ($50.00), or more than five hundred dollars ($500.00) for a second offense; and not less than one hundred dollars ($100.00), or more than five hundred dollars ($500.00) and imprisoned not less than ten days or more than six months for each subsequent offense. Every violation shall constitute a separate offense. Violations occurring simultaneously shall be prosecuted as separate offenses, but two or more violations at the same time shall not require that the accused actually be given a separate sentence of imprisonment as herein provided, in case a third offense is thus constituted, unless in the discretion of the court, the same is found to be proper and necessary.

(Ord. 1-53. Passed 1-5-53.)

727.01 DEFINITIONS

As used in this chapter:

(a) "Canvassing," "canvassers" and "canvass" means the house-to-house distribution of ideas, pamphlets, literature, and the like, or the collection of signatures or support for any purpose or cause. This definition does not include solicitation, peddling, or vending, as those terms are defined in this section. This definition includes requesting contributions when such requests are made in conjunction with the house-to-house distribution of ideas, pamphlets, literature or the collection of signatures or support for any purpose or cause. This definition includes both "contact canvassers" and "non-contact canvassers" as defined in subsections (a)(1) and (a)(2) hereof.

(1) "Contact canvassers" and contact canvassing" means those persons who canvass, as defined in subsection (a) hereof through in person, face-to-face contact, verbal or otherwise, with individual residents.

(2) "Non-contact canvassers" and "non-contact canvassing" mean those persons who canvass, as defined in subsection (a) hereof, without attempting in person, face-to-face contact with individual residents, such as the distribution of leaflets and/or pamphlets by leaving them at a place of residence.

(b) "Charitable" means and includes the words patriotic, philanthropic, social service, welfare, benevolent, educational, fraternal or any agency created for the purpose of supporting health research or health measures, either actual or purported.

(d) "Contribution" means the gift, sale for less than market value or purchase for more than the market value of alms, food, clothing, money or property, including donations under the guise of a loan of money or property or the rental thereof for any charitable, religious or political use or purpose.

(e) "Peddler" means an itinerant solicitant/trader who sells wares which he or she may carry with him or her travelling place to place.

(f) "Person" means any firm, co-partnership, corporation, company, association, joint stock association, church, religious sect, religious denomination, society, organization or league, and includes any trustee, receiver, assignee, agent or other similar representative thereof.

(g) "Political" and "political organization" shall not mean or include the term "charitable." Such terms shall be given their commonly accepted definitions. It is not necessary that a person be a candidate for an office or in support of another person as a candidate to be included within the definition "political" or "political organization."

(h) "Solicit" and "solicitation" mean the method by which a peddler or vendor conveys his/her wares: or the request, either directly or indirectly, for money, credit, property, financial assistance, or other thing of value on the plea or representation that which is being solicited will be used for charitable, political, or religious purpose.

(i) "Religious" and "religion" shall not mean and include the term "charitable." Such terms shall be given their commonly accepted definitions.

(j) "Vendor" means a person who transfers property by door-to-door sales.

(Ord. 16-14. Passed 5-5-14.)

727.03 AUTHORITY TO ISSUE LICENSE.

The Chief of Police is hereby authorized to grant, issue and revoke a license to any person who desires to vend, solicit, peddle or request contributions under this chapter.

(Ord. 16-14. Passed 5-5-14.)

727.05 LICENSE OR REGISTRATION REQUIRED.

No person shall peddle, vend, solicit or request contributions for any purpose, charitable or otherwise, unless such person has obtained a license from the City or unless the person meets the exception contained in Section 727.15. Such person shall carry the license required by this section, a photographic identification card, and the do-not-solicit list required by Section 727.23, at all times while exercising such calling and shall, upon demand, exhibit those items to any official of the City or occupant of any residence or business establishment being contacted. (Ord. 16-14. Passed 5-5-14.)

727.07 LICENSE APPLICATION.

(a) An application for a license to peddle, vend, solicit or request contributions shall be made on forms provided by the City. The Chief of Police shall issue the license if:

(1) All of the statements made in the application are true.

(2) The applicant has provided a valid photographic identification card.

(3) The applicant has not been convicted of a felony or misdemeanor involving force, violence, fraud, theft or a sexually oriented offense.

(b) Where such solicitation shall be involved a minor child or minor children; such application for licensing shall be made by an adult person, who shall be subject to the aforementioned requirements of this section. Such application will be required to contain the solicitation efforts with all other terms and conditions of this chapter in full effect.

(Ord. 16-14. Passed 5-5-14.)

727.09 LICENSE WAITING PERIOD; INVESTIGATION.

A waiting period, not to exceed seventy-two hours after receipt of completed application for a license to peddle, vend, solicit or request contributions, shall be required for the purpose of having the Police Department make an independent inquiry of the requirements specified in Section 727.07. (Ord. 16-14. Passed 5-5-14.)

727.11 LICENSE FEE.

No fee shall be charged or collected with regard to the issuance of a solicitation license under this chapter. Each separate person shall have an individual license in order to solicit within the City. (Ord. 16-14. Passed 5-5-14.)

727.13 LICENSE EXPIRATION; REVOCATION OR SUSPENSION.

Unless otherwise specified, any license issued pursuant to this chapter shall expire not later than ten days following the date of issuance. Any license issued under this chapter may be revoked or suspended at any time by the Chief of Police if the holder:

(a) Is found to have misrepresented any statement on the application for a license to peddle, vend, solicit or request contributions;

(b) Violates any of the provisions of this chapter,

(c) Is the subject of a complaint for criminal trespass as defined by Section 541.05 of the Fairborn Codified Ordinances; or

(d) Is found to be convicted of a felony or misdemeanor involving force, violence, fraud, theft or a sexually-oriented offense.

(Ord. 16-14. Passed 5-5-14.)

727.15 EXCEPTIONS FROM LICENSE AND FEES.

Except as otherwise provided in Sections 727.21 and 727.23, the restrictions of this chapter do not apply to any canvassing activity defined in Section 727.01.

(Ord. 16-14. Passed 5-5-14.)

727.17 COMPLIANCE WITH STATE LAW.

A representative of a charitable organization, as defined in Ohio R.C. Chapter 1716, may be required, if requested by the Chief of Police or his or her designee, to provide certification that such organization is duly registered with the Ohio Attorney General's office.

(Ord. 16-14. Passed 5-5-14.)

727.19 FALSIFICATION; MISREPRESENTATION.

No person required to obtain a license to solicit, peddle, vend or request contributions under this chapter shall register a false or fictitious name or address or represent by words or action that he or she is the employee, agent, partner or representative of such person or organization. (Ord. 16-14. Passed 5-5-14.)

727.21 HOURS OF SOLICITATION.

(a) All peddling, vending, soliciting, and requests for contributions other than in conjunction with canvassing activity, permitted under this chapter may be made only between the hours of 9:00 a.m. and 9:00 p.m.

(b) All canvassing permitted under this chapter may be made only between the hours of 9:00 a.m. and 9:00 p.m.

(Ord. 16-14. Passed 5-5-14.)

727.23 PROHIBITED SOLICITING; NOTICE

(a) The Chief of Police shall maintain the do-not-solicit list. Any property owner, or tenant if the property is leased, may elect to add or remove his or her residence to or from the list, at any time by:

(1) Calling or visiting Police Administration;

(2) Directing an e-mail request to the City through a link to be maintained on the City's website for that purpose;

(3) Returning a request form to be included annually in the Fairborn Annual Report.

(b) Every person who elects to add his or her residence to the do-not-solicit list shall be required to re-register such residence every five years. Any residence that is not re-registered in accordance with this section shall be removed from the do not solicit list;

(c) The Chief of Police shall provide a copy of the do-not solicit list to each person issued a license pursuant to Section 727.05. In addition, any person may obtain a copy of the do-not-solicit list by:

(1) Visiting the City's offices or the Police Department during normal business hours;

(2) Accessing a copy from the City's website.

(d) No person shall enter onto the property for any residence listed on the do-not-solicit list maintained in accordance with subsection (a) hereof for the purpose of contact, canvassing, peddling, vending, soliciting, or requesting contributions.

(e) No person shall knock at the door or ring the doorbell of any residence, apartment or other dwelling unit in the City upon which is clearly displayed at the entrance a notice that reads "NO SOLICITORS" or that otherwise clearly purports to prohibit peddlers, contact canvassers, vendors, solicitors, or persons requesting contributions, unless such person is or has been invited upon the premises by the occupant thereof.

(Ord. 16-14. Passed 5-5-14.)

727.25 DISTRIBUTION OF ADVERTISEMENT ON PRIVATE PROPERTY; PERMIT FEE.

(a) No person shall place an advertisement, non-subscribed newspaper or sample merchandise in or upon private property without having obtained a permit from the Chief of Police to do so.

(b) No person, including persons who hold a permit as described in subsection (a) hereof, shall place an advertisement, non-subscribed newspaper or sample merchandise in or upon private property which has been properly registered on the do-not-solicit list.

(c) The Chief of Police shall grant such a permit to responsible persons or organizations. No fee shall be charged or collected with regard to the issuance of a permit under this chapter.

(d) As part of the permit application, the applicant shall provide an address and telephone number where the permit holder may be contacted by property owners or lessees where such advertisement(s) is delivered.

(e) Any person or organization which has obtained a permit is also granted permission to employ other individuals, businesses, or independent contractors, to distribute pertinent materials, without a need to obtain multiple permits. It shall be a condition of such permit that any items distributed contain the name, address, and telephone number of the responsible person to whom requests for discontinuance of distribution may be given, and distribution of such items without such information shall constitute a violation of this section.

(f) It shall be a further condition of the permit that the holder thereof shall collect and remove distributed items which have been discarded in bulk, promptly upon notification thereof.

(g) Upon receipt of repeated reports of noncompliance with requests to cease distribution under subsection (d) hereof, other than as proscribed herein or of failure to collect and remove under subsection (e) hereof, the Chief of Police may, after a suitable hearing, revoke the permit of such violator.

(h) Upon receipt of repeated reports of noncompliance with subsection (b) or (c) hereof, the Chief of Police may, after a suitable hearing, revoke the permit of such violator.

(i) This section shall not apply to any canvassing activity as defined in Section 727.01 of this chapter. (Ord. 16-14. Passed 5-5-14.)

727.27 APPEALS.

The Chief of Police shall give notice of a refusal to issue a license required by this chapter to the applicant. The applicant may appeal such refusal to Council by filing a written notice of appeal with the Clerk of Council within ten days after such refusal.

Council shall set a time and place for the appeal and notice of the hearing shall be given to the applicant by mail, to last known address, five days prior to hearing date. The appeal shall state briefly the ground for appeal. The applicant may appeal before Council in person or by attorney. The decision of Council shall be final.

(Ord. 16-14. Passed 5-5-14.)

727.99 PENALTY.

Whoever violates or fails to comply with any of the provision of this chapter is guilty of a minor misdemeanor and shall be fined not more than one hundred fifty dollars ($150.00). When the offender has been previously convicted for an offense in this chapter, within the last twelve (12) months, the penalty is a fourth degree misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.

(Ord. 16-14. Passed 5-5-14.)

729.01 DEFINITIONS.

Whenever the following words are used in this section, they shall have the following meanings, unless otherwise provided:

(a) "Public Property" means all property owned, controlled, or operated by an governmental entity, including but not limited to governmental offices or facilities, public streets, publicly owned parking lots, schools, libraries, post offices, transit facilities, and other public lands, parks, buildings, or grounds.

(b) "Automated-teller machine" means a bank or other financial institution's machine that is able to carry out financial transactions, including, but not limited to cash withdrawals, deposits, transfers, and other financial transactions or inquiries:

(d) "Panhandling" shall mean to request verbally, in writing, or by gesture or other actions, money, items of value, a donation, or other personal financial assistance. Further, panhandling shall include any request for a person to purchase an item for an amount that a reasonable person would consider to be in excess of its value.

(e) "Aggressive Manner" shall mean as follows:

(1) Before, during, or after attempting to engage in panhandling, any behavior that would cause a reasonable person to feel alarmed, intimidated, threatened, restrained, menaced, harassed, or coerced including but not limited to the use of any verbal threats, threatening gestures, abusive language, obscene gestures or obscene language, or screaming and other unreasonable noises.

(2) Before, during, or after attempting to engage in panhandling, blocking the passage of any person or vehicle that impedes the entrance into, or the exit out, of any vehicle, building, business, or establishment, or impedes the person's activities in the vehicle, building, business, or establishment;

(3) Any further attempt to solicit for panhandling after a person has given a negative response, verbally or physically, to a solicitation for panhandling that such solicitation should stop, or that it is unwelcome or offensive;

(4) Before, during, or after attempting to engage in panhandling, having any physical contact with the person that is being solicited by the person panhandling and/or touching or having physical contact with the clothing, purse, or other personal property of the person being solicited by the person panhandling without a statement or other communication that the person being solicited consents to the physical contact and/or touching of the person and/or the person's clothing, purse, or other personal property;

(5) Before, during, or after attempting to engage in panhandling, following behind, ahead, or alongside the person that is being solicited;

(6) Any further attempt to solicit for panhandling after the owner or occupant of private property requests that the person cease all solicitation for panhandling, or upon the request of the owner or occupant of the private property for the person panhandling to leave the property;

(7) Any type of panhandling which interferes or disrupts any activity or event occurring on public property, as defined in this Chapter;

(8) By coming within three (3) feet of the person solicited after that person has indicated that he or she does not wish to make a donation;

(9) By following a person who walks or drives away from the solicitor;

(10) By making unreasonable noise or offensively coarse utterance, gesture, or display or communicating unwarranted or grossly abusive language, either during the solicitation or following a refusal; or

(11) By panhandling in a group of two or more persons.

(f) "False or misleading representations" shall mean as follows:

(1) Making statements or representing, either verbally or in writing, that the person panhandling suffers from a medical condition, mental or physical disability, or deformity when the person does not suffer from a medical condition, mental or physical disability, or deformity;

(2) Making statements or representing, either verbally or in writing, that the person panhandling has a minor child or other family member they are supporting who suffers from a medical condition, mental or physical disability, or deformity, when in fact that child or other family member does not suffer from a medical condition, mental or physical disability, or deformity and/or the person panhandling does not support that minor child or other family member;

(3) Making statement or representing, either verbally or in writing, that the person panhandling is a military veteran or active duty military member, when the person is not a military veteran or active duty military member;

(4) Making statement or representing, either verbally or in writing, that the person panhandling needs a donation to meet a specific need, when the person panhandling does not have the specific need and/or that person already has sufficient funds to meet that need and does not disclose that the person already has sufficient funds;

(5) Making statement or representing, either verbally or in writing, that the person panhandling is unemployed when the person panhandling is not unemployed; or

(6) Making statement or representing, either verbally or in writing, that the person panhandling is homeless and/or is stranded when in fact the person is not homeless or stranded.
(Ord. 11-12. Passed 3-5-12.)

729.02 PANHANDLING RESTRICTIONS AND PROHIBITIONS.

No person shall solicit for panhandling in any of the following manners:

(a) In any type of aggressive manner as defined in this Chapter;

(b) On any private property in which there is any type of written notice prohibiting solicitation and/or panhandling;

(c) On any other private property, unless the person panhandling has obtained prior permission from the owner or occupant;

(d) From any operator or occupant of a motor vehicle or from any person entering or exiting a motor vehicle;

(e) Within twenty (20) feet of any pedestrians waiting in line for service or waiting in line for an event;

(f) Within twenty (20) feet of any pedestrians waiting in line to obtain access to a building;

(g) Within twenty (20) feet of any entrance or exit of the building for any check cashing business, bank, credit union, or savings and loan during the hours of operation of any of these businesses;

(h) Within twenty (20) feet of any automated-teller machine, as defined in this Chapter, during its hours of operation;

(i) At any bus stops or bus shelters;

(j) In any vehicle within the right-of-way as defined in this Chapter;

(k) In any public transportation vehicle or any public transportation facility;

(l) Within twenty (20) feet of the area of the sidewalk used by an outdoor restaurant or vendor;

(m) Within twenty (20) feet of the entrance or exit of any public facility;

(n) On public property within twenty (20) feet of an entrance to a building;

(o) On public property within twenty (20) feet of an entrance to a parking lot; or

(p) On a public street, by intentionally or recklessly blocking the safe or free passage of a person or vehicle.

(q) In any manner which involves the use of false or misleading representations as defined in this Chapter.
(Ord. 11-12. Passed 3-5-12.)

729.03 PANHANDLING BY MINORS.

No parent, guardian, or other custodian of a minor child shall allow or cause, or direct a minor to engage in panhandling. Further, no other adult shall cause a minor to panhandle.
(Ord. 11-12. Passed 3-5-12.)

729.04 EXCLUSION.

Panhandling shall not include solicitations made for money or a donation by a charitable or civic organization which does so with the prior permission of the owner or occupant of the premise.
(Ord. 11-12. Passed 3-5-12.)

729.99 PENALTY.

Whoever violates this Chapter is guilty of Panhandling, a misdemeanor of the fourth degree. Whoever violates this Chapter three times or more within one year is guilty of a third degree misdemeanor.
(Ord. 11-12. Passed 3-5-12.)

731.01 DEFINITIONS.

As used in this chapter, certain terms are defined as follows:

(a) “Taxicab” means a vehicle operated for compensation which is used in the occupation of carrying passengers for hire along other than a fixed route, with no fixed or definite schedule.

(b) A taxicab “owner’s license” means a license issued by the City to a taxicab company or corporation allowing that company or corporation to operate within the City.

(c) A taxicab “vehicle license” means a license issued by the City to each individual taxicab within a licensed taxicab company or corporation.

(d) A taxicab “driver’s license” means a license issued by the City to individual drivers employed by a taxicab company or corporation which is licensed in the City.

(Ord. 24-94. Passed 7-5-94.)

731.02 LICENSE REQUIRED.

(a) No person, company or corporation shall operate a taxicab company within the City without first obtaining a tab owners license to do so, as hereinafter provided, except for the right of ingress and egress with any taxicab for the purpose of conveying and discharging passengers whose passage originates outside the City, provided the operator of such taxicab is duly licensed by another municipality.

(b) No taxicab shall be operated without first having procured a taxicab vehicle license from the City.

(c) No taxicab shall be operated by a driver without first having procured a taxicab drivers license for such purpose from the City and a valid operators license issued by the State of Ohio.

(d) This section shall not apply to any person, company or corporation if the following apply:

(1) They are licensed to provide taxicab services by another municipal corporation located in the State of Ohio; and

(2) The Chief of Police files documentation with the City Manager stating he or she is unaware of any licensed person, company or corporation providing this service with the City of Fairborn.

(Ord. 39-07. Passed 10-1-07.)

731.03 APPLICATION FOR LICENSE.

(a) Every person desiring to drive a taxicab, or to manage or engage in the business of operating taxicabs shall submit an application for the appropriate license to the Chief of Police on a form provided for that purpose. The applicant shall answer all questions in the application. When an application for a taxicab owner’s license is made on behalf of a corporation or partnership, the names and addresses of all officers or partners shall be included. The trade name under which the business shall be operated shall also be stated.

(b) Upon receipt of the application, the Chief of Police shall cause to be made such investigation of the applicant as is necessary to determine whether the applicant meets the requirements set forth in this chapter.

(Ord. 24-94. Passed 7-5-94.)

731.04 REQUIREMENTS FOR TAXICAB OWNER’S LICENSE.

An applicant for the initial issuance or renewal of a taxicab owner’s license shall meet the following requirements:

(a) Be an American citizen, or a person who has been granted permanent residence by the U.S. Immigration and Naturalization Service, and be able to speak the English language;

(b) Be twenty-one or more years of age;

(c) Be able to provide the taxicab service required by Section 731.19 and obtain the liability insurance required by Section 731.05; and

(d) Possess a working knowledge of the traffic laws of the City and State of Ohio.
(Ord. 24-94. Passed 7-5-94.)

731.05 INSURANCE REQUIRED.

(a) Every applicant for a taxicab owner’s license shall, prior to operating any taxicabs, submit proof of liability insurance coverage with a company licensed to do business in the State of Ohio in such form as is satisfactory to the Chief of Police, but not less than one hundred thousand dollars ($100,000) for bodily injury and property damage, and naming the City as the certificate holder. Applicants who possess an Ohio Self Insured Certificate may present said certificate to the Chief of Police for his consideration. The policy or Self Insured Certificate shall remain in full force and effect during the entire licensing period.

(b) The policy shall further provide that the insolvency or bankruptcy of the insured shall not release the insurance company from payment required to be made by the policy otherwise, but shall remain in full force and effect, and available to any person damaged the same as though the licensee was not insolvent or bankrupt.

(c) The policy shall provide in addition to the aforesaid provisions, that no notice of any acts creating any liability thereunder shall be required from the City; that the policy shall not be cancelled before ten days written notice of intention so to cancel has been given the Chief of Police; and that the policy shall not be revocable, but shall remain in full force and effect until ten days have elapsed from the date of service of the written notice.

(d) The policy shall be renewed annually to the satisfaction of the Chief of Police.

(Ord. 24-94. Passed 7-5-94.)

731.06 TAXICAB VEHICLE LICENSE; COLOR SCHEME AND SANITARY CONDITIONS.

A vehicle submitted for the initial issuance or renewal of a taxicab vehicle license shall meet the following requirements:

(a) Be properly licensed with the State of Ohio.

(b) Prior to the use and operation of any vehicle as a taxicab under the provisions of this chapter, the vehicle shall be thoroughly examined and inspected by a licensed dealer and found to comply with all of the applicable provisions of the Ohio Revised Code and these Codified Ordinances regarding vehicle equipment and maintenance, so as to ensure safety.

(c) All taxicab owners and taxicab drivers shall maintain their equipment in good mechanical condition at all times and shall not operate such vehicle with any defect that would tend to affect the safe operation of such vehicle.

(d) The Chief of Police shall from time to time cause to be made an inspection of all taxicabs. If any taxicab shall be found to be unsafe or unfit for the transportation of passengers, or in an unclean or unsanitary condition, notice shall be given to the taxicab owner and/or driver therefor, and no person shall operate such taxicab in taxicab service until it has been put in safe and fit condition and reinspected and approved for use in such service.

(e) No taxicab covered by the provisions of Section 731.01 through 731.26 shall be licensed whose color scheme, or whose name, monogram or insignia to be used thereon is in conflict with, or, in the opinion of the Chief of Police, imitates a color scheme, monogram, name or insignia used by any other taxicab operator, or is such as to mislead or tend to deceive the public.

(f) The full name, monogram or insignia of the taxicab owner shall be conspicuously displayed on each side and rear of each taxicab, in letters at least three inches high or, in the case of a monogram or insignia not less than eight inches high.

(g) Prior to the issuance of a taxicab owner’s license, the owner shall present a color photograph of the color scheme, name, monogram, or insignia of the taxicab to be licensed to the Chief of Police.

(Ord. 39-07. Passed 10-1-07.)

731.07 TAXICAB DRIVER'S LICENSE.

An applicant for the initial issuance or renewal of a taxicab driver's license shall meet the following requirements:

(a) Be an American citizen, or a person who has been granted permanent residency by the U.S. Immigration and Naturalization Service, and be able to speak and read the English language;

(b) Be eighteen or more years of age;

(c) Be in sound physical condition, have good eyesight and not subject to any infirmity, defect or disorder of mind or body which might reasonably render him/her unfit for the safe carrying out of the duties of driving a taxicab, as determined by the Chief of Police from all reliable medical, psychological or health information supplied by the driver or other persons concerning the driver's physical or mental condition. The qualifications in this subsection shall be supported by an affidavit of the applicant.

(d) Possess a working knowledge of the traffic laws of the City and the State of Ohio; and

(e) Possess a valid operator's license issued by the State of Ohio.
(Ord. 24-94. Passed 7-5-94.)

731.08 LICENSE ISSUANCE; EXPIRATION AND RENEWAL.

(a) Upon approval of the application the Chief of Police shall issue a license to the applicant authorizing that person to drive a taxicab or to engage in the business of operating a taxicab company, as the case may be.

(b) Taxicab owners and vehicle licenses issued to a corporation or a partnership shall be issued in the name of the corporation or partnership and the name of the operator or manager of the company.

(c) A taxicab vehicle license issued by the City shall have the “Taxicab and Driver Inspection” form attached to and retained with it along with any other information regarded as necessary by the Chief of Police.

(d) All applications for renewal of licenses shall be filed with the Chief of Police within one month of date of expiration of each year, and renewal licenses shall be issued in the same manner and upon the same conditions as prescribed herein for initial licenses.

(e) All licenses shall expire one year after the date of issue, unless sooner revoked.

(Ord. 24-94. Passed 7-5-94.)

731.09 FEE SCHEDULE.

(a) The fee for a taxicab driver’s license shall be ten dollars ($10.00). This fee includes two identification pictures of the taxicab driver taken by the Police Department.

(b) The fee per taxicab for the taxicab owner shall be fifty dollars ($50.00).

(Ord. 46-04. Passed 11-1-04.)

731.10 DISPLAY OF VEHICLE AND DRIVER LICENSE.

(a) The taxicab vehicle license shall be placed so as to be visible to all passengers.

(b) Every taxicab driver shall place his/her duplicate taxicab driver’s license with photograph and taxicab driver’s license number so as to be visible to all passengers and with proper lighting.

(c) No taxicab owner or taxicab driver shall operate or use any taxicab as such unless the license is affixed in the manner above provided, or to operate or use any taxicab as such with any license other than the license assigned to that taxicab.

(Ord. 24-94. Passed 7-5-94.)

731.11 LICENSE DENIAL; APPEALS BOARD AND PROCEDURE.

(a) License Denial. A taxicab driver's license or a taxicab operator's license may not be issued to any person who:

(1) Has been convicted, pled guilty to or forfeited bond for any offense constituting a felony;

(2) Has been convicted, pled guilty to or forfeited bond for any offense involving the use, possession of or sale of controlled substance;

(3) Has been adjudged mentally incompetent and has not been legally restored to competency;

(4) Is awaiting court action for any criminal offense;

(5) Is subject to any infirmity, defect or disorder of mind or body which might reasonably render him/her unfit for the safe carrying out of the duties of a taxicab driver, or a taxicab operator as determined by the Chief of Police from all reliable medical, psychological or health information supplied by the applicant or other persons concerning the applicant's physical or mental condition;

(6) Has compiled an unsafe driving record, or a record of arrests that exhibits a disregard for the law;

(7) Within two years prior to filing the application for a license has been convicted of, pled guilty to or forfeited bond for four or more moving traffic offenses, whether charged under State law or ordinances of any jurisdiction;

(8) Within three years prior to filing the application for a license has been convicted of, pled guilty to or forfeited bond for two or more misdemeanors involving public disorder, violence, theft, public indecency or moral turpitude.

(b) Notification of Denial. If a license is denied or refused, the Chief of Police shall cause written notification of such denial or refusal to be given to the applicant by certified mail at the address stated in the application, and such written notification shall include the basis for such denial or refusal, and shall advise the applicant of the procedure for appeal.

(c) Board Created. A taxicab license Appeals Board is hereby created and shall consist of the Director of Finance, who shall be the Chairperson, the Chief of Police, and the City Solicitor, or their duly authorized representatives. A majority of the members of the Board shall constitute a quorum.

(d) Appeals Procedure.

(1) Any applicant who has been denied or refused a taxicab driver's license or a taxicab owner’s license may request and shall be granted a hearing on the matter before the Board by submitting a written request for a hearing to the Chief of Police within ten days after the service of the notice of denial or refusal. The written request for a hearing shall set forth the name, address and telephone number of the applicant, and a brief statement of the grounds for appeal. Upon receipt of a request for a hearing the Chief of Police shall deliver copies thereof to the Director of Finance and City Solicitor, and shall set a time and place for the hearing before the Board. The Chief of Police shall give the applicant written notice of the hearing by certified mail at least ten days prior to the date set for the hearing, which shall be commenced within a reasonable time after a request has been filed.

(2) At such hearing, the applicant shall be given an opportunity to be heard and to show cause why he/she believes the license should be issued. The Chief of Police, or designee shall also be given an opportunity to be heard and to state the reasons why he believes the license should not be issued. The failure of the applicant or his/her representative to appear and state their case at such hearing shall have the same effect as if no request for a hearing had been filed.

(3) After the hearing, the Board may, by a majority vote, sustain or deny the appeal, and the applicant shall be notified in writing of such decision and the reasons therefor.

(4) The proceedings at such hearing, including the decisions of the Board, and the reasons for the decision shall be summarized and reduced to writing and entered as a matter of public record in the office of the Chief of Police.

(e) Board Meetings and Enforcement. The Board shall meet from time to time, when it is deemed necessary by any member of the Board, to review the administration and enforcement of the provisions in Sections 731.01 through 731.26, and for any other purpose related to the provisions of this chapter.

(Ord. 24-94. Passed 7-5-94.)

731.12 LICENSE SUSPENSION/REVOCATION.

(a) The Chief of Police shall have the right and authority to suspend or revoke, after notice and hearing, any taxicab driver's license, taxicab owner’s license, or taxicab vehicle license issued under the provisions of Sections 731.01 to 731.26, inclusive, whenever just cause exists. Just cause includes, but is not limited to the following:

(1) The licensee has violated any of the provisions of Sections 731.01 to 731.26, inclusive;

(2) The licensee's physical or mental condition becomes such as to render him/her unfit for the safe carrying out of the duties of a taxicab driver or taxicab operator, as determined by the Chief of Police pursuant to the provisions of Section 731.07(c);

(3) The licensee transports any person who, with the knowledge of such licensee, was at the time of such transportation engaged in any illegal activity;

(4) The licensee has intentionally given false answers to any questions on his/her application for such license;

(5) The licensee permits a taxicab to be operated for hire by a person not licensed as a taxicab driver by the City;

(6) The licensee has compiled an unsafe driving record, or a record of arrests that exhibits a disregard of the law;

(7) The licensee fails to maintain all the general qualifications applicable to the initial issuance of a license;

(8) The licensee has been convicted of, pled guilty to or forfeited bond for any of the following offenses while operating a taxicab:

A. Driving while under the influence of alcohol or any drug of abuse, or the combined influence of alcohol and any drug of abuse;

B. Violation of the driver's identification law;

C. Vehicular homicide;

D. Fleeing and eluding a police officer;

E. Reckless operation;

F. Leaving the scene of an accident; or

G. Any offense constituting a felony.

(b) After revocation of a taxicab driver's license, taxicab owner’s license, or taxicab vehicle license hereunder, no application for the same type of license shall be accepted or considered for a period of twelve months from the date of revocation.

(c) A taxicab driver's license shall be deemed to be suspended or revoked upon the suspension, revocation or expiration of the licensee's Ohio operator's license, during the term of such suspension, revocation or expiration.

(d) In the event of a violation of any of the provisions in Sections 731.01 to 731.26, inclusive, which results in any emergency situation in which continued operation by the taxicab driver or taxicab owner endangers the health, welfare or safety of the public, the Chief of Police may suspend any taxicab driver’s license, any taxicab owner’s license or any taxicab vehicle license hereunder; any such suspension may be made effective immediately and shall remain in force until a hearing is held.

(e) In addition to, and not as a substitution for the provisions in Section 731.11 regarding written notification, procedure for appeal and a hearing before the taxicab license Appeals Board, when a taxicab driver’s license, a taxicab owner’s license or a taxicab vehicle license has been suspended, and the suspension becomes effective immediately because of an emergency situation, the taxicab driver and/or taxicab owner may request, and shall be granted a hearing before the Chief of Police or designee, which shall be held within forty-eight hours after the suspension at which time the taxicab driver and/or taxicab owner shall be given the opportunity to show cause why the emergency suspension should be terminated and the license returned to the taxicab driver and/or taxicab owner.

(f) Except for the emergency suspension of a license under subsection (d) hereof, the provisions in Section 731.11 regarding written notification procedure for appeal, a hearing before the Board, and a decision rendered by the Board, shall apply to any action taken by the Chief of Police under this section.

(Ord. 24-94. Passed 7-5-94.)

731.13 LICENSE TRANSFER.

(a) A taxicab owner’s license may be transferred upon application filed with the Chief of Police by the person, firm or corporation to whom it is proposed to be transferred, provided, however, that such person, firm or corporation shall meet and comply with all the requirements as set forth in Sections 731.01 to 731.26.

(b) The application shall be accompanied by a written statement from the person, firm or corporation holding such license indicating their agreement to such transfer.

(c) The taxicab vehicle license may be transferred upon written request to the Chief of Police by the taxicab company holding the license.

(d) The request shall contain the taxicab number on the license proposed to be transferred and the serial number of the taxicab from which and to which the transfer is to be made. The written consent of the Chief of Police to the transfer shall be endorsed upon the license of the taxicab owner and upon the records of the City Building.

(Ord. 24-94. Passed 7-5-94.)

731.14 RATES OF FARE.

(a) No taxicab owner or driver shall charge any fare for taxicab service in excess of the following:

(1) For the first one-tenth mile - two dollars ($2.00) and for each subsequent one-tenth mile - twenty cents ($.20).

(2) For the first mile - three dollars ($3.00).

(3) Any contractual agreement between the cab company and any group, organization, association, etc.

(4) For each package (luggage optional) - ten cents ($.10) each when handled by driver.

(5) For each minute of waiting time - twenty-five cents ($.25).

(b) Each taxicab operator shall adjust the taximeter on each of his/her taxicabs in such a manner that it shall indicate the fare due on each trip to be not in excess of the fare provided for the distance in the schedule of maximum rates herein prescribed.

(Ord. 46-04. Passed 11-1-04.)

731.15 DISPLAY OF RATE SCHEDULE.

It shall be the duty of each taxicab owner and taxicab driver to see that the schedule of rates is placed so as to be visible to all passengers and with proper lighting.

(Ord. 24-94. Passed 7-5-94.)

731.16 TAXIMETERS REQUIRED.

(a) No person shall operate or permit to be operated in the City any taxicab on a distance tariff or transport passengers in or offer for hire, unless such vehicle is equipped with a single rate taximeter that has been approved for mechanical accuracy by the Police Department.

(b) No person shall own, operate or drive a taxicab unless such a taximeter is used in determining the fare to be charged, and no other or different fare shall be charged than what is recorded on the reading face of such taximeter for the trip, except that the hourly rate may be used by previous arrangement with the passengers after the meter has registered an amount equal to that of the first hour, conforming to the rates as herein provided for. No other methods of figuring rates or measuring distances shall be allowed.

(c) No person shall operate or drive any taxicab equipped with a taximeter, in public service, with the case of the taximeter not sealed and the cover and gear thereof not intact.

(d) No person shall operate or drive a taxicab after sundown without having the face of the taximeter thereon illuminated as hereinafter provided, or drive a taxicab without having the taximeter set and regulated to conform with the rates of fare in Section 731.14.

(e) All taximeters and the power take-off gear box shall be sealed and shall at all times bear this seal when operating. Every such meter and gear box shall be inspected by the Police Department at least twice each year and at other periodic intervals.

(f) It shall be the responsibility of both the taxicab owner and taxicab driver to ascertain that the meter and gear box are sealed before driving any taxicab within the City.

(g) Every taximeter shall be equipped with a suitable light so arranged as to project a steady light on the face thereof.

(Ord. 24-94. Passed 7-5-94.)

731.17 FARE RECEIPTS.

No taxicab driver shall, upon request by the passenger, fail to render to such passenger a receipt for the amount charged.

(Ord. 24-94. Passed 7-5-94.)

731.18 REGULATIONS AND PROHIBITIONS FOR DRIVERS.

No taxicab driver or taxicab owner shall:

(a) Have on his/her person or about their cab any intoxicating liquors or concealed weapons;

(b) Convey for another any intoxicating liquors;

(d) Deceive or attempt to deceive any passenger, prospective passenger, or other person by any misrepresentation as to the number, ownership or other information regarding his/her taxicab;

(e) Coerce or attempt to coerce any person for the purpose of securing or attempting to secure the person as a passenger in such taxicab;

(f) Use any profane, boisterous or improper language;

(g) Be the cause of or engage in any quarreling, fighting or other unlawful acts;

(h) Loiter about a taxicab stand, except upon the driver's seat of his/her taxicab;

(i) Solicit passengers while at a taxicab stand, except while seated upon the driver's seat of his/her taxicab;

(j) Solicit passengers who have requested service from another taxicab operator;

(k) Accept passengers who have requested service from another taxicab company;

(l) Take any route other than the most direct route to a passenger's destination unless otherwise authorized or directed by the passenger; or

(m) Use any smoking products when a passenger is in the taxicab.

(Ord. 46-04. Passed 11-1-04.)

731.19 TAXICAB SERVICE TO BE CONTINUOUS.

All taxicab owners shall:

(a) Provide taxicab service on a twenty-four hours a day, seven days a week basis.

(b) Maintain a business office which shall be kept open at all times to receive calls and dispatch taxicabs.

(c) Respond to all requests for service as soon as possible, and in the event that service cannot be furnished within a reasonable time, the operator shall inform the prospective passenger of the reason for the delay and how long it will be before the service can be furnished.

(d) Accept requests for service anywhere within the City when taxicabs are available for such service. Failure or refusal, except for conditions beyond the control of the owner, to furnish continuous service, shall be deemed a violation of this section, and the taxicab owner’s license may be suspended or revoked pursuant to the provisions of Section 731.12.

(Ord. 24-94. Passed 7-5-94.)

731.20 DAILY CALL SHEET OR TRIP RECORD REQUIRED.

Every taxicab driver shall keep an accurate daily call sheet or trip record containing a complete record of the operation of each cab driven by him/her each day and the fare charged, and turn this call sheet or trip record over to the taxicab operator at the end of his/her tour of duty.
(Ord. 24-94. Passed 7-5-94.)

731.21 PASSENGER OCCUPYING FRONT SEAT.

No driver of a taxicab shall permit, when less than three fare paying passengers are in a cab, a passenger to ride on the front seat, unless the passenger is a handicapped person necessitating same. Otherwise it shall be unlawful for the taxicab driver to permit any passenger or other person to ride on the front seat unless a new driver is being trained, or is an automobile mechanic or taxicab inspecting personnel.

(Ord. 24-94. Passed 7-5-94.)

731.22 ADDITIONAL PASSENGERS.

(a) No taxicab driver having a passenger in his/her cab shall accept another passenger without the consent of the first passenger.

(b) When two or more passengers are transported to the same or different destinations, the taximeter shall be reset at the end of each trip and the mode of payment shall be based on an agreement between said passengers.

(Ord. 24-94. Passed 7-5-94.)

731.23 DELAY OF PASSENGERS PROHIBITED.

No taxicab driver or taxicab owner shall cause his/her taxicab to remain parked and delay the transporting of the passenger or passengers occupying the taxicab to their destination for a period in excess of two minutes after the passenger or passengers have entered the taxicab.

(Ord. 24-94. Passed 7-5-94.)

731.24 REFUSAL OF PASSENGERS TO PAY LEGAL FARE.

No person shall refuse to pay the legal fare of any taxicab after having hired it. No person shall hire any taxicab with the intent to defraud the person from whom it is hired of the value of the service.

(Ord. 24-94. Passed 7-5-94.)

731.25 TAXICAB PARKING.

(a) There shall be no parking restrictions or exclusively reserved taxicab stands for taxicabs except as designated by the Chief of Police.

(b) Taxicab drivers shall comply with parking restrictions generally, parking restricted on specific streets, snow emergency and fire lanes as provided for in Chapter 341, 343, 347 and 349 of the Codified Ordinances.

(c) Taxicab owners shall have the right to request or appeal taxicab stand designations by submitting same in writing to the Chief of Police.

(Ord. 24-94. Passed 7-5-94.)

731.26 RIGHT TO REFUSE TO TRANSPORT.

Taxicab owners shall have the right to refuse to provide transportation to any would-be passenger who is believed or known to have undesirable traits such as refusing to pay, obvious distasteful odor, etc., or who places the taxicab driver in fear for his/her safety.

(Ord. 24-94. Passed 7-5-94.)

731.99 PENALTY.

Whoever violates any provision of this chapter shall be deemed guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Each day's continued violation shall constitute a separate offense.

(Ord. 24-94. Passed 7-5-94.)

735.01 DEFINITIONS.

As used in this chapter:

(a) "House trailer" means any self-propelled and nonself-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, whether resting on wheels, jacks or other foundation, and used or so constructed as to permit its being used as a conveyance upon the public streets or highways.

(b) "House trailer park" means any site, lot, field or tract of land upon which three or more house trailers used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.

(ORC 4501.01, 3733.01; Ord. 37-55. Passed 8-15-55.)

735.02 REQUIREMENTS OF HOUSE TRAILER PARKS.

No house trailer park shall be operated or maintained in the City unless in an area in which such parks are permitted, and unless operated so as to meet and comply with all the laws, rules and regulations of the State of Ohio, the Public Health Council, the District Board of Health, and unless operating under a license issued by the State of Ohio pursuant to Ohio Revised Code Section 3733.01 et seq.
(Ord. 36-55. Passed 8-15-55.)

735.99 PENALTY.

Whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor and fined not more than one hundred dollars ($100.00) or imprisoned not more than ninety days, or both.
(Ord. 37-55. Passed 8-15-55.)

741.01 DEFINITION.

“Alarm system” means any mechanism, equipment or device which is designed to

operate automatically through the use of public telephone facilities to transmit a signal, message or warning to the Police Department or any audible alarm.

(Ord. 40-05. Passed 10-3-05.)

741.02 RESERVED.

EDITOR’S NOTE: This section is reserved for future legislation.

741.03 ALARM PROVIDERS LICENSE AND PERMIT REQUIRED

(a) Alarm providers shall be required to obtain a vendor’s license with the

City of Fairborn. Each alarm company shall submit, in writing, an application for such license to the City of Fairborn on forms obtainable from the City Police Department or Building Inspection. The alarm provider shall pay to the City of Fairborn, upon application, a non- refundable fee of two hundred dollars ($200.00). Upon approval a renewable license shall be issued to the vendor. This license would be renewable every two year along with a fee of fifty dollars ($50.00).

(b) No person shall operate or maintain an alarm system without first obtaining a revocable permit.

(Ord. 40-05. Passed 10-3-05.)

741.04 APPLICATION FOR PERMIT.

(a) Any individual, business, firm, corporation or other commercial entity that

installs and operates an alarm system shall submit, in writing, an application for such permit to the Chief of Police or his Designee on forms supplied by the City. Such application shall contain the following:

(1) Names and addresses of user(s) and the residence or business in which the alarm system has been or will be installed, and the telephone number;

(2) Type of alarm system, the company name, address and telephone of the alarm business installing, monitoring, inspecting, responding to or maintaining the alarm system;

(3) Testing procedure;

(4) The skill and competency of the permittee to be a permit holder;

(5) The quality, efficiency and effectiveness of the emergency alarm devices installed and operated by the permittee;

(6) Names, addresses, telephone numbers of three persons who can respond in a timely manner twenty-four hours a day, seven days a week, to turn off or deactivate the alarm system when the alarm user cannot be contacted.

(b) This permit shall be signed by the permittee and alarm company representative. It shall be the alarm installer’s responsibility to train and instruct the user to the proper operation of such alarm unit and provide any other information to effectuate the purpose of this chapter. It shall be the permittee’s responsibility to keep this information updated and accurate by notifying the Police Department in writing within ten days after a change occurs in such information. A copy of the signed permit and policy shall be provided to permittee.

(c) Each alarm user shall pay to the City of Fairborn, upon application for permit a one-time alarm user fee of twenty-five dollars ($25.00).

(Ord. 40-05. Passed 10-3-05.)

741.05 GRANTING OF ALARM PERMITS.

The Police Department is hereby authorized to grant a revocable permit to any

individual, business, firm, corporation or other commercial entity, authorizing such individual, business, firm, corporation or other commercial entity to install and operate an alarm system. However, the Chief of Police shall have final approval of all alarm system permits. Each separate location shall have its own permit.

(Ord. 40-05. Passed 10-3-05.)

741.06 SUSPENSION OR REVOCATION OF PERMIT.

(a) If any alarm system produces three false alarms in any twelve consecutive month period, written notice of that fact shall be given by regular mail or delivery to the alarm holder and the alarm provider. If more than three false alarms are produced by any alarm system in a twelve consecutive month period, an administrative fee of fifty dollars ($50.00) shall be assessed against the alarm user for the fourth false alarm, and an administrative fee of one hundred dollars ($100.00) shall be assessed for each successive false alarm thereafter. Charges shall continue for each false alarm until six consecutive months have elapsed during which time no false alarms are received by the Fairborn Police Department.

(b) The permit issued to an alarm user may be revoked with the result that the alarm user may be required to disconnect the alarm system in such fashion that signals are not emitted so as to notify the Police Department either directly or indirectly.

(c) An alarm system may be reconnected only if satisfactory evidence is provided to the Chief of Police that the alarm system has been repaired so that it does not emit further false alarms and upon payment of all delinquent charges assessed for false alarms and alarm user has taken appropriate measures to insure against negligent or accidental activation of the alarm system.

(d) In addition to the administrative fees, an alarm user who has more than six false alarms in any twelve consecutive month period and who is deemed by the Chief of Police not to have made reasonable efforts toward correction of the false alarm situation shall be issued an order to disconnect the alarm system so that signals are not emitted to notify the Police Department either directly or indirectly.

(Ord. 40-05. Passed 10-3-05.)

741.07 PRIOR NOTICE.

The permit holder or the alarm company representative shall contact the Chief of Police or Designee two days prior to actual activation of the alarm so the appropriate records and equipment charges may be accomplished prior to service activation. Notification shall be made two days prior to any maintenance or repair work planned for the alarm system if this work could generate a false alarm.

(Ord. 40-05. Passed 10-3-05.)

741.08 RULES AND REGULATIONS.

The Police Department may promulgate reasonable rules and regulations that may

be necessary for the purpose of assuring the quality, efficiency and effectiveness of alarm systems.

(Ord. 40-05. Passed 10-3-05.)

741.09 RIGHT TO MAKE ALARM SYSTEM INOPERABLE

The permit holder shall authorize the Police Department to make the alarm system inoperable within a reasonable time after it has been activated where neither the permittee nor an alarm company is available to turn the alarm off.

(Ord. 40-05. Passed 10-3-05.)

741.10 INSPECTIONS

All alarm systems authorized under this policy shall be available for inspection during normal business hours by City personnel.

(Ord. 40-05. Passed 10-3-05.)

741.11 TESTING

Routing testing not more frequent than once in a thirty-day period and as required for proper system maintenance shall be permitted provided immediately prior thereto the Police Dispatcher is notified by telephone of the test to assure it shall not interfere with normal police function.

(Ord. 40-05. Passed 10-3-05.)

741.12 SIGNALS ORIGINATING OUTSIDE CORPORATION LIMITS.

The provisions of this chapter shall apply to all alarm devices whose signal originates outside the corporate limits of the City, provided such signal terminates within the City Police Dispatch Center.

(Ord. 40-05. Passed 10-3-05.)

743.01 PURPOSE.

It is the intent of the Council in enacting this chapter to improve the quality of life and economic vitality of the City of Fairborn; enforce income tax regulations, prevent safety and fire hazards; disturbances, disruption of traffic, disorderly assemblies, and gambling within the City; to establish standards for licensing, regulation and control of Computerized Internet Sweepstakes Terminal Cafés and premises upon which they are located and operated.
(Ord. 03-12. Passed 2-20-12.)

743.02 DEFINITIONS.

As used in this Chapter:

(a) "Computerized Internet Sweepstakes Device" means any computer, machine, or apparatus which, is capable of connection to the Internet, regardless of whether such connection is utilized, through a wireless router telephone line, digital subscriber line, satellite, cellular telephone, cable connection or any other method, which is engaged or accessed upon the insertion of a coin, token, or similar object, or the sliding of a magnetic card or entry of a code, or similar process, or upon payment of anything of value, either directly or indirectly, and which may be operated by the public generally for use as entertainment, amusement or a contest of skill, whether or not generally for use as a contest of skill, entertainment of amusement, whether or not registering a score and which when so utilized produces, announces, reveals or discloses the eligibility, award or payment of a cash prize redeemable on or at the Computerized Sweepstakes Terminal Café, whether or not said prize was in fact announced, revealed or disclosed through the usage of the Computerized Sweepstakes Device. Computerized Sweepstakes Device does not include machines designated for use by the State Lottery Commission.

(b) "Computerized Internet Sweepstakes Terminal Café" means any premises upon which there are situated two (2) or more Computerized Sweepstake Devices that are available for the use or entertainment of the public within such premises, whether or not such premises has any other business purpose.

(d) "City Manager" means the City Manager of the City of Fairborn or his/her designee.

(e) "Operator" means the person or persons having authority to control the premises of a Computerized Sweepstakes Terminal Café.

(f) "Licensee" means the person or persons who sign an application for a license hereunder and to whom such license is issued.

(g) "Owner" means any person who possesses any interest, either directly or indirectly, in a Computerized Sweepstakes Terminal Café.

(h) "Applicant" means the person or persons who sign an application for a license hereunder.

(i) "Person" means any natural person, firm, partnership, association, corporation or any other form of business organization.

(j) "Premises" means the building or any portion thereof used for conducting the operation of a Computerized Sweepstakes Terminal Café.

(k) "Chief Building Inspector'' means the Chief Building Inspector of the City of Fairborn or their designee.

(Ord. 03-12. Passed 2-20-12.)

743.03 COMPUTERIZED INTERNET SWEEPSTAKES TERMINAL CAFÉ LICENSE REQUIRED.

No person shall conduct or operate a Computerized Sweepstakes Terminal Café in the City without having first obtained a Sweepstakes Terminal Café license as provided in this Chapter.
(Ord. 03-12. Passed 2-20-12.)

743.04 COMPUTERIZED INTERNET SWEEPSTAKES DEVICE LICENSE REQUIRED.

One Computerized Internet Sweepstakes Device license shall be required for each individual Computerized Sweepstake Device and shall specify the name and address of the licensee and the manufacturer, model number and serial number of the Computer Internet Sweepstakes Device for which it was issued.
(Ord. 03-12. Passed 2-20-12.)

743.05 AUTHORITY OF CHIEF OF POLICE.

Authority is hereby established and vested in the Chief of Police to consider any application for a Computerized Internet Sweepstakes Terminal Café license under this Chapter as submitted by the Chief Building Inspector, to conduct investigations therefore and thereon and issue or deny issuance of any such license based upon the criteria set forth in this Chapter.
(Ord. 03-12. Passed 2-20-12.)

743.06 NATURE OF LICENSES.

(a) Each Computerized Internet Sweepstakes Terminal Café license shall be required to be displayed permanently in a conspicuous place upon the premises for which it is issued. Each Computerized Internet Sweepstakes Terminal Café license shall be issued for only one (1) business at only one (1) premise.

(b) A Computerized Internet Sweepstakes Device license shall become invalid if the Computerized Sweepstakes Device is replaced or moved to another location not specifically stated on the license.

(c) Any license issued under this Chapter shall be valid for a period of one year from and after the date of issuance unless suspended or revoked as provided in this Chapter. Each license shall vest a personal privilege but not any property rights in the license. No license shall be assignable or transferable, either as to person or location.
(Ord. 03-12. Passed 2-20-12.)

743.07 PROCEDURE FOR OBTAINING LICENSES.

(a) Applications for Computerized Internet Sweepstakes Terminal Café Licenses. All applications for Computerized Internet Sweepstakes Terminal Café licenses under this Chapter shall be in writing on a form approved by and filed with the Chief Building Inspector. The application shall be sworn to under oath and shall contain information required by this section supplied in detail as to each such person, including general and limited partners of partnerships, shareholders of corporations and principals or members of any other type of business entity or organization. All applications shall contain a statement that the information contained therein is complete, accurate and truthful. Every owner and operator of the Computerized Sweepstakes Terminal Café, shall at their sole cost and expense, be fingerprinted by the City of Fairborn or an approved agency.

(b) Contents of Applications. The application for a Computerized Internet Sweepstakes Terminal Café License shall contain the following information as to all Owners:

(1) True name and all names used by owner(s) in the past five (5) years;

(2) Date of birth;

(3) Permanent home address and all home addresses used in the past five (5) years;

(4) Business and home telephone numbers;

(5) Employment history for the past five (5) years;

(6) A statement as to whether or not the owner has been convicted of any felony or for any misdemeanor involving the operation of a business or involving gambling activity, minors or any crime involving moral turpitude and, if so, the date and place of conviction, the nature of the offense and the penalty imposed;

(7) A statement as to whether or not the owner has ever conducted a Computerized Sweepstakes Terminal Café or similar business and, if so, when, where and for how long.

(8) A description of the nature and operation of the main type of business activity to be conducted upon the premises;

(9) The address and telephone number of the premises and of the business, if different from that of the premises;

(10) The name under which the business and premises will be operated;

(11) A statement as to whether or not the owner will directly operate the Computerized Internet Sweepstakes Terminal Café, or whether or not an operator who is not an owner will operate it, and if the latter, the application shall contain information required by this section supplied in detail as to each such operator;

(12) A floor plan of the premises and the immediate vicinity drawn to scale, showing the square footage and placement of the computerized sweepstakes devices, exits, windows, storage spaces, and off-street parking;

(13) The name, and address and telephone number of the agent of the business upon whom service of process can effectively and validly be made; and

(14) Specification of the days of the week and the hours of the day during which the licensed activity will be conducted.

(c) Reports of City Officials. Upon receipt of an application for a Computerized Internet Sweepstakes Terminal Café license under this Chapter, the Chief Building Inspector shall submit to the Chief of Police the following reports, which shall be rendered to him within thirty (30) days of the date of filing of the application:

(1) A written report from the Fire Chief as to whether the premises and Computerized Internet Sweepstakes Devices thereon will create a fire hazard;

(2) A written report from the Police Department specifying, with regard to all owners and operators, any convictions for any felony or for any misdemeanor involving the operation of a business or involving gambling activity, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;

(3) A written report from the Chief Building Inspector as to whether all applicable building laws have been satisfied.

(4) A written report from the Chief Building Inspector as to whether all applicable zoning laws have been satisfied.

(d) Applications for Computerized Internet Sweepstakes Device Licenses. All applications for Computerized Sweepstakes Device licenses under this Chapter shall be in writing on a form approved by and filed with the Chief Building Inspector who shall maintain such application file. The application shall be signed by the owner or owners and shall contain information required by this section supplied in detail. All applications shall contain a statement that the information contained therein is complete, accurate and truthful. The application shall contain the following information:

(1) A list of all Computerized Internet Sweepstakes Device to be used at the Computerized Internet Sweepstakes Café, specifying the manufacturer, model number and serial number of the Computer Internet Sweepstakes Device for which it was issued.

(2) Supporting documentation from a Certified Independent Regulatory Compliance Test Laboratory that the software that will be used by the Computerized Internet Sweepstakes Device performs in similar fashion as other permitted sweepstakes commercially offered to the public and that the entries are drawn from a pre-created finite static pool of entries with assigned values. To be certified the Independent Regulatory Compliance Testing Laboratory must be authorized to test regulated gaming equipment by at least one state government gaming regulatory agency.

(e) Determination Process.

(1) All applications for licenses under this Chapter shall be considered by the Chief of Police, who shall, within fourteen (14) days after receiving the written reports, either issue such licenses or deny issuance of such licenses via the Chief Building Inspector. Unless a longer time is agreed upon by the Applicant and Chief Building Inspector, all decisions shall be issued within forty (40) days of submittal of an Application.

(2) In the event of the denial of issuance of such a license, the Applicant shall be notified of such denial and the specific reasons therefore in writing. Such notice shall be mailed or delivered to the Applicant at the address specified in the application by certified U.S. mail, return receipt requested. The Applicant shall have ten days after receipt of such notice within which to appeal such denial, by filing a written notice of appeal with the City Manager. Thereupon, the City Manager shall set a date and time for a hearing upon the appeal which date shall be no later than thirty (30) days from the date of receipt by the City Manager of the written notice of appeal. Notice of hearing shall be sent to the Applicant not later than ten (10) days prior to the date of hearing, by certified U.S. mail, return receipt requested. The appeal shall be heard by the City Manager, who shall have the power after such hearing to confirm the denial, order the license to be issued or, at its discretion, to issue a conditional or probationary license. The Applicant may present evidence, provide witnesses and testimony, cross exam witnesses and may be represented by legal counsel.

(f) License Renewal. Each Computerized Internet Sweepstakes Terminal Café license and each Computerized Internet Sweepstake Device license must be renewed annually. At the time of renewal, a statement shall be filed with the Chief Building Inspector that the information listed on the original application for the license is still complete, accurate and truthful to the best knowledge of all applicants. Such statement shall be signed by the same persons who signed the original application. In the event of a change since the original application, a statement shall be filed with the Chief Building Inspector listing each and every item of information which has changed since the original application The Chief Building Inspector may determine to accept such statement and issue the renewal license requested, or, in the event of a material change, may require updated information in which case the provisions associated with obtaining an original license shall be followed.

(g) Expiration. Any Computerized Internet Sweepstakes Terminal Café license issued under this Chapter shall expire upon the transfer or sale of a majority interest in the business, sale of substantially all the Assets of the business, or the discontinuation of the business for a continuous period of thirty (30) days.

(h) Changes. Applicants for any Computerized Internet Sweepstakes Terminal Café license issued under this Chapter 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 Operators. This requirement applies even after a license has been issued. The failure to comply with said continuing duty within twenty (20) days from the date of such change, by supplementing the application on file with the City, shall be grounds for suspension of a license.
(Ord. 03-12. Passed 2-20-12.)

743.08 DENIAL OF LICENSE.

(a) A Computerized Internet Sweepstakes Terminal Café license shall not be issued or renewed for any business:

(1) Where any of the owners or the operators have been convicted within the last five (5) years of any felony or for any misdemeanor involving the operation of a business or involving gambling activity, minors or any crime involving moral turpitude;

(2) Where the premises do not provide a minimum of 1.5 off-street parking space for every one (1) computerized internet sweepstake devices;

(3) Where it is determined that the premises or operation therein would be in violation of any provision of the Building Code, the Planning and Zoning Code or the Fire Prevention Code of the City or any other pertinent provisions of local, state or federal law;

(4) Where the applicant made a false statement as to a material matter upon the application or in a hearing concerning the license;

(5) Where the application failed to provide all of the required information; or

(6) Where there is not compliance with all terms and conditions under this Chapter and all other applicable ordinances and statutes.

(b) A Computerized Internet Sweepstakes Device license shall not be issued or renewed:

(1) Where the applicant made a false statement as to a material matter upon the application or in a hearing concerning the license;

(2) Where the application failed to provide all of the required information; or

(3) Where there is not compliance with all terms and conditions under this Chapter and all other applicable ordinances and statutes.
(Ord. 03-12. Passed 2-20-12.)

743.09 CONDITIONS AND REGULATIONS.

(a) In addition to any other condition or regulation contained in this Chapter or in state statutes, the following conditions and regulations shall be applicable to and shall govern and control all licenses of Computerized Internet Sweepstakes Terminal Cafés:

(1) Each licensee shall at all times open each and every portion of the premises for inspection by the Police Department and other City personnel as necessary for the purposes of assuring compliance with, and/or enforcement of, any provisions of this Chapter.

(2) Each licensee shall have present on the premises at all times when the premises are open to the public at least one adult operator who has not been convicted of any felony or of any misdemeanor involving the operation of a business or involving gambling activities, minors or any crime involving moral turpitude.

(3) No licensee shall allow living quarters to exist with direct entry to the premises.

(4) No person under the age of twenty one (21) years shall be permitted to operate a Sweepstakes Terminal Café.

(5) Any and all sweepstakes rules and odds of winning shall be posted in a conspicuous place at the premises and displayed on the Computerized Internet Sweepstakes Device at the start of each game and/or activity. If results of a sweepstakes can be ascertained immediately upon receipt of the sweepstakes card, token code, or the like, such fact shall conspicuously placed at the premises and displayed on the Computerized Internet Sweepstakes Device.

(6) A list of each separate prize that may be given out and each separate dollar amount that may be given and the odds of winning any offered prize or dollar amount awarded for the participation in any game, activity, program, scheme, sweepstake or play, shall be conspicuously placed at the premises and displayed on the computerized sweepstakes device.

(7) Each licensee shall operate the Computerized Internet Sweepstakes Terminal Café business in compliance with any and all pertinent Federal, State and local laws rules and regulations.

(8) No person under the age of twenty one (21) years shall be permitted within the Computerized Sweepstakes Terminal Café.

(b) All Computerized Internet Sweepstakes devices upon the premises of a Computerized Internet Sweepstakes Terminal Café shall be located thereon in conformity with the floor plan filed with the application for the license and in such a manner:

(1) So as not to impair ingress or egress to the premises;

(2) So as not to interfere with free and unfettered passage through the premise;

(3) So as to permit a clear and complete view of the interior of the premises immediately upon entry;

(c) The operator shall require a photo identification of every person to whom anything of value is given in connection with the sweepstakes/internet café and shall record the person's name, date of birth, and home address and a description of the thing given, a stated dollar value of the thing given, the date and time of the giving and, if a Computerized Internet Sweepstakes Device is involved in the circumstances of the giving, the serial number or other identifying description of the device. If the dollar value given for any single event is six hundred dollars ($600.00) or more, the operator shall also include in the record a copy of the person's social security number. By the second Tuesday of each month the operator shall cause to be delivered to the City of Fairborn Tax Department, a copy of the record containing the information set forth above for the preceding month. The operator and the City shall not disclose the social security number of any person to anyone except as required by the laws of the State of Ohio and the United States.

(d) Computerized Internet Sweepstakes Terminal Cafés shall be located only within a Highway Service District, as regulated by Chapter 1141 of the Planning and Zoning Code. No Computerized Sweepstakes Terminal Cafés shall be located upon a parcel that abuts residentially zoned property. No Computerized Sweepstakes Terminal Cafés shall be located closer than one thousand five hundred(l,500) feet from another Computerized Sweepstakes Terminal Café.
(Ord. 03-12. Passed 2-20-12.)

743.10 PROHIBITED CONDUCT.

No Licensee of a Computerized Internet Sweepstakes Terminal Café by himself, directly or indirectly, or by any representative, agent or employee shall permit or fail to take active steps to eliminate the activities specified in this section from occurring upon the premises. All such Licensees shall have a duty to diligently pursue enforcement of this section. The actions of the Operator and the failure to take action by the Operator shall be imputed to the Licensees. No such Licensee shall:

(a) Permit the premises to become a gathering place for disorderly persons of any type;

(b) Permit gambling in any form or the possession of gambling paraphernalia upon the premises;

(c) Permit intoxication or permit the possession, sale, use or consumption of alcoholic beverages upon the Premises unless properly licensed through the State of Ohio;

(d) Permit the possession, use or consumption of any unlawful drug, narcotic or controlled substance upon the premises;

(e) Permit the premises or the activity conducted thereon to become a public nuisance to the surrounding environs;

(f) Permit the driveways or streets to become obstructed in any manner so that traffic is hindered;

(g) Permit any Computerized Internet Sweepstakes Device thereon to be operated at any time the premises are not open for business, or permit the entrance to be locked at any time that the premises are open for business;

(h) Permit any computerized sweepstakes device to be offered to be used for gambling of any sort.

(i) Permit the premises to be open for business without displaying the licenses therefore in a conspicuous place thereon;

(j) Permit any violation of any ordinance of the City or statute of the State of Ohio to take place upon the premises.
(Ord. 03-12. Passed 2-20-12.)

743.11 REVOCATION.

(a) Revocation. All Computerized Internet Sweepstakes Terminal Café licenses issued under this Chapter shall be revoked by the Chief of Police upon his finding of the occurrence of any of the following events;

(1) A false statement by any licensee as to a material matter made in an application for license or in a hearing concerning the license;

(2) Conviction of any licensee or operator of any felony or of any misdemeanor involving gambling activities, controlled substances, alcoholic beverages, minors or any crime involving moral turpitude;

(3) Conviction twice within a one-year period of any licensee or operator for a violation of this Chapter.

(4) Where it is determined that the premises or operation thereof are in violation of any provision of the Building Code, the Zoning Code or the Fire Code of the City or any other pertinent provisions of local, state or federal law.

(b) Hearing. A license shall not be revoked without a hearing before the City Manager. The licensee shall be given at least ten (10) days prior written notice of intent to revoke, which shall set forth the time and place of the hearing and the specific reasons for such suspension or revocation. The licensee shall have the right at the hearing to present testimony and other relevant evidence and to orally examine any person offering evidence as to the reasons for revocation.
(Ord. 03-12. Passed 2-20-12.)

743.12 LICENSE FEES.

Each person submitting an application for a permit under the provisions of this section shall pay a fee, as set forth.

License fees under this Chapter shall be filed with the application for license and at the time for renewal. In the event an application is denied under this Chapter, one-half of the license fees therefore shall be returned to the applicant. In the event any license is revoked under this Chapter, no portion of the license fee shall be returned to the owner.

Section 1464, Appendix A, is hereby amended by adding the following to the Administration subsection:

Computer Internet Sweepstakes Café $2,500.00

Computer Internet Sweepstakes Device $ 35.00

(Ord. 03-12. Passed 2-20-12.)

743.13 SEVERABILITY.

This Chapter and each section and provision of this Chapter, are hereby declared to be independent sections and subsections and, notwithstanding any other evidence of legislative intent, the Council of the City of Fairborn, by adoption of the legislation containing this section, hereby states that it is the controlling legislative intent that if any provisions of said Chapter, or the application thereof to any person or circumstance, is held to be invalid, the remaining sections or provisions and the application of such sections and provisions to any person or circumstances other than those to which it is held invalid, shall not be affected thereby, and it is hereby declared that such sections and provisions would have been passed independently if such section or provision were so known to be invalid. The adoption of this Chapter in a single legislative act is merely for convenience. It is the intent that each and every separate part hereof be severable so as to leave in effect as much of this Chapter as is not found invalid so as to provide as much benefit to its citizens as possible while still protecting the rights guaranteed under the U.S. and State Constitution. Nothing contained herein shall be deemed to permit the use of a Computerized Internet Sweepstakes Device or operation of Computerized Internet Sweepstakes Terminal Café if such use or operation are determined by a court of competent jurisdiction to be illegal within the State of Ohio.
(Ord. 03-12. Passed 2-20-12.)

743.99 PENALTY.

Whoever violates any of the provisions of this Chapter is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 03-12. Passed 2-20-12.)

CODIFIED ORDINANCES OF FAIRBORN

of Fairborn, Ohio

OFFICIALS

TABLE

ADMINISTRATIVE CODE

TRAFFIC CODE

GENERAL OFFENSES CODE

PART SEVEN

BUSINESS REGULATION CODE

CHAPTER 701 Sexually Orientated Businesses
CHAPTER 702 Wireless Telecommunication Facilities
CHAPTER 704 Massage Establishments and Massage Practitioners
CHAPTER 705 Escorts and Escort Services
CHAPTER 707 Competitive Video Service Authorizations
CHAPTER 711 Exhibitions and Shows
CHAPTER 712 Tattooing and Body Piercing
CHAPTER 715 Home Sales
CHAPTER 723 Motorbusses
CHAPTER 727 Peddlers, Vendors, Canvassers and Charitable Solicitations
CHAPTER 729 Panhandling
CHAPTER 731 Taxicabs
CHAPTER 735 Trailer Camps
CHAPTER 741 Alarm Systems
CHAPTER 743 Computerized Internet Sweepstakes Cafés