Obetz City Zoning Code
CHAPTER 1193
Sexually Oriented Business
1193.01 PURPOSE.
This chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of sexually oriented businesses within the Village in order to promote the health, safety and welfare of the citizens of the Village. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or communication, including sexually oriented entertainment. Similarly, it is not the purpose of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent of this chapter to condone or legitimize the distribution or exhibition of entertainment that is obscene.
1193.02 DEFINITIONS.
(a) "ADULT ARCADE" means any place to which the public is permitted or invited where either or both:
(1) Motion picture machines, projectors, video or laser disc players, or
(2) Other video or image-producing devices are available, run via coin, token, or any other forms of consideration, to show images to five or fewer persons at one time; and where the images shown and for live entertainment presented is characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(b) "ADULT BOOKSTORE, ADULT NOVELTY STORE, OR ADULT VIDEO STORE" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
(2) Instruments, devices, or paraphernalia, other than prophylactics, that are designated for use in connection with specified sexual activities.
(c) "ADULT CABARET' means a nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(1) Persons who appear in a "state of semi-nudity" or "state of nudity"; or
(2) Live entertainment characterized by the depiction, description, or exposure of specified anatomical areas or by specified sexual activities;
(3) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
(4) Films, motion pictures, videocassettes, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(d) "ADULT MOTEL" means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration: and 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 has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
(2) Offers a sleeping room for rent for a period of time that is less than ten (10) hours or allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(e) "ADULT MOTION PICTURE THEATER" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, digital projection, laser projection, computer reproduction, or similar visual reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(f) "ADULT THEATER " means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of semi-nudity or nudity, live performances which are characterized by the depiction or description of specified anatomical areas, specified sexual activities, or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment.
(g) "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 makeup, or any substance designed to simulate the appearance of the anatomical area beneath it.
(h) "EMPLOYEE" means a person who performs any service or work on the premises of a sexually oriented business, including but not limited to providing entertainment, performing work of a management or supervisory nature, or performing support functions on a full-time; part- time or contract basis, whether or not the person is denominated an employee, independent contractor; agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(i) "EMPLOYEE STATION" means an area on the premises of a Sexually Oriented Business designated for occupancy exclusively by one or more employees whose duties include assuring compliance with the provisions of this chapter.
(j) "HEALTH COMMISSIONER" means the Franklin County Commissioner of Health or his authorized representative.
(k) "LICENSEE" means, with respect to a sexually oriented business license issued under this chapter, a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to a sexually oriented employee a license issued under this chapter, licensee means a person in whose name a license has been issued authorizing employment in a sexually oriented business.
(l) "LIVE VIEWING BOOTH" means any private or semi-private booth, or any viewing room of less than one hundred fifty (150) square feet of floor space, to which the public may gain admittance, wherein a live performance is presented.
(m) "NUDE MODEL STUDIO" means any place where a person who appears nude or 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:
(1) 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) 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) 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.
(n) "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 simulates any of these anatomical areas.
(o) "OPERATE" means to control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility "Operate" or "Cause to be Operated" shall mean to cause to function or to put or keep in operation. "Operator" means any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a sexually oriented business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
(p) "PERSON" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation, limited liability corporation, or combination of individuals of whatever form or character.
(q) “SEMI-NUDITY" 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, but shall not include any portion of the cleavage 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.
(r) "SEXUAL ENCOUNTER CENTER" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of the same or opposite sex for the purpose of sexual gratification or sexual arousal for either party.
(2) Activities between male and female persons and/or persons of the same sex when on or more of the persons is nude or semi-nude.
(s) "SEXUALLY ORIENTED BUSINESS" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. "Sexually oriented business" does not include an adult motel as defined above.
(t) "SPECIFIED ANATOMICAL AREAS" means:
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
(u) "SPECIFIED CRIMINAL ACTIVITY" means any of the following offenses:
(1) Prostitution or promoting prostitution; compelling prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; disseminating material harmful to juveniles, displaying the materials harmful to juvenile, sexual performance by a child; pandering obscenity, pandering obscenity involving a minor, pandering sexually oriented material involving a minor; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;
(2) For which:
A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(3) The fact that conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
(v) "SPECIFIED SEXUAL ACTIVITIES" means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse; oral copulation, masturbation, or sodomy; or
(3) Excretory functions as a part of or in connection with any of the activities set forth in subsection (v) (1) or (2) hereof.
(w) "VIDEO BOOTH" means any private or semi-private booth or any viewing room of less than one hundred fifty (150) square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor, or similar equipment is available for the purpose of showing still or motion pictures, videos or similar images or photographic reproductions.
(x) “VIEWING BOOTH” means live viewing booth or video booth and "VIEWING BOOTHS" means live viewing booth, video booths, or any combination thereof.
(y) "TRANSFER OF OWNERSHIP OR CONTROL" of a sexually oriented business shall mean 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; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
1193.03 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(a) Sexually Oriented Businesses may be located only in accordance with the restrictions contained in subsections (b) through (g) hereof.
(b) No Sexually Oriented Businesses may be established within 1000 feet of:
(1) A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private 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 facilities used primarily for another purpose and only incidentally as a school;
(3) A structure devoted to a residential use whether or not such structure is located within the limits of the Village of Obetz;
(4) A public or private park or public or private recreational area 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, wilderness areas, miniature golf course, or other similar family recreation area, and other similarly used public land within the Village which is under the control, operation, or management of either the Village park and recreation authorities or which is operated or managed by the Columbus Metro Parks; or
(5) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the State of Ohio.
(c) No Sexually Oriented Business may be established within 300 feet of a zoning district whether or not such district is located within the Village of Obetz.
(d) No Sexually Oriented Business may be established, operated or enlarged within 1,000 feet of another Sexually Oriented Business.
(e) Not more than one Sexually Oriented Business shall be established or operated in the same building, structure, or portion thereof, and the floor area of any Sexually Oriented Business in any building, structure, or portion thereof containing another Sexually Oriented business may not be increased.
(f) For the purpose of subsection (b) hereof, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises of a use listed in subsection (b) hereof.
(g) For the purposes of subsection (d) hereof, the distance between any two Sexually Oriented Businesses shall be measured in a straight line, without regard to the intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
1193.04 ADDITIONAL REGULATIONS.
(a) Lot requirements for Sexually Oriented Businesses are those specified for General Commercial Businesses in Chapter 1147.
(b) Yard requirements for a Sexually Oriented Business are those specified for General Commercial Businesses in Chapter 1147.
(c) Maximum Height Regulations for a Sexually Oriented Business are those specified for General Commercial Businesses in Chapter 1147.
(d) Parking requirements for a Sexually Oriented Business are governed by the provisions contained in Chapter 1169.
(f) Site development plans for a Sexually Oriented business shall be submitted to the Planning and Zoning Commission in accordance with the procedures specified in Chapter 1137 of the Zoning Code of the Village of Obetz.
(g) Review and approval procedures for a site development plan for a Sexually Oriented Business shall be in accordance with the procedures specified in Chapter 1137.
(i) No merchandise or pictures of the products or entertainment on the premises shall be displayed in window areas or any area where they can be viewed from a sidewalk or street adjacent to the building.
(j) Window areas shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square foot sign may be placed on the door to state hours of operation and admittance to adults only.
1193.05 SEXUALLY ORIENTED BUSINESS LICENSE REQUIRED.
(a) No person shall:
(1) Operate a sexually oriented business without a valid sexually oriented business license issued by the Village pursuant to this chapter.
(2) In connection with operating a sexually oriented business, retain the services of a person as an employee, as defined in Section 1193.02, who is not licensed as a sexually oriented business employee by the Village pursuant to this chapter.
(b) Any person who violates this section shall be guilty of a misdemeanor of the first degree.
(c) Businesses subject to adult business licensing are classified as follows:
(1) Adult arcades;
(2) Adult bookstores, adult novelty stores, or adult video stores;
(3) Adult cabarets;
(4) Adult motion picture theaters;
(5) Adult theaters;
(6) Nude model studios;
(7) Sexual encounter centers; and
(8) Any combination of classifications set forth in subsections (c)(l) through (7) hereof.
1193.06 SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE REQUIRED.
(a) No person shall act as an employee, as defined in Section 1193.02, on the premises of a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.
(b) Any person who violates this section shall be guilty of a misdemeanor of the third degree.
1193.07 SEXUALLY ORIENTED BUSINESS LICENSE APPLICATION.
(a) An application for a sexually oriented business license shall be submitted to the Economic Development Director, or his designee, on a form provided by the Director. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the Village to determine whether the applicant meets the qualifications established in this Chapter.
(b) An application for a sexually oriented business license shall identify and be signed by the following persons:
(1) If the business entity is owned by an individual, that individual.
(2) If the business entity is owned by a corporation, each officer or director of the corporation and each individual with a ten percent (10%) or greater ownership interest in the corporation.
(3) If the business entity is owned by a partnership, each partner and each individual with a ten percent (10%) or greater ownership interest in the partnership.
(c) An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.
(d) An application for a sexually oriented business license shall be completed according to the instructions of the application form, which shall require the following:
(1) If the applicant is:
A. An individual, state the legal name and any aliases of such individual;
B. A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limit and provide a copy of the partnership agreement, if any;
C. A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.
(2) If the applicant intends to operate the sexually oriented business under the name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
(3) State whether any applicant has been convicted of a specified criminal activity as defined in Section 1193.02, and if so the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
(4) State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, director or ten percent (10%) or greater owner of a corporation licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, names and locations of such other licensed businesses.
(6) State the classification of license under this chapter for which the applicant is filing.
(7) State the location of the proposed sexually oriented business, including a legal description of the property (i.e. lot and block), street address, and telephone number(s), if any. The applicant shall submit a site plan complying with all relevant provisions of the Codified Ordinances of the Village of Obetz.
(8) State the mailing address and residential address of each applicant and each person signing the application.
(9) Submit a recent photograph of each applicant who is a natural person, taken by the Village of Obetz Police Department, which clearly shows the applicant's face.
(10) Submit the fingerprints of each applicant who is a natural person, recorded by the Village of Obetz Police Department.
(11) For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.
(12) State the driver's license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant's federally issued tax identification number.
(13) Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
(14) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business, including the location of all stages and customer seating and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches.
(15) If an applicant wishes to operate a sexually oriented business, which shall exhibit on the premises, in a booth, as defined in Section 1193.02, films, video cassettes, other video or image reproduction, or live entertainment which depicts "specified sexual activities" or "specified anatomical areas", then the applicant shall comply with the additional application requirements as set forth in Section 1193.19.
1193.08 ISSUANCE OF SEXUALLY ORIENTED BUSINESS LICENSE.
(a) Within five (5) regular business days of receipt of a completed application for a sexually oriented business license, the Economic Development Director, or his designee, shall notify the Village of Obetz Police Chief, the Hamilton and Madison Township Fire Chief and the Franklin County Health Commissioner of such application. In making such notification, the Economic Development Director shall request the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant(s), and shall request that the Fire Chief and Health Commissioner promptly inspect the premises for which adult business license is sought to assess compliance with the regulations under their respective jurisdictions.
The Police Chief and the Fire Chief shall begin their respective investigations and inspection processes promptly upon receipt of notice of an application from the Economic Development Director, or his designee. The Police Chief shall provide the results of this investigation to the Economic Development Director, or his designee, in writing, within ten (10) days of receipt of notice of the application. The Fire Chief shall provide to the Economic Development Director, or his designee, a written certification of whether the premises are in compliance with the Fire Code within (10) days of receipt of notice of the application.
The Economic Development Director shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of the application, and shall complete a written certification of whether the premises are in compliance with the building Code, the Planning and Zoning Code, and the provisions of this chapter related to physical characteristics of the premises within fifteen (15) days after receipt of the application.
(b) Within twenty-one (21) days after receipt of a completed sexually oriented business license application, the, Economic Development Director, or his designee shall approve or deny the issuance of the license. The Economic Development Director, or his designee, shall approve the issuance of a license to an applicant unless he determines that one or more of the following findings are true:
(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
(3) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license within two years immediately preceding the application The fact that a conviction is being appealed shall have not effect.
(4) An applicant has been denied an adult business license or has had a license to operate a sexually oriented business revoked within the preceding twelve (12) months by any jurisdiction.
(5) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law abiding manner thus necessitating action by law enforcement officer.
(6) An applicant has been convicted of a specified criminal activity as defined in Section 1193.02.
(7) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of the Planning and Zoning Code, the General Offenses Code of the Village, or State statute or regulation.
(8) The application and investigation fee required by this chapter has not been paid.
(9) An applicant is in violation of or is not in compliance with any provision of this chapter, except as provided in subsection (c)(1) hereof.
(c) If the Economic Development Director, or his designee, determines that one or both of the following findings is true, the license issued pursuant to subsection (b) hereof shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued.
(1) The results of inspections of the premises by the Fire Chief, the Health Commissioner, and/or the Economic Development Director or his designee indicates that the premises are not in compliance with applicable laws and regulations under their respective jurisdiction including the provisions of this chapter related to characteristics of that physical premises. This subsection shall not apply to premises that are in violation of any law or regulation that is identified or referenced in subsections (b)(1) through (b)(7) hereof.
(2) An applicant is overdue in payment to the Village of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(d) If the Economic Development Director, or his designee, determines that no other grounds for denial of a license exist under subsection (b) hereof, the Economic Development Director, or his designee, shall not delay approval of the application past the end of the twenty-one (21) day period provided in this section solely because the Fire Chief or the Health Commissioner has not provided the Economic Development Director, or his designee, with the result of his inspection of the premises; the results of the Director of the inspection of the premises are not available; and/or the Police Chief has not provided the results of his investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Economic Development Director, or his designee, receives information from the Police Chief concerning his investigation which the Economic Development Director determines constitutes grounds for denial of a license under subsection (b) hereof, then the sexually oriented business license issued pursuant to this subsection (d) hereof shall be immediately revoked. If after approving the issuance of a license, the Economic Development Director receives information concerning the results of inspection of the premises by the Fire Chief or the Health Commissioner's own inspection which the Economic Development Director determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) hereof: then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to this subsection (d) hereof to correct all deficiencies noted within 120 days of the date such requirement is added.
(e) The Economic Development Director shall advise the applicant in writing of the reasons for any license denial.
1193.09 SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE.
(a) An application for a sexually oriented business employee license shall be submitted to the Economic Development Director on a form provided by the Building Department. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the Village to determine whether the applicant meets the qualifications established in this chapter.
(b) An application for a sexually oriented business employee licensee shall be completed according to the instructions of the application form, which shall require the following.
(1) State the applicant's name and any other names (including "stage" names) or aliases used by the applicant.
(2) State the applicant's date and place of birth
(3) State the applicant's height, weight, and hair and eye color.
(4) Submit a recent photograph of the applicant, taken by the Village of Obetz Police Department, which clearly shows the applicant's face.
(5) Submit the applicant's fingerprints, recorded by the Village of Obetz Police Department.
(6) Describe and identify the location of any tattoos on the applicant's face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.
(7) State the applicant's present residence address and telephone number.
(8) State the applicant's present or intended business address and telephone number.
(9) State the applicant's drivers' license number and Social Security number.
(10) Submit proof that the applicant is at least eighteen (18) years old.
(11) Provide a statement detailing the sexually oriented business-related license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business, in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business-related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation or suspension.
(12) State whether the applicant has been convicted of a specified criminal activity as defined in Section 1193.02 and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.
1193.10 ISSUANCE OF SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE.
(a) Upon the filing of a completed application for a sexually oriented business employee license, the Economic Development Director shall issue a temporary license to said applicant immediately.
(b) Within five (5) days of receipt of an application for a sexually oriented business employee license, the Economic Development Director shall notify the Police Chief of such application. In making such notification, the Economic Development Director shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant. The Police Chief shall begin his investigation promptly upon receipt of notice of an application from the Economic Development and shall provide the results of his investigation to the Director within ten (10) days of receipt of notice of the application.
(c) Within twenty-one (21) days after receipt of a completed sexually oriented employee license application, the Economic Development Director shall approve or deny the issuance of the license. The Director shall approve the issuance of a license to an applicant unless he determines that one or more of the following findings is true:
(1) The applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
(2) The applicant is under eighteen (18) years of age.
(3) The applicant has been convicted of a specified criminal activity as defined in Section 1193.02.
(4) The sexually oriented business employee license is to be used for employment, in a business prohibited by local, state, or federal law, statute, rule or regulation.
(5) The application has been denied a sexually oriented business employee license or has had a sexually oriented business employee license revoked within the preceding twelve (12) months by any jurisdiction.
(d) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. The Economic Development Director shall advise the applicant in writing of the reason(s) for any such denial.
1193.11 FEES.
(a) Every application for a new sexually oriented business license shall be accompanied by a five hundred dollar ($500) non-refundable application and investigation fee.
(b) Every application for renewal of a sexually oriented business license shall accompanied by a one hundred fifty dollar ($150) non-refundable application and investigation fee.
(c) In addition to the application and investigation fee required in subsection (a) or (b) hereof, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the Village an annual, non-refundable license fee of three hundred dollars ($300) within thirty (30) days of license issuance or renewal.
(d) Every application for a new sexually oriented business employee license shall be accompanied by an annual non-refundable application, investigation, and license fee of one hundred dollars ($100).
(e) Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, non-refundable application, investigation and license fee of thirty- five dollars ($35).
1193.12 INSPECTION.
(a) The Police Department shall, from time to time and at least four times a year, inspect each sexually oriented business licensed under the provisions of this chapter in order to assess compliance with the provisions of this chapter.
(b) The Economic Development Director, or his designee, shall from time to time and at least four times a year, request that the Health Commissioner inspect each sexually oriented business licensed under the provisions of this chapter in order to assess compliance with the provisions of this chapter.
(c) An applicant or licensee shall permit the Village of Obetz Economic Development Director, or his designee, and representatives of the Village of Obetz Police Department, Madison and/or Hamilton Fire Department or other Village departments or agencies, or the Health Commissioner, to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that it is occupied or open for business.
(d) A person who operates a sexually oriented business or his agent or employee commits a misdemeanor of the first degree if he refuses to permit such lawful inspection of the premises. In addition the license to operate the sexually oriented business shall be suspended until such time as the owner, operator, agent or employee of the sexually oriented business permits said inspections.
(e) All employee licenses shall be kept on the licensed premises and readily available for review.
1193.13 EXPIRATION AND RENEWAL OF LICENSE.
(a) Each license issued pursuant to this chapter shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than ninety (90) days and no less than thirty (30) days before the expiration date. If application is made less than thirty (30) days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.
(b) An application for renewal of a sexually oriented business license shall be submitted to the Economic Development Director on a form provided by the Village of Obetz. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the Village to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing than the sketch or diagram still depicts the premises accurately.
(d) The Economic Development Director, or his designee, shall advise the applicant in writing of the reason(s) for any denial of a license renewal.
(e) An application for renewal of a sexually oriented business employee license shall be submitted to the Economic Development Director on a form provided by the Village. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the Village to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from the information provided in the applicant's initial license application pursuant to 1193.09. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions.
(f) When the Village denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. If the Village finds, subsequent to denial, that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the denial was issued.
1193.14 SUSPENSION.
(a) The Village shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee:
(1) Has violated or is not in compliance with any section of this chapter; or
(2) Has knowingly allowed an employee to violate or fail to comply with any section of this chapter.
(b) The Village shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee or his employee or agent has refused to allow inspection of the licensed sexually oriented business premises as authorized by this chapter.
(c) The Village shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee has violated or is not in compliance with any section of this chapter.
(d) The Economic Development Director shall advise the licensee in writing of the reason(s) for any suspension.
1193.15 REVOCATION.
(a) The Economic Development Director shall revoke a sexually oriented business license or a sexually oriented business employee license if a cause of suspension under Section 1193.14 occurs and the license has been suspended two times within the preceding twelve (12) months.
(b) The Economic Development Director shall revoke a sexually oriented business license if it determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process; or
(2) The licensee(s) failed to comply with any requirement stated in the license, pursuant to Section 1193.08, to correct specified deficiencies within 120 days;
(3) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(4) A licensee has knowingly allowed prostitution, solicitation, or the commission of a felony on the premises;
(5) A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was suspended;
(6) A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
(7) A licensee has been convicted of a specified criminal activity, as defined Section 1193.02, during the term of the license; or
(8) A licensee is delinquent in payment to the Village, County, or State for any taxes or fees past due that were assessed or imposed in relation to any business.
(c) The Economic Development Director shall revoke a sexually oriented business employee license if it is determined that:
(1) The licensee gave false or misleading information in the material submitted during the application process;
(2) The licensee has knowingly acted as an employee on the premises of a sexually oriented business during a period of time when the licensee's license was suspended; or
(3) The licensee has been convicted of a specified criminal activity, as defined in Section 1193.02 during the term of the license.
(d) The Economic Development Director shall advise the licensee in writing of the reason(s) for any revocation.
(e) When the Village revokes a license, the licensee shall not be issued another license for one (1) year from the date the revocation became effective. If the Village finds, subsequent to revocation, that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date the revocation became effective.
1193.16 APPEAL RIGHTS.
(a) Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the Obetz Village Council by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Council must hold a hearing on the appeal within fourteen (14) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing.
(b) Any decision by the Obetz Village Council shall be a final appealable order and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(c) In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this chapter, the applicant or licensee shall provide written notice of such appeal to the Obetz Village Council within (3) days of the filing of the appeal. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, Village Council shall transmit to the court in which appeal was sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the final order. The Village Council and all other departments or agencies of the Village shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
(d) Subject to the provisions of subsection (f) hereof, any licensee lawfully operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to operate said business during the pendency of an appeal to the Village Council or to a court.
(e) Subject to the provisions of subsection (f) of this section, any licensee lawfully acting as an employee in a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to serve in such capacity during the pendency of an appeal to the Village Council or to a court.
(f) In the event that an applicant for a new sexually oriented business license or a new sexually oriented business employee license seeks judicial review of the denial of a new license, and such review does not result in a full judicial decision within sixty (60) days of the date the appeal was had, the Village will issue such applicant a provisional sexually oriented business license or sexually oriented business employee license upon request of the applicant. The provisional license:
(1) Will allow an applicant for a sexually oriented business license to operate the sexually oriented business named in the license application under the same terms as a normal sexually oriented business issued pursuant to Section 1193.08 for the period of time specified in subsection (g) hereof; and
(2) Will allow an applicant for a sexually oriented business employee license to act as an employee on the premises of a sexually oriented business under the same terms as a normal sexually oriented business employee license issued pursuant to Section 1193.10 for the period of time specified in subsection (g) hereof; and
(g) A provisional license will expire on whichever of the following three dates is earliest:
(1) The date that a judicial decision is issued upholding the license denial;
(2) The date on which a non-provisional sexually oriented business license or sexually oriented business employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
(3) The date one year from the issuance of the provisional license.
(h) In the event that judicial review of the denial of a new license application is still pending thirty (30) days before the expiration date of a provisional license, the provisional licensee may file a renewal license application with the Economic Development Director pursuant to Section 1193.13. The Economic Development Director shall grant an application for renewal of a provisional license unless he/she determines that new grounds exist for denial of a license application pursuant to Section 1193.08 or Section 1193.10, which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the Village has the right to consolidate such review with the pending judicial appeal of the previous license denial.
1193.17 TRANSFER OF LICENSE.
(a) A sexually oriented business license is not transferable from one licensee to another, from one location to another. Any purported transfer of a sexually oriented business license shall automatically and immediately revoke that license.
(b) A sexually oriented business employee license is not transferable from one licensee to another, but the use of the license by the individual to whom it was issued may be transferred from one licensed sexually oriented business to another such licensed establishment during the term of the license, provided that the licensee gives written notice of such transfer to the Economic Development Director or his designee within fifteen (15) days of such transfer.
1193.18 PROHIBITION OF ADULT MOTELS.
(a) No person shall operate an adult motel within the Village.
(b) Evidence that a sleeping room in a hotel, motel, or similar commercial establishment has been rented and vacated two or more times in less than ten (10) hour creates a rebuttable presumption that the establishment is an adult motel as that term is defined in Section 1193.02.
(c) Evidence that a person in control of a sleeping room in a hotel, motel, or similar commercial establishment has rented or sub-rented a sleeping room to a person and, within ten (10) hours from the time the room was rented, has rented or sub-rented the same sleeping room again, creates rebuttable presumption that the establishment is an adult motel as that term is defined in Section 1193.02.
(d) For purposes of subsection (b) hereof, the terms "rent" or "sub-rent" mean the act of permitting a room to be occupied for any form of consideration.
(e) Any person who operates a hotel, motel, or similar commercial establishment that is found to be an adult motel, as defined in Section 1193.02, commits a misdemeanor of the first degree.
1193.19 REGULATION OF EXHIBITION OF SEXUALLY EXPLICIT FILMS,
(a) No person may operate or cause to be operated a sexually oriented business which exhibits on the premises in a viewing booth, as defined in Section 1193.02, films, video cassettes, other video or image reproduction, or live entertainment which depict or depicts "specified sexual activities" or "specified anatomical areas", without complying with the following requirements:
(1) The sexually oriented business license application required under this chapter shall be accompanied by a diagram of the premises showing a plan thereof which specifies the location of one or more employee's stations and the location of all overhead lighting fixtures, and which designates any portion of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the sexually oriented business license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches.
(2) The interior of the premises shall be configured in such a manner that there is an unobstructed view from an employee's station of every area of the premises to which any patron is permitted access for any purpose, including the interior of all viewing booths and excluding restrooms. Restrooms may not contain video reproduction equipment, and no entertainment of any kind may be offered in restrooms. If the premises has two or more employee's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the employee's stations. The view required in this subsection must be by direct line of sight from the employee's station.
(3) No alteration in the configuration or location of an employee's station shall be made without the prior approval of the Economic Development Director or his designee.
(4) At least one employee shall be on duty and situated in each employee's station at all times that any patron is present inside the premises.
(5) An employee's station shall not exceed thirty-two (32) square feet of floor area, and no single dimension of an employee's station shall exceed eight (8) feet.
(6) The view from the employee's station(s) shall remain unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials.
(7) No patron may at any time be permitted access to any area of the premises which has been designated in the license application filed pursuant to this chapter as an area in which patrons will not be permitted.
(8) No viewing booth may be occupied by more than one person at any time.
(9) The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including both the interior of viewing booths and restrooms, at an illumination level of not less than five (5.0) foot candles as measured at floor level.
(10) The illumination described above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(11) No openings of any kind shall be permitted to exist between viewing booths or in any wall of a viewing booth.
(12) No person shall make or attempt to make an opening of any kind between viewing booths or in any wall of a viewing booth.
(13) The walls of each viewing booth shall be inspected regularly during each business day to determine if any openings or holes exist.
(14) All floor coverings in viewing booths shall be nonporous, easily cleanable surfaces, with no rugs or carpeting.
(15) All wall surfaces, ceiling surfaces and seating surfaces in viewing booths shall be constructed of, or permanently covered by, nonporous, easily cleanable material.
(b) A person who operates a sexually oriented business or his agent or employee shall be guilty of a misdemeanor of the third degree if he operates a sexually oriented business in violation of subsection (a) hereof.
1193.20 ADDITIONAL REGULATIONS FOR OPERATION OF SEXUALLY ORIENTED BUSINESSES.
(a) Nudity, Sexual Activity, Live Entertainment and Performances. The provisions of this subsection (a) hereof shall not apply to an employee's bona fide use of a restroom or of a single-sex dressing room that is accessible only to entertainers.
(2) Any employee appearing on the premises of a sexually oriented business in a state of semi-nudity, as defined in Section 1193.02, must be on a stage that is at least forty-five (45) inches from the floor, and at a distance at least seventy-two (72) inches from all parts of a clear designated area in which patrons will be present.
(3) All live entertainment and performances in a sexually oriented business must take place on a stage that is at least forty-five (45) inches from the floor and a distance of at least seventy-two (72) inches from all parts of a clear designated area in which patrons will be present.
(4) The stage shall be separated from the area in which patrons may be present.
(5) No employee, as defined in Section 1193.02, appearing on the premises of a sexually oriented business in a state of semi-nudity, may intentionally or knowingly touch a customer or a customer's clothing or knowingly permit himself or herself to be touched by a customer or a customer's clothing.
(6) Any live entertainment that is provided on the premises of a sexually oriented business, in a private or semi-private room, must take place in the direct, unobstructed line of sight of an employee's station at which at least one employee is on duty and stationed at all times during which such entertainment takes place, with all doors to such room completely open and ajar, if such room is not considered a "viewing booth" under Section 1193.02 and therefore is not subject to the provisions of Section 1193.19.
(b) Dressing Rooms. All sexually oriented businesses that offer live entertainment must provide separate dressing room facilities for female and male entertainers which shall not be occupied or used in any way by any one other than entertainers.
(c) Minors Prohibited. No person under the age of 18 years shall be permitted on the premises of a sexually oriented business.
(d) Hours of Operation. No sexually oriented business shall remain open at any time between the hour of 2:30 a.m. and 7:00 a.m. on weekdays and Saturdays, and 2 a.m. and noon (12:00 p.m.) on Sundays, nor shall any entertainment, service, product be provided to a customer on the premises of a sexually oriented business during those hours.
(e) Minimum Lighting Level.
(1) The premises of every sexually oriented business shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access, including restrooms, at an illumination level of not less than five (5.0) foot candles as measured at floor level.
(2) The illumination described in subsection (a) above shall be maintained at all times that any patron is present in the premises. In the event of a power failure, the business shall stop operating immediately and all patrons shall be cleared from the premises. The premises shall not be reopened until the minimum illumination level can be assured.
(f) Exterior Display. No sexually oriented business shall be operated in any manner that permits the observation from outside the premises of any material or entertainment depicting or describing specified sexual activities or specified anatomical areas, as defined in Section 1193.02, or any person in a state of nudity or semi-nudity, whether by means of display, decoration, sign, window or any other means.
(g) Except as otherwise provided in this subsection, any person who violates subsection (a) hereof; or any person who operates a sexually oriented business and knowingly permits a violation of subsection (a) hereof on the premises; shall be guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to one violation of subsection (a) hereof, a violation of subsection (a) hereof will be considered a misdemeanor of the third degree If the offender previously has been convicted of or pleaded guilty to two violations of subsection (a) hereof, a violation of subsection (a) hereof will be considered a misdemeanor of the second degree If the offender previously has been convicted of or pleaded guilty to three violations of subsection (a) hereof; a violation of subsection (a) hereof will be considered a misdemeanor of the first degree.
(h) Any person who operates a sexually oriented business and knowingly permits a violation of subsection (t) hereof on the premises shall be guilty of a misdemeanor of the first degree.
(i) Any person who operates a sexually oriented business in violation of subsection (b), (d) or (e) hereof shall be guilty of a misdemeanor of the fourth degree.
(j) Any operator of a sexually oriented business or his agent or employee who recklessly violates, or operates a sexually oriented business in violation of subsection (c) hereof commits a misdemeanor of the second degree. Mistake of age is not a defense to a charge under this section, unless the person under age eighteen (18) who was permitted on the premises exhibited to the operator or his agent or employee a draft card, driver's license, birth record, or other official or apparently official document purporting to show that the person was eighteen (18) years of age or over, and the person to whom that document was exhibited did not otherwise have reasonable cause to believe that the person seeking admittance was under eighteen years old.
1193.21 LOITERING, EXTERIOR LIGHTING AND MONITORING REQUIREMENTS.
(a) It shall be the duty of the operator of a sexually oriented business to:
(1) Initiate and enforce a no loitering policy within the external boundaries of the real property upon which the sexually oriented businesses are located;
(2) Post conspicuous signs stating that no loitering is permitted on such property;
(3) Designate one or more employees to monitor the activities of persons on such property by visually inspecting such property at least once every thirty (30) minutes or inspecting such property by use of video cameras and monitors; and
(4) Provide adequate lighting of the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. The video cameras and monitors shall operate continuously at all times that the premise is open for business. The monitors shall be installed within a manager's station.
(b) It shall be unlawful for a person having a duty under this section to knowingly fail to fulfill that duty.
1193.22 INJUNCTION.
Any person who operates or causes to be operated a sexually oriented business in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations under Chapter 1183 of the Codified Ordinances of the Village of Obetz.
1193.23 EFFECT OF PARTIAL INVALIDITY.
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.
1193.99 PENALTY.
Any violations of any provision of this chapter shall be a misdemeanor of the first degree punishable by a fine up to including one thousand dollars ($1,000.00) and imprisonment up to and including one hundred eighty (180) days.