HomeMy WebLinkAbout67-99 OrdinanceRECORD OF ORDINANCES
Ordinance No ....................b7.-9.~.............................. Passed .................................................................., .....Y~......
AN ORDINANCE ESTABLISHING LICENSING REQUIREMENTS
FOR SEXUALLY ORIENTED BUSINESS ESTABLISHMENTS
WHEREAS, Council has reviewed studies from across the country, articles, and memoranda
concerning the impacts, or "secondary effects," of sexually oriented businesses and the sale,
distribution and display of sexually oriented materials on the areas in which such activities
are located or take place; and
WHEREAS, sexually oriented businesses require regulation in order to protect and preserve
the health, safety, and welfare of the patrons of such businesses as well as the citizens of the
areas in which they locate; and
WHEREAS, Council believes sexually oriented businesses are frequently used for unlawful
sexual activities and can promote certain adverse secondary impacts, such as prostitution,
rape, and transmission of sexually transmitted diseases, among other unlawful activities; and
WHEREAS, Council believes that sexually oriented businesses, because of their inherent
nature, have a deleterious impact upon the existing businesses around them and the
surrounding residential areas adjacent to them, causing increased crime and decreased
property values; and
WHEREAS, Council believes that sexually oriented businesses, because of their inherent
nature, when located in proximity to each other, have a serious negative impact on the quality
of life in the surrounding area; and
WHEREAS, Council desires to prevent these adverse effects and protect the citizens of the
City from increased crime, preserve the current quality of life in the City, and preserve
property values and the character of surrounding neighborhoods; and
WHEREAS, licensing is a legitimate means of ensuring that operators of sexually oriented
businesses comply with reasonable regulations; and
WHEREAS, the regulations established pursuant to this Ordinance are in no way
based on the content of any protected speech associated with sexually oriented business
activities, and the purpose and intent of the regulations established pursuant to this Ordinance
is not to restrict or prohibit protected speech associated with sexually oriented business
activities, but rather it is to address, mitigate, and, if possible, eliminate the adverse impacts
and secondary effects of sexually oriented business activities on the areas in which such
activities are located or take place and to ensure that these activities are established,
managed, and operated in a safe and legal manner at all times;
NOW, TIIEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, ~~L of the elected members concurring that:
Section 1. Definitions.
For the purposes of this Ordinance, the following terms, phrases, and words shall have the
meanings given to them herein.
a. Adult Booth. Any area of a Sexually Oriented Business Establishment set off from
the remainder of such Establishment by one or more walls or other dividers or partitions and
used to show, play, or otherwise demonstrate any Adult Materials or to view any live
performance that is distinguished or characterized by an emphasis on the exposure, depiction,
or description of Specified Anatomical Areas or the conduct or simulation of Specified
Sexual Activities.
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b. Adult Material. Any of the following, whether new or used:
1. Books, magazines, periodicals, or other printed matter, or digitally-
stored materials that are distinguished or characterized by an emphasis on the
exposure, depiction, or description of Specified Anatomical Areas or the
conduct or simulation of Specified Sexual Activities.
2. Films, motion pictures, video or audio cassettes, slides, computer
displays, or other visual representations or recordings of any kind that are
distinguished or characterized by an emphasis on the exposure, depiction, or
description of Specified Anatomical Areas or the conduct or simulation of
Specified Sexual Activities.
3. Instruments, novelties, devices, or paraphernalia that are designed for
use in connection with Specified Sexual Activities, or that depict or describe
Specified Anatomical Areas.
c. City Zoning Ordinances. The part of the Dublin City Code of Ordinances
known and referred to as the Dublin Zoning Code of Ordinances, as it may be
amended from time to time.
d. Commercial Establishment. Any place where admission, services,
performances, or products are provided for or upon payment of any form of
consideration.
e. Days. Calendar days, unless otherwise specifically set forth in this
Ordinance.
f. Licensed Premises. The place or location described in the Sexually Oriented
Business Establishment License where a Sexually Oriented Business Establishment
is authorized to operate. No sidewalks, streets, parking areas, public rights-of-way,
or grounds adjacent to any such place or location shall be included within the
Licensed Premises.
g. Licensee. Any person or entity that has been issued a Sexually Oriented
Business License pursuant to the provisions of this Ordinance.
h. Nude or State of Nudity. A state of dress or undress that exposes to view (i)
less than completely and opaquely covered human genitals; pubic region; anus; or
female breast below a point immediately above the top of the areolae, but not
including any portion of the cleavage of the female breast exhibited by a dress,
blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is
not exposed; or (ii) human male genitals in a discernibly turgid state, even if
completely and opaquely covered, or any device or covering that, when worn,
simulates human male genitals in a discernibly turgid state.
i. Reviewing Departments. The City Manager, Police Department, Planning
Department, and Law Director's Office.
j. Semi-Nude. A state of dress or undress in which clothing covers no more
than the human genitals, pubic region, anus, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices or by other minor
accessory apparel such as hats, gloves, and socks.
k. Sexually Oriented Business Commissioner. The City Manager, or his
designee, shall be the Sexually Oriented Business Use Commissioner.
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1. Sexually Oriented Business Establishment. Any of the following Commercial
Establishments, as defined herein:
1. Adult Cabaret. Any Commercial Establishment that as a substantial
or significant portion of its business features or provides any of the following:
a. Persons who appear Nude or Semi-nude.
b. Live performances that are distinguished or characterized by
an emphasis on the exposure, depiction, or description of Specified
Anatomical Areas or the conduct or simulation of Specified Sexual
Activities.
c. Films, motion pictures, video or audio cassettes, slides,
computer displays, or other visual representations or recordings of
any kind that are distinguished or characterized by an emphasis on the
exposure, depiction, or description of Specified Anatomical Areas, or
the conduct or simulation of Specified Sexual Activities.
2. Adult Store. Any Commercial Establishment (a) that contains one or
more Adult Booths; (b) that as a substantial or significant portion of its
business offers for sale, rental, or viewing any Adult Materials, or (c) that has
a segment or section devoted to the sale or display of Adult Materials.
3. Adult Theater. Any Commercial Establishment that as a substantial
or significant portion of its business features or provides films, motion
pictures, video or audio cassettes, slides, or other visual representations or
recordings of any kind that are distinguished or characterized by an emphasis
on the exposure, depiction, or description of Specified Anatomical Areas, or
the conduct or simulation of Specified Sexual Activities.
m. Sexually Oriented Business Establishment Employee. Any individual,
including entertainers, who work in or at, or render any services directly related to
the operation of, an Adult Entertainment Establishment; provided, however, that this
definition shall not include persons delivering goods, materials (other than Adult
Materials), food and beverages, or performing maintenance or repairs, to the
Licensed Premises.
n. Sexually Oriented Business Establishment License. A license issued for a
Sexually Oriented Business Establishment pursuant to the provisions of this
Ordinance.
o. Sexually Oriented Business Establishment Patron. Any individual, other than
a Sexually Oriented Business Establishment Employee, present in or at any Sexually
Oriented Business Establishment at any time when such Sexually Oriented Business
Establishment is open for business; provided, however, that this definition shall not
include persons delivering goods, materials (other than Adult Materials), food and
beverages, or performing maintenance or repairs, to the Licensed Premises.
p. Specified Anatomical Areas. Any of the following:
1. Less than completely and opaquely covered human genitals; pubic
region; buttocks; anus; or female breast below a point immediately above the
top of the areolae, but not including any portion of the cleavage of the female
breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other
wearing apparel, provided the areolae is not exposed.
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2. Human male genitals in a discernibly turgid state, even if completely
and opaquely covered, or any device or covering that, when worn, simulates
human male genitals in a discernibly turgid state.
q. Specified Criminal Act. Any unlawful, lewd, indecent, or immoral criminal
conduct.
r. Specified Sexual Activities. Any of the following:
1. Fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts.
2. Sex acts, actual or simulated, including intercourse, oral copulation,
or sodomy.
3. Masturbation, actual or simulated.
4. Human genitals in a state of sexual stimulation, arousal, or
tumescence.
5. Excretory functions as part of or in connection with any of the
activities set forth in Paragraphs 1-4 of this definition.
s. Straddle Dance. The use by any person, including specifically but without
limitation, a Sexually Oriented Business Establishment Employee, of any part of his
or her body to touch the genitals, pubic region, buttock, anus or female breast of any
Sexually Oriented Business Establishment Patron or any other person, or the
touching of the genitals, pubic region, buttock, anus, or female breast of any person
by any Sexually Oriented Business Establishment Patron. Conduct shall be a
"Straddle Dance" regardless of whether the "touch" or "touching" occurs while the
person is displaying or exposing any Specified Anatomical Area. Conduct shall also
be a "Straddle Dance" regardless of whether the "touch" or "touching" is direct or
through a medium. Conduct commonly referred to by the slang terms "lap dance,"
"table dance," and "face dance" shall be included within this definition of Straddle
Dance.
Section 2. Sexually Oriented Business Use Commissioner.
The City Manager, or his designee, is designated the Sexually Oriented Business Use
Commissioner. The Sexually Oriented Business Use Commissioner shall have the
following powers and duties:
a. To administer and rule upon the applications for, and the issuance, renewal,
suspension, and revocation of Sexually Oriented Business Licenses as set forth in this
Ordinance.
b. To conduct or provide for such inspection of Sexually Oriented Businesses
as shall be necessary to determine and ensure compliance with the provisions of this
Ordinance and other applicable provisions of law.
c. To periodically review the provisions of this Ordinance and the conduct and
operation of Sexually Oriented Business establishments, and to make such related
reports and recommendations to the City Council as the Sexually Oriented Business
Use Commissioner shall deem necessary.
d. To conduct such hearings, studies, and reports on Sexually Oriented
Businesses as the Sexually Oriented Business Use Commissioner shall deem
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necessary, and to conduct such hearings on the revocation or suspension of a
Sexually Oriented Business License as required pursuant to this Ordinance.
e. To take such further actions as the Sexually Oriented Business Use
Commissioner deems necessary to carry out the purpose and intent of this Ordinance
and to exercise such additional powers in furtherance thereof as are implied by the
powers and duties expressly set forth in this Ordinance.
Section 3. Sexually Oriented Business Licenses Generally.
a. Sexually Oriented Business License Required. A Sexually Oriented Business
License shall be required to establish, operate, or maintain a Sexually Oriented
Business within the City.
b. Operation Without License Prohibited. It shall be unlawful for any person not
having a current and valid Sexually Oriented Business License to establish, operate,
or maintain a Sexually Oriented Business within the City at any time after the
effective date of this Ordinance.
c. Operation in Violation of License Prohibited. It shall be unlawful for any
Licensee to establish, operate, or maintain a Sexually Oriented Business within the
City except in the manner authorized by, and in compliance with, the provisions of
this Ordinance and the Licensee's Sexually Oriented Business License.
d. Content and Display of License. Every Sexually Oriented Business License
shall be provided by the City and shall, at a minimum, prominently display on its face
the name of the Licensee, the expiration date, and the address of the Sexually
Oriented Business. Every Licensee shall display the License at all times in plain
view in a conspicuous place on the Licensed Premises so that it can be easily seen
and read at any time by any person entering the Licensed Premises.
e. License Term. Sexually Oriented Business Licenses shall be operative and
valid, unless first terminated, suspended, or revoked, for a term of one year
commencing on the date of issuance and may be renewed only be making an
application. Application for renewal should be made at least forty-five days before
the expiration date.
Section 4. Form and Submittal of License Application.
a. Required Form. An application for a Sexually Oriented Business License, or
the renewal thereof, shall be made in writing to the Sexually Oriented Business Use
Commissioner on a form prescribed by the Sexually Oriented Business Use
Commissioner and shall be signed by (1) the applicant, if the applicant is an
individual; (2) at least one of the persons entitled to share in the profits of the
organization and having unlimited personal liability for the obligations of the
organization and the right to bind all other such persons, if the applicant is a
partnership (general or limited), joint venture, or any other type of organization; or
(3) by a duly authorized agent, if the applicant is a corporation. Each application
shall specifically identify the applicant and the Licensed Premises for which a
Sexually Oriented Business License is sought. Each initial or renewal application
shall be accompanied by ten identical copies.
b. Administrative Processin Fee. Every applicant for a Sexually Oriented
Business License shall pay an Administrative Processing Fee in the amount of one
hundred dollars ($100). The Administrative Processing Fee shall in all cases be non-
refundable.
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c. Required Information and Documents. Each application shall include the
following information and documents:
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1. Names of An lip 'cants.
a. Individuals. The applicant's legal name, all of the applicant's
aliases, the applicant's business address and social security number,
written proof of the applicant's age, the citizenship and place of birth
of the applicant and, if a naturalized citizen, the time and place of the
applicant's naturalization.
b. Corporations. The applicant corporation's complete name and
official business address; the legal name, all aliases, and the ages,
business addresses, and social security numbers of all the directors,
officers, and managers of the corporation and of every person owning
or controlling more than 50 percent of the voting shares of the
corporation; the corporation's date and place of incorporation and the
objects for which it was formed; proof that the corporation is a
corporation in good standing and authorized to conduct business in
the State of Ohio; and the name of the registered corporate agent and
the address of the registered office for service of process.
c. Partnerships General or limited), joint ventures or any other
type of organization where two or more persons share in the profits
and liabilities of the organization. The applicant organization's
complete name and official business address; the legal name, all
aliases, and the ages, business addresses, and social security numbers
of each partner (other than limited partners) or any other person
entitled to share in the profits of the organization, whether or not any
such person is also obligated to share in the liabilities of the
organization.
2. The general character and nature of the business of the applicant.
3. The location, including street address and legal description, and
telephone number, of the premises for which the Sexually Oriented Business
License is sought.
4. The specific name of the business that is to be operated under the
Sexually Oriented Business License.
5. The identity of each fee simple owner of the Licensed Premises.
6. A diagram showing the internal and external configuration of the
Licensed Premises, including all doors, windows, entrances, exits, the fixed
structural internal features of the Licensed Premises, plus the interior rooms,
walls, partitions, stages, performance areas, and restrooms. A professionally
prepared diagram in the nature of an engineer's or architect's blueprint shall
not be required; provided, however, that each diagram shall be oriented to the
north or to some designated street or object and shall be drawn to a
designated scale or with marked dimensions to an accuracy of plus or minus
six inches and sufficient to show clear compliance with the provisions of this
Ordinance. The requirements of this Paragraph shall not apply for renewal
applications if the applicant adopts a diagram that was previously submitted
for the License sought to be renewed and if the licensee certifies that the
Licensed Premises has not been altered since the immediately preceding
issuance of the License and that the previous diagram continues to accurately
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depict the exterior and interior layouts of the Licensed Premises. The
approval or use of the diagram required pursuant to this Paragraph shall not
be deemed to be, and shall not be interpreted or construed to constitute, any
other City approval otherwise required pursuant to applicable City ordinances
and regulations.
7. The specific type or types of Sexually Oriented Business(es) that the
applicant proposes to operate in the Licensed Premises.
8. A copy of each Sexually Oriented Business License, liquor license,
and gaming license currently held by the applicant or any of the individuals
identified in the application.
9. The name of the individual or individuals who shall be the day-to-day,
on-site managers of the proposed Sexually Oriented Business.
10. Any application for a Sexually Oriented Business License that does
not include all of the information and documents required pursuant to this
section shall be deemed to be incomplete and shall not be acted on or
processed by the City. The Sexually Oriented Business Use Commissioner
shall, within five (5) days of such submittal, return the incomplete application
to the applicant along with a written explanation of the reasons why the
application is incomplete.
Section 5. Processing of License Apulication.
a. Upon the filing of an application for a Sexually Oriented Business License,
the Sexually Oriented Business Use Commissioner shall refer the application to the
appropriate City departments for investigation to be made on the information
contained in the application. The application process shall be completed within thirty
(30) days from the date of the completed application. After the investigation, the
Sexually Oriented Business Use Commissioner shall issue a license unless the
requirements set forth above are not met.
b. Appeal. An applicant may appeal any decision of the Sexually Oriented
Business Use Commissioner denying an application to the Dublin City Council. The
applicant must file the appeal with the Clerk of Council within fifteen (15) days after
service of notice upon the applicant of the Commissioner's decision. The notice of
appeal shall be accompanied by a memorandum or other writing setting out fully the
grounds for such appeal and all arguments in support thereof. The Commissioner
may submit a memorandum in response if the Commissioner so desires. After
reviewing the memoranda, as well as the Commissioner's written decision, if any, the
City Council shall vote either to uphold or overrule the Commissioner's decision.
City Council shall rule on the appeal within thirty (30) days of its filing. All parties
shall comply with the Commissioner's decision pending appeal. Judicial review may
be made pursuant to Chapter 2506 of the Ohio Revised Code.
Section 6. Standards for Issuance or Denial of License.
a. The Sexually Oriented Business Use Commissioner shall issue a Sexually
Oriented Business License to an applicant if, but only if, the Sexually Oriented
Business Use Commissioner finds and determines all of the following based on the
reports, investigations, and inspections conducted by the Sexually Oriented Business
Use Commissioner and any Reviewing Departments and on any other credible
information on which it is reasonable for the Sexually Oriented Business Use
Commissioner to rely.
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1. All information and documents required by this Ordinance for
issuance of a Sexually Oriented Business License have been properly
provided and the material statements made in the application are true and
correct.
2. No person identified in the application has been convicted of, or
pleaded polo contendere to, any criminal act within five years immediately
preceding the date of the application.
3. No person identified in the application is overdue on payment to the
City of taxes, fees, fines, or penalties assessed against or imposed on any such
individual in connection with any Sexually Oriented Business.
4. The Sexually Oriented Business and the Licensed Premises comply
with all then-applicable building, health, and safety codes and have received
all necessary zoning approvals required pursuant to the then-applicable
provisions of the Dublin Zoning Code.
5. The applicant has confirmed in writing and under oath as part of the
application that the applicant has read this Ordinance and all provisions of the
City Zoning Ordinance applicable to Sexually Oriented Businesses, that the
applicant is familiar with their terms and conditions, and that the Licensed
Premises and the proposed Sexually Oriented Business Establishment and its
proposed operation are and shall be in compliance therewith.
b. Denial. If the Sexually Oriented Business Use Commissioner determines that
the applicant has not met any one or more of the conditions set forth herein, then the
Sexually Oriented Business Use Commissioner shall deny issuance of the Sexually
Oriented Business License and shall give the applicant a written notification and
explanation of such denial.
c. License Deemed Issued. If the Sexually Oriented Business Use
Commissioner does not issue or deny the Sexually Oriented Business License within
thirty (30) days after the properly completed application is submitted, then the
Sexually Oriented Business License applied for shall be deemed to have been issued.
Section 7. Inspection by the City.
a. Authority. The Sexually Oriented Business Use Commissioner and other City
representatives and departments with jurisdiction shall periodically inspect all
Sexually Oriented Businesses as shall be necessary to determine compliance with the
provisions of this Ordinance and all other applicable law.
b. Licensee Cooperation. A Licensee shall permit representatives of the City to
inspect the Licensed Premises and the Sexually Oriented Business Establishment for
the purpose of determining compliance with the provisions of this Ordinance and all
other applicable law at any time during which the Licensed Premises is occupied or
the Sexually Oriented Business Establishment is open for business.
c. Interference or Refusal Illegal. It shall be unlawful for the Licensee, any
Sexually Oriented Business employee, or any other person to prohibit, interfere with,
or refuse to allow, any lawful inspection conducted by the City pursuant to this
Ordinance or any other authority.
d. Suspension or Revocation. Any such prohibition, interference, or refusal
shall be grounds for suspension or revocation of the Sexually Oriented Business
License.
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Section 8. Change in Information.
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During the pendency of any application for, or during the term of, any Sexually
Oriented Business License, the Applicant or Licensee shall promptly notify the
Sexually Oriented Business Use Commissioner in writing of any change in any
material information given by the Applicant or Licensee in the application for such
License, including specifically, but without limitation, any change in managers of the
Sexually Oriented Business Establishment or in the individuals identified in the
application pursuant to this Ordinance; or if any of the events constituting grounds
for suspension or revocation pursuant to this Ordinance occur.
Section 9. Regulations Applicable to All Sexually Oriented Businesses.
a. General ComRliance. All Licensed Premises and Sexually Oriented Business
Establishments shall comply with the provisions of this Ordinance, and with the
provisions of all other applicable City ordinances, resolutions, rules, and regulations
and all other applicable federal, state, and local laws.
b. Hours of Operation.
1. No Sexually Oriented Business Establishment shall be open for
business at any time on any state of Ohio or federal holiday.
2. No Sexually Oriented Business Establishment shall be open for
business between the hours of 12:00 a.m. and 11:00 a.m. on any day.
c. Animals. No animals, except seeing eye dogs required to assist the blind,
shall be permitted at any time at or in any Sexually Oriented Business Establishment
or Licensed Premises.
d. Restrooms. All restrooms in Sexually Oriented Business Establishments shall
be equipped with standard toilets, sinks, and other traditional lavatory facilities. No
Adult Materials or live performances shall be provided or allowed at any time in the
restrooms of a Sexually Oriented Business Establishment. Separate male and female
restrooms shall be provided for and used by Sexually Oriented Business
Establishment employees and patrons.
e. Restricted Access. No Sexually Oriented Business Establishment patron shall
be permitted at any time to enter into any of the non-public portions of any Sexually
Oriented Business Establishment, including specifically, but without limitation, any
storage areas or dressing or other rooms provided for the benefit of Sexually Oriented
Business Employees. This subsection shall not apply to persons delivering goods and
materials, food and. beverages, or performing maintenance or repairs to the Licensed
Premises. These persons shall remain in the non-public areas only for the purposes
and to the extent and time necessary to perform their job duties.
f. Specific Prohibited Acts.
1. No Sexually Oriented Business Employee or any other person at any
Sexually Oriented Business Establishment, other than a Sexually Oriented
Business Employee employed to provide adult entertainment in accordance
with the regulations in this Ordinance shall appear, be present, or perform
while Nude or Semi-Nude; further, no such Employee shall appear, be
present, or perform while Nude at any Sexually Oriented Business
Establishment that serves or otherwise provides alcoholic liquor pursuant to
a license issued by the State of Ohio.
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2. No Sexually Oriented Business Employee or any other person at any
Sexually Oriented Business Establishment shall perform or conduct any
Specified Sexual Activity with or for any Sexually Oriented Business Patron
or any other person at any Sexually Oriented Business Establishment, or any
other Sexually Oriented Business Employee, or any other person. No
Sexually Oriented Business Establishment Patron or any other person at any
Sexually Oriented Business Establishment shall perform or conduct any
Specified Sexual Activity with or for any Sexually Oriented Business
Establishment employee or patron or any other person.
3. Straddle dances shall be prohibited at all Sexually Oriented Business
Establishments.
g. Exterior Display. No Sexually Oriented Business Establishment shall be
maintained or operated in any manner that causes, creates, or allows public viewing
of any Adult Material, or any entertainment depicting, describing, or relating to
Specified Sexual Activities or Specified Anatomical Areas, from any sidewalk,
public or private right-of-way, or any property other than the lot on which the
Licensed Premises is located. No portion of the exterior of a Sexually Oriented
Business Establishment shall utilize or contain any flashing lights, search lights, or
spotlights, or any other similar lighting systems, or any words, lettering, photographs,
silhouettes, drawings, or pictorial representations of any manner except to the extent
specifically allowed pursuant to this Ordinance with regard to signs. This Subsection
shall apply to any advertisement, display, promotional material, decoration, or sign;
to any performance or show; and to any window, door, or other opening.
h. Noise. No loudspeakers or sound equipment audible beyond the Licensed
Premises shall be used at any time.
i. Gambling and Related Devices Prohibited. No Sexually Oriented Business
Establishment shall contain any video, pinball, slot, bagatelle, pigeon-hold, pool, or
any other games, machines, tables, or implements.
j. Manager's Station. Each Sexually Oriented Business Establishment shall
have one or more manager's stations. The interior of each Sexually Oriented
Business Establishment shall be configured in such a manner that there is a direct and
substantially unobstructed view from at least one manager's station to every part of
each area, except restrooms, of the Establishment to which any Sexually Oriented
Business Establishment Patron is permitted access for any purpose.
k. Alcohol Prohibition. No Sexually Oriented Business Establishment that
serves or otherwise provides alcoholic liquor pursuant to a Liquor License shall
provide or allow Sexually Oriented Business Establishment Employees that appear,
are present, or perform while Nude.
Section 10. Special Regulations for Adult Booths.
a. Prohibited Except in Adult Stores. Adult Booths shall be prohibited in all
Sexually Oriented Business Establishments except Adult Stores.
b. Occupancy and Prohibited Acts. Only one individual shall occupy an Adult
Booth at any one time. No individual occupying an Adult Booth shall engage in any
Specified Sexual Activities. No individual shall damage or deface any portion of an
Adult Booth.
Open Booth Requirement. In addition to satisfying the manager station
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requirements of this Ordinance, all Adult Stores containing Adult Booths shall be
physically arranged in such a manner that the entire interior portion of each Adult
Booth shall be visible from the common area of the Adult Store. To satisfy this
requirement, there shall be a permanently open and unobstructed entranceway for
each Adult Booth and for the entranceway from the area of the Adult Store that
provides other Adult Materials to the area of the Adult Store containing the Adult
Booths. Each of these entranceways shall not be capable of being closed or
obstructed, entirely or partially, by any door, curtain, partition, drapes, or any other
obstruction whatsoever that would be capable of wholly or partially obscuring the
area of the Adult Store containing the Adult Booths or any person situated in an
Adult Booth. It shall be unlawful to install Adult Booths within a Sexually Oriented
Business Establishment for the purpose of providing secluded viewing of Adult
Materials or live performances.
d. Aisle Required. There shall be one continuous lighted main aisle alongside
the Adult Booths provided in any Adult Store. Each person situated in a Booth shall
be visible at all times from the aisle.
e. Holes Prohibited. Except for the open booth entranceway, the walls and
partitions of each Adult Booth shall be constructed and maintained of solid walls or
partitions without any holes or openings whatsoever.
f. Signage. A sign shall be posted in a conspicuous place at or near the
entranceway to each Adult Booth that states (i) that only one person is allowed in an
Adult Booth at any one time, (ii) that it is unlawful to engage in any Specified Sexual
Activities while in an Adult Booth, and (iii) that it is unlawful to damage or deface
any portion of an Adult Booth.
g. Age Limitations.
1. No Sexually Oriented Business Establishment Employee or Sexually
Oriented Business Establishment Patron at an Adult Booth or a Licensed
Premises that includes an Adult Booth shall be under the age of 18.
2. No person under the age of 18 shall be admitted to any Adult Booth
or any Licensed Premises that includes an Adult Booth.
3. No person under the age of 18 shall be allowed or permitted to remain
at any Adult Booth or at any Licensed Premises that includes an Adult Booth.
4. No person under the age of 18 shall be allowed or permitted to
purchase or receive, whether for consideration or not, any Adult Material or
other goods or services at or from any Adult Booth or any Licensed Premises
that includes an Adult Booth.
Section 11. Suecial Regulations for Adult Cabarets.
a. Performance Area. The performance area of an Adult Cabaret shall be
limited to one or more stages or platforms permanently anchored to the floor (a
"Cabaret Stage"). Each Cabaret Stage shall be elevated above the level of, and
separate from, the patron seating areas. Each Cabaret Stage shall be separated by a
distance of at least 18 inches from all areas of the premises to which Sexually
Oriented Business Establishment Patrons have access. A continuous barrier at least
two feet in height and located at least 18 inches from all points of each Cabaret Stage
shall separate each Cabaret Stage from all patron seating areas. No Adult Patron
shall be allowed at any time on any Cabaret Stage.
RECORD OF ORDINANCES
Ordinance No .......................67.-99...............
Passed .....Page..12 ....................................., .......................
;rr..
b. Lighting. Sufficient lighting shall be provided and equally distributed
throughout the public areas of the Adult Cabaret so that all objects are plainly visible
at all times. A minimum lighting level of not less than 301ux horizontal, measured
at 30 inches from the floor and on 10-foot centers shall be maintained at all times for
all areas of the Adult Cabaret where Sexually Oriented Business Establishment
Patrons are admitted.
c. Tipping. No Sexually Oriented Business Establishment Patron shall offer,
and no Sexually Oriented Business Establishment Employee having performed on
any Cabaret Stage shall accept any form of tip or gratuity offered directly or
personally to the Employee by the Sexually Oriented Business Establishment Patron.
Rather, all tips and gratuities to Sexually Oriented Business Establishment
Employees performing on any Cabaret Stage shall be placed into a receptacle
provided for receipt of such tips and gratuities by the Sexually Oriented Business
Establishment or shall be placed by the Sexually Oriented Business Establishment
Patron on the Cabaret Stage on which the Sexually Oriented Business Establishment
Employee is performing.
d. Notice of Select Rules. A sign at least two feet by two feet, with letters of at
least one inch high shall be conspicuously displayed on or adjacent to every Cabaret
Stage stating the following:
THIS ADULT CABARET IS REGULATED BY THE CITY OF DUBLIN.
ENTERTAINERS ARE:
1. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL
CONDUCT.
2. NOT PERMITTED TO ACCEPT ANY TIPS DIRECTLY OR
PERSONALLY FROM PATRONS. ANY SUCH TIPS MUST BE PLACED
INTO THE RECEPTACLE PROVIDED BY MANAGEMENT OR MUST
BE PLACED DIRECTLY ON THE CABARET STAGE.
For Adult Cabarets with a Liquor License, the following third rule shall also
be included in the sign required by this Subsection:
3. NOT PERMITTED TO APPEAR IN A STATE OF NUDITY.
e. Age Limitations.
1. No Sexually Oriented Business Establishment Employee or Sexually
Oriented Business Establishment Patron at an Adult Cabaret or a Licensed
Premises used for an Adult Cabaret shall be under the age of 21.
2. No person under the age of 21 shall be admitted to any Adult Cabaret
or to any Licensed Premises used for an Adult Cabaret.
3. No person under the age of 21 shall be allowed or permitted to remain
at any Adult Cabaret or any Licensed Premises used for an Adult Cabaret.
4. No person under the age of 21 shall be allowed or permitted to
purchase or receive, whether for consideration or not, any Adult Material or
other goods or services at or from any Adult Cabaret or any Licensed
Premises used for an Adult Cabaret.
Section 12. Special Regulation for Adult Stores.
RECORD OF ORDINANCES
+....
Ordinance No .......................67-99............................ Passed .....Page..13....................................., .......................
VF^R
a. Windows. Window areas for Adult Stores shall not be covered or obstructed
in any way.
b. Abe Limitations.
1. No Sexually Oriented Business Establishment Employee or Sexually
Oriented Business Establishment Patron at an Adult Store or a Licensed
Premises used for an Adult Store shall be under the age of 18.
2. No person under the age of 18 shall be admitted to any Adult Store or
to any Licensed Premises used for an Adult Store.
3. No person under the age of 18 shall be allowed or permitted to remain
at any Adult Store or any Licensed Premises used for an Adult Store.
4. No person under the age of 18 shall be allowed or permitted to
purchase or receive, whether for consideration or not, any Adult Material or
other goods or services at or from any Adult Store or any Licensed Premises
used for an Adult Store.
Section 13. Special Regulations for Adult Theaters.
a. Se tiny. Each Adult Theater shall provide seating only in individual chairs
with arms or in seats separated from each other by immovable arms and not on
couches, benches, or any other multiple person seating structures. The number of
seats shall equal the maximum number of persons who may occupy the Adult
Theater.
b. Aisle. Each Adult Theater shall have a continuous main aisle alongside the
seating area in order that each person seated in the Adult Theater shall be visible
from the aisle at all times.
c. Sign. Each Adult Theater shall have a sign posted in a conspicuous place at
or near each entranceway to the auditorium or similar area that lists the maximum
number of persons who may occupy the auditorium area, which number shall not
exceed the number of seats in the auditorium area.
d. Age Limitations.
1. No Sexually Oriented Business Establishment Employee or Sexually
Oriented Business Establishment Patron at an Adult Theater or a Licensed
Premises used for an Adult Theater shall be under the age of 18.
2. No person under the age of 18 shall be admitted to any Adult Theater
or to any Licensed Premises used for an Adult Theater.
3. No person. under the age of 18 shall be allowed or permitted to remain
at any Adult Theater or any Licensed Premises used for an Adult Theater.
4. No person under the age of 18 shall be allowed or permitted to
purchase or receive, whether for consideration or not, any Adult Material or
other goods or services at or from any Adult Theater or any Licensed
Premises used for an Adult Theater.
Section 14. Licensee Responsibility for Employees.
Every act or omission by a Sexually Oriented Business Establishment Employee
RECORD OF ORDINANCES
Ordinance No .......................67-99............................ Passed .....Page..1.4....................................., .......................
constituting a violation of the provisions of this Ordinance shall be deemed to be the
act or omission of the Licensee if such act or omission occurs either with the
authorization, knowledge, or approval of the Licensee, or as a result of the Licensee's
negligent failure to supervise the Sexually Oriented Business Establishment
Employee. The Licensee shall be punished for any such act or omission in the same
manner as if the Licensee committed the act or caused the omission. Accordingly,
any such act or omission of any such Employee constituting a violation of the
provisions of this Ordinance shall be deemed, for purposes of determining whether
the Licensee's Sexually Oriented Business Establishment License shall be revoked,
suspended, or renewed, to be the act or omission of the Licensee.
Section 15. License Revocation or Suspension.
a. Grounds. Pursuant to the procedures set forth in this Section, the Sexually
Oriented Business Use Commissioner may suspend for not more than 30 days, or
revoke, any Sexually Oriented Business Establishment License if the Commissioner,
based on credible and reasonably reliable information and evidence, determines that
any one or more of the following has occurred:
1. The Licensee has violated any of the provisions or requirements of
this Ordinance or the Sexually Oriented Business Establishment License
issued pursuant hereto, or the provisions of the City Zoning Code applicable
to the Licensed Premises or the Sexually Oriented Business Establishment.
2. The Licensee (i) knowingly or negligently furnished false or
misleading information or withheld information on any application or other
document submitted to the City for the issuance or renewal of any Sexually
Oriented Business Establishment License or (ii) knowingly or negligently
caused or suffered any other person to furnish or withhold any such
information on the Licensee's behalf.
3. The Licensee has committed a felony or Specified Criminal Act on
the Licensed Premises.
4. The Licensee authorizes, approves, or, as a result of the Licensee's
negligent failure to supervise the Licensed Premises or the Sexually Oriented
Business Establishment, allows a Sexually Oriented Business Establishment
Employee, a Sexuaily Oriented Business Establishment Patron, or any other
person to (i) violate any of the provisions or requirements of this Ordinance
or of the provisions or requirements of the Sexually Oriented Business
Establishment License issued pursuant hereto, or (ii) commit any felony or
Specified Criminal Act on the Licensed Premises.
5. The Licensee, or any person identified in this Ordinance becomes
disqualified for the issuance of a Sexually Oriented Business Establishment
License at any time during the term of the License at issue.
b. Procedure. A Sexually Oriented Business Establishment License may be
suspended for not more than 30 days or revoked pursuant to the terms and conditions
set forth in this Subsection.
1. Notice. Upon determining that one or more of the grounds for
suspension or revocation under Subsection 1 of this Section may exist, the
Sexually Oriented Business Use Commissioner shall serve a written notice
on the Licensee in person or by certified U.S. mail, postage prepaid, return
receipt requested, addressed to the Licensee's address as set forth in the
RECORD OF ORDINANCES
~...
Ordinance No .......................67.-99............................ Passed .....Page..15....................................., ......__-.._.......
Licensee's application. The written notice shall, at a minimum, (i) state that
the Sexually Oriented Business Use Commissioner has determined that the
Sexually Oriented Business Establishment License may be subject to
suspension or revocation pursuant to this Ordinance; (ii) identify the specific
grounds for the Commissioner's determination; and (iii) set a date for a
hearing regarding the Commissioner's determination as to the possibility of
suspension or revocation of the Sexually Oriented Business Establishment
License. The date of the hearing shall be no less than five days after service
of the Commissioner's notice, unless an earlier or later date is agreed to by the
Licensee and the Sexually Oriented Business Use Commissioner.
2. Hearin. The hearing shall be conducted by the Sexually Oriented
Business Use Commissioner. At the hearing, the Licensee may present and
submit evidence and witnesses to refute the grounds cited by the Sexually
Oriented Business Use Commissioner for suspending or revoking the License
and the City and any other persons may submit evidence and witnesses to
refute the grounds cited by the Commissioner for suspending or revoking the
License and the City and any other persons may submit evidence to sustain
such grounds. The administrative record compiled on the Sexually Oriented
Business Establishment pursuant to this Ordinance shall be made part of the
hearing record. Within three days after the close of the hearing, the Sexually
Oriented Business Use Commissioner shall, having considered the record
made at the hearing, render a decision in writing, setting forth the reasons for
the decision. The action taken by the Sexually Oriented Business Use
Commissioner shall be final and shall be subject to judicial review.
3. Notice and Effective Date of Suspension or Revocation. The
Sexually Oriented Business Use Commissioner's written decision shall be
served on the Licensee in person or by certified U.S. mail, postage prepaid,
return receipt requested, addressed to the Licensee's address as set forth in the
Licensee's application. Any suspension or revocation, as the case may be,
shall take effect on the day that the Sexually Oriented Business Use
Commissioner's written decision is delivered in person or three days after it
is placed in the U.S. mail as provided in this paragraph.
4. Surrender of License. Upon the suspension or revocation of a
Sexually Oriented Business Establishment License pursuant to this
Ordinance, the Sexually Oriented Business Use Commissioner shall take
custody of the suspended or revoked License.
Section 16. Administrative Record.
The Sexually Oriented Business Use Commissioner shall cause to be kept in the
Commissioner's office an accurate record of every Sexually Oriented Business
Establishment License application received and acted on, together with all relevant
information and material pertaining to such application, any Sexually Oriented
Business Establishment License issued pursuant thereto, and any Sexually Oriented
Business Establishment operated pursuant to such Sexually Oriented Business
Establishment License.
Section 17. Recordkeeping by Licensee.
The Licensee of every Sexually Oriented Business Establishment shall maintain a
register of all of its Sexually Oriented Business Establishment Employees. For each
such Employee, the register shall include the following information:
1. Legal name.
RECORD OF ORDINANCES
Ordinance No .......................67-.~9........................... Passed ......Page..~.b...................................., .......................
2. Any and all aliases.
3. Date of birth.
4. Gender.
5. Social security number.
6. Date of commencement of employment.
7. Date of employment termination, if applicable.
8. Specific job or employment duties.
The register shall be maintained for all current Employees and all Employees
employed at any time during the preceding 36 months. The Licensee shall make the
register of its Sexually Oriented Business Establishment Employees available for
inspection by the City immediately upon demand at all reasonable times.
Section 18. Penalty.
Any person who violates, neglects, refuses to comply with, or assists or participates
in any way in the violation of any of the provisions or requirements of this Ordinance
or of any of the provisions or requirements of any Sexually Oriented Business
Establishment License, shall be fined not more than $500 for each such violation.
Each day such violation continues shall constitute a separate offense. The Sexually
Oriented Business Use Commissioner shall give written notice to any such person of
any such violation and the fine imposed by serving a citation in person or by certified
U.S. mail, postage prepaid, return receipt requested, addressed to the Licensee's
address as set forth in the Licensee's application.
Section 19. Nuisance Declared.
Any Sexually Oriented Business Establishment established, operated, or maintained
in violation of any of the provisions or requirements of this Ordinance or of any
Sexually Oriented Business Establishment License shall be, and the same is, declared
to be unlawful and a public nuisance. The City may, in addition to or in lieu of any
other remedies set forth in this Ordinance, commence an action to enjoin, remove,
or abate such nuisance in the manner provided bylaw and shall take such other steps
and apply to such court or courts as may have jurisdiction to grant such relief as will
abate or remove such public nuisance, and restrain and enjoin any person from
establishing, operating, or maintaining a Sexually Oriented Business Establishment
contrary to the provisions of this Ordinance.
Section 20. Computation of Time.
Unless otherwise specifically set forth in this Ordinance, the time within which any
act required by this Ordinance is to be done shall be computed by excluding the first
day and including the last day, unless the last day is Saturday, Sunday or a Federal
or State of Ohio holiday, in which case it shall also be excluded. If the day
immediately following such Saturday, Sunday, or holiday is also a Saturday, Sunday,
or holiday, then such succeeding day shall also be excluded.
Section 21. Severability.
In the event that any provision of this Ordinance, or any part thereof, or any
application thereof to any person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by any court of competent
jurisdiction on its face or as applied, such holding shall not affect the validity or
effectiveness of any of the remaining provisions of this Ordinance, or any part
thereof, or any application thereof to any person or circumstance or of said provision
as applied to any other person or circumstance.
RECORD OF ORDINANCES
~..~
U~
s~ co.
Ordinance No ................._.....67..-Q9................_.......... Passed .....P$ge..17................._.................., ..... __._..._.......
Section 22. This Ordinance shall take effect and be in force from and after the
earliest date permitted by law.
Passed this ~~1~' day of , 1999.
Mayor - Presid' g Of icer
ATTEST:
Clerk of Council
F:\szd\DU1'EYJ\Dublin\Sexually Oriented Businesses\Ordinance.doc
355050.708
I hereby certify thot copies of this Ord~nance/Resolution were posted in the
Gty of Dublin in accordance with Section 731.25 of the Ohio tevised Coda,
_.__
f1S5~: Cle of Council, Dublin, Ohio
