South Amherst City Zoning Code
PART SEVEN
BUSINESS REGULATION CODE
705.01 DEFINITIONS.
(a) “Adult cabaret” means a commercial establishment that features persons who appear in a state of semi-nudity and that is intended to arouse or gratify the sexual desires of the operators, entertainer, employee or customer, including exotic dancers, strippers, male or female impersonators, semi-nude waiters, waitresses or bartenders, or similar entertainers.
(b) “Employee” means a person who performs any service or work on the premises of an adult cabaret, 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 such person is paid a salary, wage or other compensation by the operator of such business. “Employee” does not include a person on the premises exclusively for the repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
(c) “Nude” or “nudity” means exposing to view the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast below a point immediately above the top of the areola with less than a fully opaque covering of the areola and nipple, or the showing of the covered male genitals in a discernibly turgid state. “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 anatomical area beneath it.
(d) “Semi-nude” or “semi-nudity” means exposing to view, with less than a fully opaque covering, any portion of the human 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.
(Ord. 1018. Passed 5-8-00.)
705.02 PROHIBITED CONDUCT.
(a) No person shall knowingly or intentionally in an adult cabaret:
(1) Engage in sexual intercourse;
(2) Appear in a state of nudity in view of others;
(3) Fondle his or her own genitals in view of others; or
(4) Fondle the genitals of another person, or permit another person to fondle his or her genitals.
(b) (1) No employee of an adult cabaret shall, while such employee is in a state of semi-nudity, knowingly or intentionally, initiate any physical contact with a customer of such adult cabaret, or permit a customer of such adult cabaret to have any physical contact with such employee.
(2) No customer of an adult cabaret shall knowingly or intentionally initiate any physical contact with an employee of an adult cabaret while such employee is in a state of semi-nudity, or permit an employee of an adult cabaret, while such employee is in a state of semi-nudity, to have any physical contact with such customer.
(3) This subsection (b) shall not prohibit an employee or a customer from taking such action as is necessary to repel physical contact, nor shall it prohibit an employee or customer from initiating or permitting such contact as is necessary to protect the health or safety of any person.
(Ord. 1018. Passed 5-8-00.)
705.03 EMPLOYEES.
(a) Any employee appearing on the premises of an adult cabaret in a state of semi- nudity must be on a stage that is:
(1) At least twenty-four inches above floor level; and
(2) Removed at least six feet from the nearest other employee and/or customer.
(b) No person shall be an employee at an adult cabaret:
(1) Who is not at least eighteen years of age;
(2) Who, within the past three years, has been convicted of a felony; or
(3) Who, within the past three years, has been convicted of prostitution, procuring, pandering obscenity, a violation of this section or any other crime of a sexual nature.
(Ord. 1018. Passed 5-8-00.)
705.04 MINORS PROHIBITED.
No person under the age of eighteen years shall be permitted on the premises of an adult cabaret. To ensure that there is no violation of this subsection, there shall at all times during the hours that such adult cabaret is open for business be stationed at each entrance to the adult cabaret an employee who shall require of each person seeking admittance two identification documents. At least one of the identification documents must be either a current driver’s license or a State- issued identification card, and, in either case, must contain the full name, birth date and photograph of the holder.
(Ord. 1018. Passed 5-8-00.)
705.05 MANAGEMENT RESPONSIBILITIES.
No person who operates an adult cabaret shall intentionally, knowingly or recklessly violate or permit a violation of any of the provisions of this section. As used herein, a person shall be deemed to operate an adult cabaret if such person manages, controls or holds primary responsibility for the operation of such adult cabaret.
(Ord. 1018. Passed 5-8-00.)
705.06 LOCATION RESTRICTIONS.
Adult cabarets shall be not less than 500 feet from any school, church, another adult cabaret, or other establishment which holds a liquor permit from the Ohio Department of Liquor Control.
(Ord. 1022. Passed 6-26-00.)
705.99 PENALTY.
Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree.
(Ord. 1018. Passed 5-8-00.)
(Ord. 1018. Passed 5-8-00.)
709.01 DEFINITIONS.
For the purposes of this chapter, the following words are defined and shall have the meaning ascribed to them as hereafter set forth unless the context clearly requires a different meaning:
(a) “Amusement device” means any juke box, pool table, machine, device or instrument which, upon the insertion of a coin, token, slug or card, operates or may be operated for use as a game, a contest or test of skill or other amusement of any description. “Amusement device” does not include vending machines.
(b) “Game machine” means any amusement device which, upon the insertion of a coin, token, slug or card, operates or may be operated for use as a game or a contest or test of skill.
(c) “Amusement arcade” means any place of business at which six or more game machines are located for the use or entertainment of persons patronizing the place of business.
(d) “Owner” means any individual, corporation or other entity owning title to any amusement device.
(e) “Exhibitor” means any individual, corporation or other entity conducting business at a place of business at which any amusement device is located for the use or entertainment of persons patronizing the place of business.
(f) “Operator” means any individual, corporation or other entity conducting a business at a place of business which is an amusement arcade.
(g) “Good moral character” means not having been convicted of a crime involving moral turpitude within five years next preceding the date of the application.
(Ord. 572. Passed 10-9-78.)
709.02 LICENSE REQUIRED.
No owner shall locate, cause to be located or permit to be located any amusement device owned by such owner at any place of business for the use or entertainment of persons patronizing the place of business unless such amusement device is then the subject of a valid amusement device license, and no exhibitor shall locate, cause to be located or permit to be located any amusement device at such exhibitor’s place of business unless such amusement device is then the subject of a valid amusement device license.
(Ord. 572. Passed 10-9-78.)
709.03 APPLICATION FOR LICENSE.
The Mayor is authorized to accept for filing in the office of the Mayor applications for the issuance of amusement device licenses. Each application for an amusement device license shall be upon a form prescribed by the Mayor and shall set forth the name and address of the owner, the name and address of the exhibitor, the address of the place of business at which the amusement device to be licensed is to be located, the calendar year for which the amusement device license is sought, a description of the amusement device to be licensed, including the name, make, model and any other identifying information, and such other information as the Mayor reasonably requires. There shall be filed with each application for an amusement device license the affidavit of the owner as to its good moral character and the truth of the matters set forth in the application for the amusement device license, and the affidavit of the exhibitor as to its good moral character and the truth of the matters set forth in the application for the amusement device license. The Mayor is authorized to prescribe and accept applications for the issuance of more than one amusement device license on one application form.
(Ord. 572. Passed 10-9-78.)
709.04 ARCADE LICENSE REQUIRED.
(a) No individual, corporation or other entity shall be the operator of an amusement arcade at any place of business unless such operator holds a valid amusement arcade license for the place of business at which such amusement arcade is operated.
(b) No amusement arcade license is required at any place of business at which one to five game machines are located. An A1 amusement arcade license is required at any place of business at which six to ten game machines are located. An A2 amusement arcade license is required at any place of business at which more than ten game machines are located.
(Ord. 572. Passed 10-9-78.)
709.05 APPLICATION FOR AMUSEMENT ARCADE LICENSE.
The Mayor is authorized to accept for filing in the office of the Mayor applications for the issuance of amusement arcade licenses. Each application for an amusement arcade license shall be signed by the operator in whose name the amusement arcade license is to be issued. The application for an amusement arcade license shall be upon a form prescribed by the Mayor and shall set forth the name and address of the operator, the address of the place of business which is to be the licensed amusement arcade, the period for which the amusement arcade license is sought, the amusement device license numbers of all game machines to be located at the amusement arcade and such other information as the Mayor reasonably requires. There shall be filed with each application for an amusement arcade license the affidavit of the operator as to its good moral character and the truth of the matters set forth in the application for the amusement arcade license.
(Ord. 572. Passed 10-9-78.)
709.06 VALIDITY, AMENDMENT AND EXPIRATION OF AMUSEMENT ARCADE LICENSE.
Each amusement arcade license shall be valid for only so long as the licensed amusement arcade is operated by the operator listed on such license, the licensed amusement arcade is operated at the place of business listed on such license and only those game machines, the amusement device license numbers for which are listed on such amusement arcade license, are located at the licensed amusement arcade. Any amusement arcade license may be amended to reflect a change of the game machines to be located at the licensed amusement arcade. Each amusement arcade license shall be issued for the calendar year listed thereon or remaining part of such year and shall expire at 11:59 p.m. on December 31 of the year for which it is issued.
(Ord. 572. Passed 10-9-78.)
709.07 DISPLAY OF AMUSEMENT ARCADE LICENSE.
Each amusement arcade license shall be prominently displayed at the place of business listed thereon in view of the patrons of the license amusement arcade.
(Ord. 572. Passed 10-9-78.)
709.08 FEES.
(a) The fee for an amusement device license for each calendar year shall be twenty dollars ($20.00) per amusement device.
(b) The fee for an A1 amusement arcade license (6-10 game machines) for each calendar year shall be one hundred twenty dollars ($120.00). Such fee shall be in addition to fees for amusement device licenses for amusement devices located at the licensed amusement arcade.
(c) The fee for an A2 amusement arcade license (more than 10 game machines) for each calendar year shall be one thousand dollars ($1,000). Such fee shall be in addition to fees for amusement devices located at the licensed amusement arcade.
(Ord. 572. Passed 10-9-78.)
709.09 FALSE AFFIDAVIT.
Any person who swears falsely in any affidavit required to be filed under the provisions of this chapter shall be guilty of a fourth degree misdemeanor.
(Ord. 572. Passed 10-9-78.)
709.10 EXEMPTIONS FROM FEE.
No license fee shall be charged for amusement devices exhibited or amusement arcades operated solely for the benefit of a charitable, benevolent, or religious institution.
(Ord. 572. Passed 10-9-78.)
709.99 PENALTY.
Whoever violates any provision of this chapter shall be guilty of a fourth degree misdemeanor.
(Ord. 572. Passed 10-9-78.)
713.01 DEFINITIONS.
(a) "Peddler" means any person who travels door to door either by foot, automobile, truck, or any other type of conveyances and calls upon private residences, including any house, apartment or other dwelling within the Village, taking or attempting to take orders for profit for the sale of goods, wares, and merchandise or personal property of any nature whatsoever for immediate or future delivery or for services to be furnished or performed immediately or in the future.
(b) "Solicitor" means any person who seeks to obtain funds for any cause whatsoever by traveling door to door either by foot, automobile, truck or any type of conveyance and calling upon private residences including any house, apartment or other dwelling within the Village.
(c) "Canvasser" means any person who obtains or influences the opinions of the residents of the Village by traveling door to door either by foot, automobile, truck or other type of conveyance and calling upon private residences including any house, apartment or other dwelling in the Village, but does not seek to obtain funds for any causes whatsoever.
(d) "Organization Solicitor or Peddler" means a company may employ or sponsor more than one solicitor or peddler. Each individual must have a background check and obtain a permit. If one of the individual representatives has their permit revoked for violations of these rules the other representative will keep their permits. If more than one of the representatives has their permit revoked, the Chief of Police has the right to refuse issuance of a permit for the Organization for the year. (Ord. 1769-23. Passed 5-22-23.)
713.02 SALES ON PUBLIC PROPERTY PROHIBITED.
No person shall on any public street, alley, drive, lane, thoroughfare, right-of-way, court, highway, boulevard or on the sidewalks thereof, solicit the sale of any merchandise, wares, goods, foods, periodicals or other articles of value for present or future delivery.
713.03 SALES ON PRIVATE PROPERTY.
(a) License or Registration Required. No peddler or solicitor shall peddle or solicit within the Village, unless he or she is the holder of a valid license issued pursuant to this chapter.
(b) Application; Fee; License; Registration.
(1) Any person seeking a license in conformity with this chapter shall obtain an application for same from the Chief of Police and shall submit the completed application, FBI/BCI background check, along with appropriate fee, to such office, on a form supplied by the Chief which shall contain the following information:
A. Full name of the applicant;
B. Date of birth of the applicant;
C. Local address, if any;
D. Permanent home address;
E. A physical description of the applicant, setting forth age, height, weight, color of hair and eyes, and sex.
F. Social Security number
G. A description of the nature of business and the goods, wares, merchandise, property and/or services to be sold;
H. Telephone number of applicant;
I. Name and address of organization the peddler or solicitor represents;
J. Whether the applicant has ever been convicted of a crime an, if so, where and the nature of the offense and the punishment or penalty imposed thereof, if any;
L. Such other information as the Chief may require in order to protect the public health, safety and/or general welfare.
(2) All license applications shall be referred to the Chief who shall, within five (5) days after receipt of the completed application, issue a license unless it is found that:
A. The applicant has provided false, misleading or deceptive information in their application; and/or
B. The applicant or any solicitor or peddler names on the license application has been convicted of a felony violation or misdemeanor violation involving weapons, theft, moral turpitude or violence within the past five (5) years.
All licenses issued under this chapter shall be valid for not more than one hundred eighty 180 days at a permit fee of seventy-five dollars ( $75.00). A separate license shall be required for each individual solicitor or peddler even though there may only be a single employer.
(3) Once issued, a license may be used only in conformity with the laws of the Village and the State of Ohio; may not be assigned or transferred; must be carried by the licensee at all times; and may be revoked or suspended by the Chief of police for any of the following causes:
A. The licensee or person preparing the application on behalf of the licensee provided false, misleading or deceptive information in the license application;
B. The licensee is convicted of a felony or of a misdemeanor involving fraud or moral turpitude; or
C. The licensee violates any provision of this chapter or peddles or solicits in an unlawful manner;
D. Upon written or verbal complaint being filed with the Police Department or observation by a Village of South Amherst police officer, that the licensee has made themselves obnoxious to the public by the use of indecent, profane or insulting language or has made or perpetrated any misstatement, deception or fraud in connection with any solicitation or sale, and if said complaint is found to be true, the license of such solicitor or peddler shall be revoked.
(c) Individuals or corporations soliciting or peddling on behalf of an educational, religious, civic or charitable organization shall not be required to pay license fees.
(d) Restrictions; Hours; Conduct. Every person to whom a license to peddle or solicit is issued and every canvasser shall be governed by the following rules and regulations:
(1) No person subject to the provisions of this chapter shall peddle, solicit or canvass except between the hours of 9:00 a.m. and 7:00 p.m.
(2) No peddler, solicitor shall engage in any peddling or solicitation other than that specified in the licensee application.
(3) No peddler, solicitor or canvasser shall by any device make unlawful noises, enter or attempt to enter or remain at residence, house, apartment or other dwelling in the Village without an express invitation from an adult occupant of the residence, house, apartment or other dwelling.
(e) Resident Prohibition by Notice. Notwithstanding any other provision of this chapter, no peddler, solicitor or canvasser, while peddling, soliciting or canvassing, shall call upon, knock at the door or ring the door bell of any residence, house, apartment or other dwelling in the Village upon which there is posted at the entrance a notice which reads "No Peddlers, Solicitors or Canvassers Allowed," or words of similar import, which clearly prohibit peddlers, solicitors and canvassers on the premises, unless such peddler, solicitor or canvasser has previously been invited upon the premises by the owner, lessee or an adult occupant thereof.
(Ord. 1769-23. Passed 5-22-23.)
713.04 ORGANIZATIONAL LIABILITY.
The organization sponsoring or employing individuals violating any of the provisions of Chapter 713 may be prosecuted and held liable for the criminal penalties contained herein.
713.05 DISPLAY OF LICENSE CARD.
Any peddler or solicitor shall, at all times while soliciting or peddling, display said license or registration card on the outside of their person in such a manner so as to be clearly visible to residents. Upon request by any resident, police officer or Village official, a solicitor, or peddler shall present said license or registration card for further inspection.
713.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a minor misdemeanor and, in addition, may have his license revoked by the Mayor or the Chief of Police.
717.01 DEFINITIONS.
As used in this chapter:
(a) “Rummage sale” means a transaction or a series of transactions by which the title or possession, both, of more than five items of tangible personal property, consisting of miscellaneous articles of household goods, furniture, furnishings and personal effects, both used and new, are or are to be transferred for a consideration in any manner, whether absolutely or conditionally, whether for a price or rental, in money or be exchanged, and by any means whatsoever.
(b) “Person” includes any natural person, firm, corporation, partnership and combination of individuals in any form.
(Ord. 1520-16. Passed 8-8-16.)
717.02 PERMIT REQUIRED; POSTING; NUMBER OF DAYS: NUMBER OF SALES LIMITED.
(a) No person shall conduct or cause to be conducted a rummage sale in any building, room or place in the Village, including but not limited to garage(s) and/or yard(s), without first making written application for a permit upon a form provided by the staff therefor, paying the fee provided, and obtaining a permit. The number of days shall not exceed four (4) consecutive days.
(b) The permit shall be posted in a conspicuous place upon the premises upon which the rummage sale is being conducted during the time of the rummage sale.
(c) The Village staff may change the dates authorized for a sale, for good cause.
(Ord. 1756-23. Passed 1-9-23.)
(d) If any sale items remain displayed for longer than four (4) days, it will constitute a nuisance in violation of Section 521.10 of the Codified Ordinances of the Village of South Amherst. Display to be removed from site of sale, not just covered up.
(Ord. 1764-23. Passed 3-27-23.)
717.03 FEE.
The fee for a rummage sale permit shall be twenty dollars ($20.00) for an annual permit which shall be paid at the time of submission of the application.
(a) There is no permit fee for the Annual Village Wide Rummage Sale.
(Ord. 1764-23. Passed 3-27-23.)
717.04 EXEMPTIONS.
(a) A charitable, religious or fraternal organization, or corporation not for profit, shall be required to comply with the provisions of this chapter, except that it shall not be required to pay the fee and follow the guidelines in Section 717.02.
(Ord. 1756-23. Passed 1-9-23.)
(b) The provisions of this chapter shall not apply to regularly established business establishments in the Village where the merchandise described in Section 717.01 is sold or exchanged in the ordinary course of business.
(Ord. 929. Passed 6-23-97.)
717.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be fined not more than one hundred fifty dollars ($150.00). Each day that a rummage sale is held in violation of this chapter shall constitute a separate offense.
(Ord. 1439-13. Passed 5-21-13.)
721.01 DEFINITIONS.
(a) "Affiliate" means any person that directly or indirectly owns or controls the provider, any person that a provider directly or indirectly owns or controls, or any person under common ownership or control with a provider.
(b) "Cable operator" means any person or group of persons who has executed a franchise agreement and:
(1) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or
(2) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(c) "Cable Service" means:
(1) The one-way transmission to subscribers of:
A. Video programming; or
B. Other programming service; and
(2) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.
(d) "Cable System" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right-of-way; (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of 42 U.S.C. § 541 (c)) to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services; (iv) an open video system that complies with 42 U.S.C. § 573; (v) any facilities of any electric utility used solely for operating its electric utility system, or (vi) the facilities of a competitive video service provider under Chapter 721.
(e) "Village" means the Village of South Amherst, Ohio.
(f) "Competitive video service" means video program provided by a competitive video service provider and provided through wireline facilities located at least in part in the public rights-of-way without regard to delivering technology, including internet, protocol technology. This definition does not include video programming provided by a commercial mobile service provider defined in 47 U.S.C. § 332(d).
(g) "Competitive video service agreement" means the agreement executed by the Village and a competitive video service provider pursuant to this chapter.
(h) "Competitive video service provider" means an entity providing video services that has not executed a franchise agreement with the Village as of the effective date of this chapter and is not a cable operator, or an affiliate, successor, or assignee of such cable operator.
(i) "Council" means the elected Village Council for the Village.
(j) "Franchise" means an initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to section 47 USC § 546), issued by the franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement, or otherwise, which authorizes the construction or operation of a cable system by a cable operator in the Village.
(k) "Franchise agreement" means the agreement executed by the franchising authority and a cable operator pursuant to this chapter.
(l) "Franchising authority" means the Village of South Amherst, Ohio.
(m) "Gross revenues" means all consideration of any kind or nature, including without limitation, cash, credits, property, and in-kind contributions (services or goods) received by the provider from the provision of service within the franchise area.
(1) Included items: Subject to subparagraph (m)(2), the term"gross revenues" shall include the following:
A. All charges and fees paid by subscribers for the provision of service, including fees attributable to service when sold individually or as part of a package or bundle, or functionally integrated, with services other than the service;
B. All revenue derived from the provider's service pursuant to compensation arrangements for advertising attributable to the local service area; and
(2) For the purposes of this section, the term"gross revenues" shall not include the following:
A. Any revenue not actually received, even if billed, such as bad debt net of any recoveries of bad debt;
B. Refunds, rebates, credits or discounts to subscribers or a municipality to the extent not already offset by subparagraph (d)(i) and to the extent such refund, rebate, credit, or discount is attributable to the service;
C. Any revenues received by the provider or its affiliates from the provision of services or capabilities other than the service, including telecommunications services, information services, and services, capabilities, and applications that may be sold as part of a package or bundle, or functionally integrated, with the service;
D. Any revenues received by the provider or its affiliates for the provision of directory or Internet advertising, including yellow pages, white pages, banner advertisement, and electronic publishing;
E. Any requirements or charges for managing the public rights-of-way with respect to a franchise or competitive video agreement under this section, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties, or liquidated damages;
F. Any amounts attributable to the provision of service to customers at no charge, including the provision or such service to the public institutions without charge;
G. Any tax, fee, or assessment of general applicability imposed on the customer or the transaction by a federal, state, or local government or any other governmental entity, collected by the provider, and required to be remitted to the taxing entity, including sales and use taxes and utility user taxes;
H. Any forgone revenue from the provision of service at no charge to any person, except that any forgone revenue exchanged for trades, barters, services, or other items of value shall be included in gross revenue;
I. Sales of capital assets or surplus equipment;
J. Reimbursement by programmers of marketing costs actually incurred by the provider operator for the introduction of new programming; and
K. The sale of services for resale to the extent the purchaser certifies in writing that it will resell the service and pay a provider fee with respect hereto.
(n) "Person" means an individual, partnership, association, joint stock company, trust, corporation or governmental entity.
(o) "Provider" means either a cable operator or a competitive video service provider.
(p) "Service" means either a cable service or competitive video service.
(Ord. 1264. Passed 6-11-07.)
721.02 GRANT OF AUTHORITY.
(a) In accordance with Chapter 929 and upon executing a franchise agreement, a cable operator is authorized to occupy or use the public right-of-ways within the geographical boundaries of the Village to construct, operate, maintain, repair, and upgrade existing facilities and install new facilities for the purpose of providing cable service for the citizens of the Village. The cable operator may enter private property only as permitted by the owner of such private property for the purpose of constructing, operating, maintaining, repairing, and upgrading facilities.
(b) In accordance with Chapter 929 and upon executing a competitive video service agreement, a competitive video service provider is authorized to occupy or use the public right of ways within the geographical boundaries of the Village to construct, operate, maintain, repair, and upgrade existing facilities and install new facilities for the purpose of providing competitive video service within the geographical boundaries of the Village. Additionally, the competitive video service provider may enter private property only as permitted by the owner of such private property for the purpose of constructing, operating, maintaining, repairing, and upgrading facilities.
(c) A provider must comply with state and federal law, if applicable, and agree in its respective franchise agreement or competitive video service agreement to comply with the requirements set forth in this chapter.
(Ord. 1264. Passed 6-11-07.)
721.03 LEVEL PLAYING FIELD.
Any incumbent cable operator providing cable service in the Village on the effective date of this chapter may immediately opt out of its existing franchise agreement with the Village and enter into a franchise agreement pursuant to this chapter.
(Ord. 1264. Passed 6-11-07.)
721.04 FEES FOR OPERATION OF CABLE SERVICE AND COMPETITIVE VIDEO SERVICE.
(a) As compensation for rights granted under Chapter 721, cable operators shall pay to the Village a franchise fee of five percent (5%) of the cable operator's gross revenues.
(b) As compensation for rights granted under Chapter 721, competitive video service providers shall pay to the Village a fee of five percent (5%) of the competitive video service provider's gross revenues.
(c) Consistent with Ohio R.C. 4939.05(B)(4), any fees paid by a cable operator or competitive video service provider under this chapter will be credited, offset, or deducted from any public way fee assessed in Chapter 929 of the Village.
(d) The Village shall have the right to audit and to recompute any amounts determined to be payable in satisfaction of the fees set forth in this section. Any additional amount due the Village as a result of the audit shall be paid by provider within thirty (30) days after the provider receives a written notice from the Village. The notice which the Village sends to provider shall include a copy of the audit report. Provider shall pay the cost of the audit if the Village determines that the annual payment to the Village for the preceding year is thereby increased by more than five percent (5%).
(e) In the event that payment of any fee set forth in this Section, which has been recomputed pursuant to subsection (d) above is not made on or before the expiration of thirty (30) days following written notice by the Village, the provider shall be charged and shall pay, in addition to the amount due, interest on the amount due equal to the prevailing prime rate plus two hundred (200) basis points of interest compounded daily from the due date for payment of the recomputed amount. The prevailing prime rate shall be the prime rate of National City Bank in Cleveland, Ohio.
(Ord. 1264. Passed 6-11-07.)
721.05 RIGHT-OF-WAY PROVISIONS.
Cable operators operating Cable Systems and competitive video service providers providing competitive video service in the Village shall abide by all right of way provisions as set forth in this chapter and in Chapter 929.
(Ord. 1264. Passed 6-11-07.)
(Ord. 1264. Passed 6-11-07.)
721.06 PERMITS TO OPERATE SYSTEMS IN THE VILLAGE.
(a) No person shall offer to subscribers a cable service or competitive video service within the Village except pursuant to this chapter. A cable operator, however, not electing under Section 721.03
to enter into a franchise agreement under Chapter 721
, may continue to provide cable service under its existing agreement.
(b) All franchise agreements and competitive video service agreements granted by ordinance pursuant to this chapter shall be nonexclusive. Council reserves the right to issue as many permits as it deems advisable in the public interest.
(c) The franchise agreements or competitive video service agreements shall take effect and will be in force from and after the earliest period allowed by law, and upon the filing by the provider with the Village Administrator of its acceptance, in writing, of each and all of the terms and provisions of the franchise agreement or competitive video service agreement; provided, however, if the provider shall fail to file such written acceptance within thirty (30) days after the passage of the ordinance by Council, then the ordinance granting the franchise agreement or competitive video agreement shall be null and void.
(d) If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, or in conflict with rules and regulations of the Federal Communications Commission, then such portion shall be deemed a separate, distinct and independent provision of this chapter, and such holding shall not effect the validity of the remaining portions thereof.
(e) Any franchise agreements or competitive video service agreements executed pursuant to this chapter may be revoked, after a full due process hearing, by a simple majority vote of Council upon the recommendation of the Village Administrator, for violation of material provisions of this chapter, after giving the provider ninety (90) days notice in writing of intention to revoke such permit, unless such violation is corrected during the period of notice, or unless the provider has made a reasonable attempt to correct the violation during that time.
(f) The term of each franchise agreement and competitive video service agreement shall be determined by Council, the effective date to be pursuant to subsection (c) above.
(g) All renewals shall be in accordance with federal law, if applicable.
(Ord. 1264. Passed 6-11-07.)
721.07 SERVICE RATES TO SUBSCRIBERS.
(a) Providers may set their own service rates and conditions of service.
(b) An up-to-date copy of all the provider's rates, rules, regulations and policies having to do with subscriber service must be made available to customer, or on the provider's web site, and provided to the Village Administrator upon request.
(Ord. 1264. Passed 6-11-07.)
721.08 SCOPE.
(a) This is an enabling chapter authorizing the use of the Village's right-of-way for the provision of cable service and competitive video service in the Village, but it does not take the place of any license or permit that may be additionally required by law of the provider, either currently or at some later date.
(b) It shall be the responsibility of the provider to obtain any and all such licenses or permits necessary to the operation and conduct of its business activities.
(c) Failure of the provider to obtain and conform to the material provisions of any and all such franchises, licenses, or permits, and to make prescribed payments if required as a condition of their issuance, shall be considered a violation of this chapter, and subject the provider to the penalties set forth in Section 721.99.
(Ord. 1264. Passed 6-11-07.)
721.09 PUBLIC AND COMMUNITY BENEFITS.
(a) A provider shall designate a sufficient amount of capacity on its network to allow the provision of a comparable number of public, educational, and governmental (PEG) channels or hours of programming, at the Village's discretion, that have been activated and provided as of the effective date of this chapter, provided such programming is submitted in a manner and form that is capable of being accepted and transmitted by the provider and compatible with the provider's technology.
(b) Any programming made available under this section shall be solely for noncommercial governmental and educational purposes and the content shall be the sole responsibility of the Village.
(c) Providers shall cooperate with the Village to develop an appropriate notification over the cable service or competitive video service in the event of a public safety emergency.
(Ord. 1264. Passed 6-11-07.)
721.10 SERVICE TO SCHOOLS AND PUBLIC BUILDINGS.
(a) Providers offering service in the Village collectively must offer one free installation and free monthly basic service to one outlet at each public and parochial school, Village government building, fire station, police station, and library building that is passed by providers systems. Each such provider shall have the responsibility to offer a free installation and free monthly basic service to a share of such schools, governmental, or library buildings. Each such provider's share shall be proportionate to the total number of such providers, unless other negotiated compensation has been provided to the Village.
(b) Such providers shall meet as necessary and determine who will provide service to which school or public building under subsection (a) hereof. If providers are unable to reach agreement as to who will provide free service to which school, governmental, or library building, the Village Administrator will confer with the providers and determine the assignments in a reasonable manner. This obligation will apply to a new provider of service once that provider's service is available on the section of its system that passes the school or public building assigned to that provider. Until such time, the incumbent provider of service to that location will provide service to such school or public building.
(Ord. 1264. Passed 6-11-07.)
721.11 INDEMNIFICATION.
The provider shall indemnify and save harmless the Village and all contractors, officers, employees and representatives thereof from all claims, demands, causes of action, copyright action, liability, judgments, costs and expenses or losses for injury or death to persons or damage to property owned by, and Worker's Compensation claims against any parties indemnified herein, arising out of, caused by, or as a result of the provider's construction, lines, cable, erection, maintenance, use or presence of, or removal of any poles, wires, conduit, appurtenances thereto, or equipment or attachments thereto. The provider, however, shall not indemnify (1) the Village for any liabilities, damages, cost and expense resulting from the willful misconduct or negligence of the Village, its officers, employees and agents or (2) third parties for any activity or function conducted in connection with any access channel or any emergency messages under Section 721.09(c).
(Ord. 1264. Passed 6-11-07.)
721.12 INSURANCE AND BONDING.
Providers shall comply with all the insurance and bonding requirements of Chapter 907.
(Ord. 1264. Passed 6-11-07.)
721.13 ASSIGNMENT.
A provider may not assign or transfer its franchise agreement or competitive video service agreement or any interest therein, without the prior consent of Village, which consent shall not be unreasonably withheld; except that the provider may assign or transfer its agreement or any interest therein to its affiliate upon written notice and without prior consent of the Village.
(Ord. 1264. Passed 6-11-07.)
721.14 EQUIPMENT INSTALLATION.
All installations of equipment shall be of a permanent nature and durable, installed in accordance with accepted good engineering practices; sufficient to comply with all existing State of Ohio and Village of South Amherst rules, regulations and ordinances, so as not to interfere in any manner with the right of the public or individual property owners; and shall not interfere with the travel and use of public places; and during construction, repair and removal thereof, shall not unnecessarily or unreasonably interfere with the use or enjoyment of public or private property adjacent thereto.
(Ord 1264. Passed 6-11-07.)
(Ord 1264. Passed 6-11-07.)
721.15 ADOPTION OF FCC CUSTOMER SERVICE STANDARDS.
(a) The Village hereby adopts the Customer Service Standards-enacted by the Federal Communications Commission on March 11, 1993, through FCC Order 93-15, MM Docket No. 92-263, Appendix B, as may from time to time be amended, and incorporated herein by reference. Said standards shall be in addition to any customer service regulations in the current franchise agreement. In the event of any conflict between the FCC standards and any customer service regulations contained in the current franchise agreement, the more stringent standard or regulation shall govern.
(b) Adoption of these minimum Customer Service Standards shall not preclude the Village from adopting additional reasonable customer service regulations or consumer protection laws which the Village may determine to be necessary to ensure that the citizens of the Village who subscribe to cable television are appropriately protected in their relationship with the Village's cable television franchise holder.
(Ord. 1264. Passed 6-11-07.)
721.16 VIDEO SERVICE PROVIDER FEE.
(a) Following notice of a video service provider’s (hereinafter “VSP”) intent to offer service in the Village pursuant to Ohio R.C. 1332.27 and as compensation for the benefits and privileges granted under the State of Ohio video service authorization and in consideration of permission to use the Village’s streets and rights-of-way, the VSP shall pay to the Village a video service provider fee in the amount of five percent (5%) of the VSP’s gross revenues, additionally including advertising revenues, as defined by Ohio R.C. 1332.32. Notice of this video service provider fee shall be served upon the VSP by the Village Law Director, or duly appointed designee, within ten days of the Village receiving notice of the VSP’s intent to offer service in the municipal corporation.
(b) The Village, at its sole expense, may conduct an annual audit for the purpose of verifying the accuracy of a VSP’s calculation of the video service provider fees paid to the municipal corporation in the audit period. For the purpose of the audit, the VSP shall make available for inspection, at the location where such records are kept in the normal course of business, those records pertaining to gross revenues, including advertising revenues.
(c) A VSP shall pay any amounts found to have been underpaid in the audit within thirty days after notice and shall include interest on the underpayments as provided in Ohio R.C. 1343.03, unless the VSP brings an action pursuant to Ohio R.C. 1332.33(D).
(d) Except as otherwise provided by law, no acceptance of any payment by the Village shall be construed as a release or as an accord and satisfaction of any claim the Village may have for further or additional sums payable as a video service provider fee or from the performance of any other obligation of the VSP.
(e) Video service provider fee payments shall be made no sooner than forty-five nor later than sixty days after the end of each calendar quarter.
(f) The Village represents that it is its intention to be able to charge up to the maximum amount of video service provider fees allowed by law which is presently set at five percent (5%) pursuant to Ohio R.C. 1332.32(C)(1)(b).
(g) A VSP shall meet all of the customer service standards contained in Ohio R.C. 1332.26.
(h) VSPs currently providing PEG channel(s) pursuant to a franchise, competitive video service agreement, ordinance, or resolution shall continue to provide the PEG channel(s) and support pursuant to Ohio R.C. 1332.30.
(Ord. 1271. Passed 10-22-07.)
721.99 PENALTY.
(a) In addition to the provisions of Section 721.06(e), having to do with revocation of permits, whoever violates any provision of this chapter shall be deemed guilty of a misdemeanor of the fourth degree; any such violation shall constitute a separate offense of each successive day continued.
(b) Any violation of the Customer Service Standards adopted in Section 721.15 shall be punishable by a civil penalty of two hundred dollars ($200.00), enforceable through the Oberlin Municipal Court. There shall be a penalty of two hundred dollars ($200.00) for each day that a violation of any regulation occurs or continues.
(Ord. 1264. Passed 6-11-07.)
725.01 PERMIT REQUIRED.
(a) Any person, organization, or business entity who owns or operates a skill game business, adult oriented arcade, internet café, or sweepstakes business or who desires to operate such a business shall apply annually for a permit with the Village of South Amherst.
(b) Permits may be obtained from the Mayor’s office.
(c) The permit application shall be completed in its entirety. Failure by the applicant to complete the entire application shall cause the Mayor to deny the permit.
(d) Each applicant shall include with the application a certification from the State of Ohio or an authorized testing agency which indicates that the specific games which will be operated by the applicant are legal to operate in the State of Ohio and are not slot machines or other games of chance.
(e) Each applicant shall be required to list all skill based amusement game machines and/or computers, internet café machines and/or computers, sweepstakes machines and/or computers, and adult oriented arcade machines and/or computers being operated or to be operated by the applicant, such list to include the following items of information:
(1) The make, model and serial number of any skill based game machines and/or computers, internet café machines and/or computers, sweepstakes machines and/or computers, and adult oriented arcade machines and/or computers.
(2) The hardware and/or circuit board switch settings for each machine and/or computer operated or to operate as a skill based, sweepstakes, internet café, and/or adult oriented arcade machine or computer.
(3) The software settings of each such machine and/or computer.
(4) In addition to the above items, the applicant shall provide with the permit application a copy of each manual for any such machine and/or computer used or to be used as a skill based game machine and/or computer, internet café machine and/or computer, sweepstakes machine and/or computer, and adult oriented arcade machine and/or computer.
(f) Each permit applicant shall designate a natural person or persons responsible for the applicant’s compliance with the provisions contained in Chapter 725 of the Codified Ordinances and Ohio R.C. Chapter 2915.
(g) Any permit holder under this chapter and section shall be required to give written notice to the Mayor of this Village within five days of any change in any of the information required in subsection (e) above. Failure of any permit holder to give the written notice required by this paragraph shall cause the Mayor to revoke a permit issued under this chapter and section.
(h) Applicants must apply for permits issued under this section no later than November 1st prior to the year in which the applicant desires to operate any of the devises, computers or machines enumerated in subsection (e) above.
(i) Permits, unless revoked, shall be valid for one year and shall be effective from January 1st through December 31st of the calendar year following the applicant’s application. The initial year a permit is granted, unless revoked, the permit shall be valid from the date granted until December 31st of the year.
(j) The following permit fees are required of each applicant and must accompany the application for each permit:
(1) A general permit fee of two thousand five hundred ($2,500.00) p/year.
(2) An application and processing fee of thirty-five dollars ($35.00) p/month p/skill game machine and/or computer, internet café machine and/or computer, sweepstakes machine and/or computer, and each adult oriented arcade machine and/or computer.
(k) The decision to grant, deny or revoke a permit issued under this section shall be in the sole discretion of the Mayor.
(l) Each permit holder is subject to inspection by the Mayor and/or Police Chief, or their designee, during normal business hours to ensure the permit holder’s compliance with the provisions of this Chapter 725, and Chapter 2915 of the Ohio Revised Code. Failure of the permit holder to allow the Office of the Mayor inspection during normal business hours shall result in immediate revocation of the permit holder’s permit.
(m) Violation and/or conviction of any provision of this Chapter 725 or Ohio Revised Code Chapter 2915 shall cause the Mayor to immediately revoke a permit holder’s permit. Appeals from any permit revocation shall be conducted in accordance with Chapter 725. Under no circumstances, including permit revocation is a permit holder entitled to reimbursement for permit fees, application fees, and processing fees, and such fees are not refundable, and are not pro-rated to the date of revocation or closure of a permit holder’s business.
(n) Criminal penalties for any violation of the provisions of this section are governed by Section 725.99.
(o) Permit holders shall comply with all applicable building and zoning code provisions.
(Ord. 1366-11. Passed 3-14-11.)
(Ord. 1366-11. Passed 3-14-11.)
725.02 APPEALS.
(a) Any person disagreeing with the decision of the Mayor shall be entitled to appeal that decision to Council. Appeals shall be in writing, served upon the Clerk/Treasurer no later than 15 days from receipt of notice of revocation.
(b) Council shall hold a hearing on the appeal at its next regularly scheduled meeting. The appellant shall be permitted to present evidence and argument. Council shall then vote on the granting or denying of the permit. The Mayor’s decision may only be reversed by a vote of two- thirds (2/3) of Council.
(Ord. 1366-11. Passed 3-14-11.)
725.03 SERVICE UPON PERMIT HOLDERS.
All notices to permit holders as required by this chapter shall be served by certified mail to the last known address, by regular mail the permit premises, and posted on the permit premises. Such notice shall be presumed served five business days after mailing of the notices and posting on the permit premises.
(Ord. 1366-11. Passed 3-14-11.)
(Ord. 1366-11. Passed 3-14-11.)
725.99 PENALTY.
Violation of any section of this chapter shall be a first degree misdemeanor. Each and every day which the business remains opened without a permit shall be a separate offense.
(Ord. 1366-11. Passed 3-14-11.)
CODIFIED ORDINANCES OF SOUTH AMHERST