§ 899-5. License Required.

(a)

It shall be unlawful for any person to operate a sexually oriented business or to conduct such services in the city of Cincinnati without a valid sexually oriented business license, issued by the city for the particular type of business, or to employ an employee as defined in Section 899-1-E who is not licensed as a sexually oriented business employee as provided by Subsection (b) of this section or who is not authorized to work or perform services pursuant to Subsection (c) of this section.

(b)

Except as provided in Subsection (c) of this section, it shall be unlawful for any person to be an employee of a sexually oriented business in the city of Cincinnati without a valid license.

(c)

An applicant, upon receipt by the city treasurer of his or her application for a sexually oriented business employee license, may work or perform services without an employee license until such time as the license is granted or the decision to deny the license becomes final pursuant to Section 899-19. Upon receipt of the applicant's completed application for an employee's license, the city treasurer shall issue the applicant a temporary work permit. The applicant shall keep the temporary work permit on his or her person or on the premises where the applicant is then working or performing services, and produce such permit for inspection upon request by a law enforcement officer or other authorized city official.

(d)

An applicant for a sexually oriented business license or a sexually oriented business employee license shall file in person at the office of the city treasurer an application made on a form prescribed and provided by the city treasurer. The applicant shall be qualified according to the provisions of this chapter. The application shall be signed under oath by the applicant and notarized. The application shall contain the information called for in Paragraphs (d)(1) through (6) as follows. An application will be deemed completed when it contains the information required in this subsection.

(1)

The full true name and any other names used in the preceding five years.

(2)

Current business addresses and telephone numbers.

(3)

If the application is for a sexually oriented business license, the name, business location, business mailing address and phone number of the proposed sexually oriented business.

(4)

Written proof of age, in the form of a birth certificate, current Ohio drivers' license with picture, or other picture identification document issued by a governmental agency.

(5)

Two (2) identical, passport-quality photographs of the applicant, approximately two (2) inches by two (2) inches in size, taken within the preceding month.

(6)

If the application is for a sexually oriented business license, the name and address of the statutory agent or other agent authorized to receive service of process. The information provided pursuant to Paragraphs (d)(1) through (6) of this subsection shall be supplemented in writing by certified mail, return receipt requested, to the city treasurer within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

(e)

The application for a sexually oriented business license shall be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who are required to comply with Section 899-25 of this chapter shall submit a diagram meeting the requirements of Section 899-25.

(f)

If a person who wishes to operate a sexually oriented business is an individual, he shall sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each officer, director, general partner or other person who will participate directly in decisions relating to management of the business shall sign the application for a license as applicant. Each applicant must be qualified under Section 899-7 and each applicant shall be considered a licensee if a license is granted.

(g)

A person who possesses a valid video center license or theater license is not exempt from the requirement of obtaining a sexually oriented business license. A person who operates a sexually oriented business and possesses a video center license or theater license shall comply with the requirements and provisions of this Chapter 899 when applicable.

(h)

The information provided by an applicant in connection with the application for a license under this chapter shall be maintained by the city treasurer on a confidential basis, except that such information may be disclosed only to other governmental agencies in connection with a law enforcement or public safety function, or as may otherwise be required by law.

(Ordained by Ord. No. 230-1996, eff. Sept. 6, 1996; a. Ord. No. 366-1997, eff. Nov. 21, 1997; a. Ord. No. 31-1998, eff. Jan. 28, 1998; a. Ord. No. 250-2002, eff. June 26, 2002)