The purpose of this chapter is to regulate teen clubs through the application of uniform zoning and licensing requirements to promote the health, safety, morals and general welfare of the patrons of such clubs and of all citizens of the city, and to establish reasonable and uniform regulations for the operation of teen clubs because of their nature as permitted uses in areas of the city that are also zoned for uses deemed by the Council to be incompatible with teen use, including, but not limited to, sexually oriented businesses and liquor establishments. It is not the intent of this chapter to limit or restrict the operation of any club geared toward a teen clientele as their intended market, but to provide a safe and reasonable manner in which to operate such clubs.

(Ord. 2002-134, passed 12-3-02)

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

   EMPLOYEE. Any person who works in and/or for a teen club business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business and whether or not the person is determined an employee, independent contractor, agent or otherwise. The term EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the remises.

   PERMITTEE AND/OR LICENSEE. Any person in whose name a permit and/or license to operate a teen club business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

   TEEN CLUB. All buildings and places of assembly where the intended occupancy is either overwhelmingly or exclusively minors between 13 and 21 years of age unaccompanied by an adult parent or guardian, but not including similar events operated by a non-profit organization. TEEN CLUB shall include, but not be limited to, teen nightclubs, teen dance clubs or teen entertainment establishments.

(Ord. 2002-134, passed 12-3-02)

   Teen clubs shall be established only in identified zones as set forth in the zoning code and shall be subject to the restrictions of this chapter.

(Ord. 2002-134, passed 12-3-02)

   (A)   Any teen club lawfully operating at the time of the enactment of this chapter that is in violation of § 1286.03 shall be deemed a non-conforming use. A non-conforming use may continue for three months as long as a proper permit application has been filed within 30 days of the effective date of this chapter, and may be extended by the Safety Service Director upon a showing of extreme financial hardship, unless voluntarily discontinued for a period of 30 days or more. Such non-conforming uses may not be increased, enlarged, extended or altered unless to a conforming use.

   (B)   Any establishment subject to the provisions of this chapter shall apply for a permit as provided under § 1286.05 within 30 days of the effective date of this chapter.

(Ord. 2002-134, passed 12-3-02)

   (A)   No teen club business shall be permitted to operate without a valid teen club business permit issued by the city. Operation of such a business without a permit is a misdemeanor of the first degree. Violations of this chapter dealing with firearms and alcohol are misdemeanors of the first degree. All other violations of this chapter are misdemeanors of the third degree.

   (B)   The Safety Service Director, or his or her designee, is responsible for granting, denying, revoking, renewing, suspending and canceling permits for proposed or existing teen club businesses. To be approved, applications must comply with all requirements of this chapter and the zoning and building codes of the city.

   (C)   Applications 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, Social Security number, and proof of age over 18.

         (b)   A partnership: the complete name, tax identification number, all partners' names, and a copy of any partnership agreement.

         (c)   A corporation: its complete name, date of incorporation, tax identification number, names of all officers, directors, and principal stockholders, name and address of its registered agent and evidence of good standing under Ohio law. A principal stockholder is any person who owns more than five percent of the outstanding shares of stock of the corporation.

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

      (3)   Whether the applicant or other listed individuals has had a teen club 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 within the last five years.

      (4)   Whether the applicant or other listed individuals hold any other teen club business permits and the names and locations of all other such businesses.

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

      (6)   The applicant's business and residential addresses and telephone numbers. If the applicant has been at his, her or its current address for less than five years, then all business and residential addresses of applicant for five years prior to the date of the application must be included.

      (7)   The applicant’s tax identification number and written proof of age in the form of picture identification issued by a governmental agency.

      (8)   A sketch or diagram showing the configuration and total floor space of the premises. The sketch need not be professional, but must be drawn to scale and accurate to plus or minus six inches.

      (9)   A lighting plan as detailed in § 1286.17.

      (10)   A maximum occupancy statement as detailed in § 1286.17.

      (11)   A security plan as detailed in § 1286.17.

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

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

         (c)   If the Safety Service Director learns that an applicant improperly completed the permit application, the Safety Service Director shall promptly notify the applicant and allow ten days for correction.

         (d)   A $500 non-refundable application fee is due at the time the applicant files an application under this section.

   (G)   Prior to obtaining a permit to operate a teen club business, the applicant shall certify that the proposed location complies with the location requirements of this chapter.

   (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 Safety Service Director and his designees. Such investigation shall include, but not be limited to, a criminal background check of all owner(s) and operator(s) listed on the application.

   (I)   The applicant is required to provide the city with the names of all employees required to be licensed under § 1286.14. This obligation continues even after a permit is granted or renewed and all new employees required to obtain a license under this chapter must be reported to the city no later than ten business days after the employee is hired.

   (J)   A teen club business permit may be renewed annually upon written application, subject to the payment of a $300 annual renewal fee, and a finding that the permit holder is still in conformance with the permit requirements.

(Ord. 2002-134, passed 12-3-02)

   (A)   Upon receipt of a completed application the city shall send photocopies of the application to all city 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 20 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 a specific provision of a statute, code, ordinance, regulation or other law in effect in the city and the reason(s) for disapproval must be stated.

   (B)   An application shall be disapproved if a criminal background check reveals that any owner, operator, permittee, license or employee has been convicted of or pleaded guilty to any of the following:

      (1)   A violation of Ohio R.C. 2919.22; Ohio R.C. 2919.24; any crime of violence as defined in the Ohio Revised Code; any violation of Ohio R.C. Chapter 2907; or any violation of Ohio R.C. Chapter 2925.

      (2)   A violation of an existing or former law of this state, any political subdivision of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (B)(1) of this section.

(Ord. 2002-134, passed 12-3-02)

   (A)   Denial or granting of application. An application shall be granted or denied within 30 days from the date of the city's receipt of a completed application except as provided under division (D) of this section.

   (B)   Grant of application for permit:

      (1)   An application shall be granted unless one of the criteria of division (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 and the address of the teen club business and the permit expiration date. The permit shall be posted in a conspicuous place at or near the entrance to the teen club business so it can be read at any time.

   (C)   Denial of application for permit.

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

         (a)   An applicant is under 18 years of age;

         (b)   An applicant is overdue on the payment of taxes, fees, fines, or penalties assessed by the city in relation to a teen club business.

         (c)   An applicant's permit to operate a teen club business has been denied or revoked within the preceding 12 months.

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

         (f)   The $500 application fee or renewal fee has not been paid.

         (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)   An applicant knowingly has in his or her employ an employee who does not have a valid license as required in § 1286.14.

         (j)   Any owner, operator, licensee or permittee fails to pass the criminal background check as set forth in § 1286.06.

         (k)   The business for which a permit is sought, or for which renewal of a permit is sought, has been declared a nuisance as defined in the city code of ordinances.

      (2)   Applicants shall be promptly notified of an application denial and the reasons for denial.

   (D)   Cooperation with city agencies. As set forth in § 1286.06, all city agencies responsible for the enforcement of health, fire, building and zoning codes and laws shall determine if the proposed business is in compliance with its area of regulation within 20 days of receipt of a completed application. If the applicant requests additional time to comply with a statute, code, ordinance, regulation or other law in effect in the city, upon agreement of the applicant, a one time extension of an additional 30 days may be given for the city to grant or deny the application.

(Ord. 2002-134, passed 12-3-02)

   The annual renewal fee for a teen club business permit is $300.

(Ord. 2002-134, passed 12-3-02)

   Each permit shall expire one year from the date of issuance and may be renewed by making an application under § 1286.05 at least 30 days before the expiration date. If a renewal is denied, a new permit shall not be issued for one year from the date of denial. If the basis for denial is delinquency in fees or taxes or an incomplete or false application, and the original defect has been corrected and at least 90 days have elapsed from the date the denial became final, a new permit may be granted.

(Ord. 2002-134, passed 12-3-02)

   A permit to operate a teen club business may be suspended until the violation causing the suspension has been corrected, provided that the period is not to exceed 30 days, if a permittee knowingly, or an employee of a permittee intentionally and with knowledge of the permittee:

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

   (B)   Works at the teen club business while under the influence of alcohol;

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

   (D)   Transfers the teen club business permit to another in violation of this chapter; or

   (E)   Knowingly employs a person without a valid license as required in § 1286.14.

(Ord. 2002-134, passed 12-3-02)

   (A)   A permit to operate a teen club business shall be revoked upon a determination that either a permit is to be suspended for a second time within a 12-month period or that a permittee knowingly, or employee of a permittee intentionally and with knowledge of the permittee:

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

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

      (3)   Knowingly operated the business while under permit suspension;

      (4)   Has been convicted of tax violations for taxes or fees related to a teen club business; or

      (5)   Knowingly operated the business in violation of the additional operating conditions of § 1286.17.

   (B)   A permit shall be revoked for one year and a permittee shall not receive any other permits for any other teen club businesses during the one year revocation period.

(Ord. 2002-134, passed 12-3-02)

   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 or Special Review Board if one is established. Review of the denial, suspension or revocation shall take place within 30 days of the application for review. The City Council or Special Review Board shall issue a written decision within 15 days of the commencement of the review hearing unless a longer period is necessary to accommodate the needs of the agreed application. If the denial, suspension or revocation is affirmed on review, the applicant or permittee may seek review of the administrative decision in the Hamilton County Court of Common Pleas. The suspension or revocation of a permit will be stayed upon application for review by Council. If the applicant fails to perfect its appeal within 60 days of a final council decision, the stay will dissolve and the suspension or revocation will take immediate effect. If an applicant properly appeals to a court of competent appellate jurisdiction the stay will continue during the pendency of the appeal unless dissolved by the Court. Upon notice of appeal to the Common Pleas Court, the city will prepare an administrative transcript within 20 days.

(Ord. 2002-134, passed 12-3-02)

   (A)   A permittee shall not operate a teen club 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 unless that person:

      (1)   Obtains an amendment to the permit upon the satisfactory completion of an application;

      (2)   Pays a transfer fee of 20% of the annual permit fee.

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

   (D)   A permit shall not be transferred to another location.

   (E)   Any transfer attempted in violation of this section is void and will revoke the permit.

(Ord. 2002-134, passed 12-3-02)

   (A)   All employees of a teen club business are required to obtain a teen club business employee license and shall submit to a criminal background check as set forth in § 1286.06(B). In addition, each applicant shall pay a permit fee of $25 to cover reasonable administrative costs.

   (B)   On a form provided by the city the applicant shall provide his or her.

      (1)   Name;

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

      (3)   Proof of minimum age of 18 in the form of a state driver’s license or other form of picture identification issued by a governmental agency;

      (4)   A color photograph and fingerprints on a form provided by the Police Department.

   (C)   The application review shall be completed within ten days of filing. If requested, a temporary license will be issued pending review of the application.

   (D)   The employee license shall be issued unless the city finds that:

een Clubs

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

      (2)   The applicant is under 18 years of age;

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

      (4)   The applicant has had an employee license revoked within two years of the date of the current application.

      (5)   The employee fails to meet the requirements of the criminal background check as set forth in § 1286.06.

   (E)   An employee license may be renewed annually upon written application subject to the payment of a $10 renewal fee and a finding that the applicant is still in conformance with the application requirements.

(Ord. 2002-134, passed 12-3-02)

   (A)   All teen clubs allowing persons under the age of 14 may operate no later than 10:30 p.m. Friday and Saturday, and no later than 9:00 p.m. Sunday through Thursday.

   (B)   All teen clubs allowing persons aged fourteen and older only may operate no later than 12:30 a.m. Friday and Saturday, and no later than 11:30 p.m. Sunday through Thursday.

(Ord. 2002-134, passed 12-3-02)

   (A)   No re-admission of any person shall be allowed without payment of the full admission fee required of all patrons entering the club.

   (B)   Parents and/or guardians shall be allowed to enter the club during all hours of operation.

   (C)   Parents and/or guardians shall not be subject to division (A) above.

(Ord. 2002-134, passed 12-3-02)

   (A)   In order to provide a safe and secure environment, adequate lighting shall be provided in all parking areas and at all entrances and exits of the teen club. A lighting plan is to be provided upon submission of an application for a permit as required in this chapter.

   (B)   Teen clubs shall not exceed the maximum occupancies provided for in the Ohio Building Code or any applicable provision of the city building and zoning code and the city fire code. A statement of the maximum occupancy to be allowed pursuant to such regulations is to be provided upon submission of an application for a permit as required in this chapter.

   (C)   A security plan shall be provided upon submission of an application for a permit as required in this chapter. Each security plan shall demonstrate that the teen club has met all city and state building and fire code requirements. In addition, such plan shall include the number and location of all access doors, including emergency exits.

   (D)   At least one uniformed security officer or off-duty police officer shall be working in the teen club during all hours of operation.

   (E)   No noise and/or vibrations shall be heard or felt beyond the property line of any teen club, and there shall be no speaker, sound system or other device emitting noise and/or vibrations on the exterior of the building. A sound-proofing plan shall be provided upon submission of an application for a permit as required in this chapter.

   (F)   Teen clubs shall not be allowed within 800 feet of any sexually oriented businesses, as defined in § 1276.02 of this Code of Ordinances regardless of whether such business is located in the Sexually Oriented Business Zone or at some other location.

   (G)   Teen clubs shall not be allowed within 500 feet of any single family residential structure.

   (H)   Teen clubs shall not be allowed within 500 feet of any establishment selling alcohol.

   (I)   Firearms shall not be permitted on the premises.

   (J)   Smoking and alcohol consumption shall not be permitted on the premises.

   (K)   All rules shall be clearly posted for all patrons on the premises.

   (L)   Nothing in this section relieves the permittee from compliance with any other provision of the codified ordinances of the city.

(Ord. 2002-134, passed 12-3-02)