Business Regulation Code – Village of Bellaire Ordinances

PART SEVEN – BUSINESS REGULATION CODE

Chap. 701. Advertising.
Chap. 709. Billiards, Pool, Bowling and Skating.
Chap. 715. Carnivals.
Chap. 721. Garage Sales.
Chap. 727. Hotels, Motels and Tourist Courts.
Chap. 733. Junk or Salvage Yards.
Chap. 739. Mechanical Amusement Devices.
Chap. 745. Peddlers and Itinerant Vendors.
Chap. 769. Taxicabs.
Chap. 775. Trailers and Trailer Camps.
Chap. 779. Contractors.
Chap. 785. Sexually Oriented Businesses.

CHAPTER 701
Advertising

701.01 Fraudulent advertising.
701.02 Bench advertising.
701.99 Penalty.

CROSS REFERENCES

See sectional history for similar State law
Power to regulate – see Ohio R.C. 715.65
Posting bills without consent of owner – see Ohio R.C. 2909.13; GEN. OFF. 537.07
Billboards and outdoor advertising – see P. & Z. Ch. 1153

701.01 FRAUDULENT ADVERTISING.

No person shall directly or indirectly make, publish, disseminate, circulate or place before the public in a newspaper, magazine or other publication, or in the form of a book, notice, handbill, poster, bill, circular, letter, pamphlet, sign, placard, card, label or over any radio or television station or in any other way, an advertisement of any sort regarding merchandise, securities, service, employment, real estate or anything of value offered by him for use, purchase or sale, and which advertisement or announcement contains any assertion, representations or statement which is untrue or fraudulent.
(Ord. 2398. Passed 10-19-57.)

701.02 BENCH ADVERTISING.

(a) No person shall build, place or install a bench containing advertising thereon without first obtaining a permit from the Mayor.

(b) Applications for the permit shall be made out by the Mayor, shall be signed by the applicant and shall contain the following information and any additional information determined necessary by the Mayor:

(1) The name of the applicant;
(2) A complete description of the bench and the manner in which it is to be placed and maintained;
(3) The place where the bench is to be placed and maintained; and
(4) The type or nature of the advertising to be placed thereon.

(d) The Mayor is hereby directed to issue a permit only after it has been determined that the placement or erection of the bench containing advertising thereon is not harmful to the morals, safety and health of the residents of this Municipality and does not interfere with places of business.

(e) Whenever the Mayor determines that the permittee or anyone in his employ is violating subsection (d) hereof, the Mayor, after written notice to such permittee, shall have the power to suspend the writ and, after due and proper hearing, to revoke any permit issued under the provisions of this section.
(Ord. 82. Passed 12-1-60.)

701.99 PENALTY.

(a) Whoever violates any of the provisions of this chapter for which no penalty is otherwise provided shall be guilty of a minor misdemeanor.
(b) Each day on which a violation occurs or continues shall be a separate offense.

CHAPTER 709
Billiards, Pool, Bowling and Skating

709.01 License required.
709.02 Application.
709.03 Hours.
709.99 Penalty.

CROSS REFERENCES

Power to regulate – see Ohio R.C. 715.51(A), 715.61
Minors playing – see GEN. OFF. 529.01

709.01 LICENSE REQUIRED.

No person shall open or keep open as a public resort any room or place as a billiard or pool room or bowling alley unless such person first makes application for and secures a license from the Mayor authorizing such person to open or keep open such billiard or pool room or bowling alley.
(Ord. 1752. Passed 2-18-38.)

709.02 APPLICATION.

All persons making application for a license to open or keep open any billiard or pool room or bowling alley shall pay semiannually to the Mayor a license fee of twenty dollars ($20.00) per year for the first table or alley, ten dollars ($10.00) per year for the second table or alley and five dollars ($5.00) per year for each additional table or alley.
(Ord. 1752. Passed 2-18-38.)

709.03 HOURS.

All billiard rooms, pool rooms and roller skating rinks shall be kept closed on Sundays and on weekdays between 11:00 p.m. and 4:00 a.m.

All bowling alleys shall be closed on weekdays between the hours of 3:30 a.m. and 9:00 a.m. and on Sundays between the hours of 3:30 a.m. and 12:00 noon.
(Ord. 438. Passed 9-19-68.)

709.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor.

CHAPTER 715
Carnivals

715.01 Permit required.
715.99 Penalty.

CROSS REFERENCES

Power to regulate – see Ohio R.C. 715.48, 715.63, 3765.02
Disturbing the peace – see GEN. OFF. 509.02 et seq.
Gambling – see GEN. OFF. Ch. 513
Immoral exhibition – see GEN. OFF. 521.06

715.01 PERMIT REQUIRED.

Any organization, either charitable or commercial, which wishes to have or hold a carnival within the Municipality shall comply with the following provisions:

(a) Request and obtain a permit for operation, to be presented to Council for approval no less than three months prior to the date on which the carnival shall begin.

(1) If the location where the carnival is to be held is separated from the nearest property zoned for residential use by a distance of at least 2,500 feet, Council may grant a permit for a period of operation not to exceed ten consecutive days. For the purposes of this section, no property owned by the Municipality shall be deemed to be zoned for residential use.
(2) If the location where the carnival is to be held is separated from the nearest property zoned for residential use by a distance of less than 2,500 feet, Council may grant a permit for a period of operation not to exceed seven consecutive days.

(b) Post proof of standard liability insurance in the amount of one million dollars ($1,000,000) naming the Municipality as co-insured. Such proof of insurance shall be posted with the Clerk-Treasurer and shall be purchased from an insurance company licensed to conduct business in the State of Ohio.

(c) Before a permit shall be granted, sanitary facilities as approved by the Village Administrator shall be provided by the applicant for the use of the public and employees.

(d) Security police in a number satisfactory to the Village Administrator shall be provided by the applicant.

(e) Hours shall be from 12:00 noon until 11:00 p.m., Sunday through Thursday; 12:00 noon until 12:00 midnight, Friday and Saturday.
(Ord. 91-002. Passed 2-7-91.)

715.99 PENALTY.

Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree, punishable under Chapter 501 of these Codified Ordinances.
(Ord. 91-002. Passed 2-7-91.)

CHAPTER 721
Garage Sales

721.01 Definition.
721.02 Hours.
721.03 Frequency.
721.04 Merchandise.
721.05 Advertising: signs.
721.06 Zoning Ordinance not affected.
721.07 License required.
721.99 Penalty.

CROSS REFERENCES

Peddlers and itinerant vendors – see BUS. REG. Ch. 745

721.01 DEFINITION.

“Garage sale” includes all general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by the Zoning Ordinance, for the purpose of disposing of personal property including but not limited to, all sales entitled “garage”, “lawn”, “yard”, “attic”, “porch”, “room”, “backyard”, “patio”, “flea market”, “rummage”, “basement”, “barn”, or “clothesline” sale. This definition shall not include a situation where not more than five (5) specific items are held out for sale and all advertisement of such sale specifically names those items sold.
(Ord. 2005-06. Passed 11-3-05.)

721.02 HOURS.

Garage sales shall not commence before 9:00 a.m. and must terminate by sundown.
(Ord. 2005-06. Passed 11-3-05; Ord. 2007-18. Passed 6-7-07.)

721.03 FREQUENCY.

No person shall conduct more than four (4) garage sales on his premises in any one calendar year, nor shall any sale exceed a two-day period.
(Ord. 2005-06. Passed 11-3-05.)

721.04 MERCHANDISE.

(a) Garage sales shall offer only used unwanted items of personal property owned by the following:

(1) The resident of the property where the sale is held; and
(2) Those persons who are jointing participating in the sale with the resident of the property where the sale is held.

(b) No new merchandise shall be offered for sale nor may new merchandise from sources be brought in and offered for sale. (Ord. 2005-06. Passed 11-3-05.)

721.05 ADVERTISING: SIGNS.

(a) Garage sales may be advertised through the newspaper or other media.

(b) A sign, not greater in size than three feet by three feet, may be installed on the following property:

(1) The property where the sale is being conducted; or
(2) Property owned by persons other than the person conducting the sale with the consent of such other property owners.

(d) No sign advertising a garage sale shall be placed upon publicly owned property or the public right of way under any circumstances.

(e) All signs permitted herein advertising garage sales shall contain the name and address of the person conducting the garage sale, the date of the sale and the telephone number of the person conducting the sale.

(f) No sign advertising a garage sale shall be affixed or attached in any manner to any tree or utility pole.

(g) No sign advertising a garage sale shall be displayed earlier than two (2) days prior to the sale. All signs advertising a garage sale shall be removed by 12:00 noon of the day following the garage sale. (Ord. 2005-06. Passed 11-3-05.)

721.06 ZONING ORDINANCE NOT AFFECTED.

It is not the intention of this chapter to change or amend the Zoning Ordinance of the Village. (Ord. 2005-06. Passed 11-3-05.)

721.07 LICENSE REQUIRED.

(a) No person shall conduct any sale commonly known as a garage sale without first having received a license.

(b) Upon application, properly completed and fee paid, the Mayor is authorized to issue such a license.

(d) There shall be ten dollar ($10.00) fee for the license.
(Ord. 2005-06. Passed 11-3-05.)

721.99 PENALTY.

Whoever violates or fails to comply with any provision of this chapter is guilty of a minor misdemeanor. Each day that the violation continues shall constitute a separate offense.
(Ord. 2005-06. Passed 11-3-05.)

CHAPTER 727
Hotels, Motels and Tourist Courts

727.01 Definition.
727.02 License required; fee.
727.03 Application.
727.04 License to be displayed.
727.05 Revocation of licenses.
727.06 Transferability of licenses.
727.07 Indecency prohibited.
727.08 Registration.
727.09 Reserved.
727.10 False name or relationship.
727.11 Numbering of rooms.
727.12 Liability.
727.99 Penalty.

CROSS REFERENCES

Guests to register – see Ohio R.C. 3503.31
State law regulating hotels – see Ohio R.C. Ch. 3731

727.01 DEFINITION.

For the purpose of this chapter, the word “house” means hotels, motels, tourist courts and rooming and lodging houses.
(Ord. 2013-24. Passed 12-5-13.)

727.02 LICENSE REQUIRED; FEE.

(a) No person shall conduct, keep, manage, operate or cause to be conducted, kept, managed and operated, either as owner, lessor, lessee, agent or attorney, any hotel, motel, tourist court or rooming and lodging house within the Village without first having obtained a license from the Mayor to do so. All such licenses shall be issued annually and shall expire December 31 of each year. The fee for each license shall be one hundred dollars ($100.00) and no license shall be issued for a less amount except that no license fee shall be charged for a rooming house or lodging house having not more than three rooms for rooming or lodging purposes.

(b) The Village will impose a hotel/motel occupancy tax at a rate of 6%. The revenue generated by this tax shall be placed into the general fund. The collected tax shall be paid to the Village on a monthly basis with the previous month’s collection due not later than the 15th of the month.

(c) The Village Solicitor may bring suit against the person or company required to collect the tax and has failed to pay the tax due. The Village may enjoin any person or company from operating the house within the Village until the tax is paid and report is filed. The house can be liable for reasonable attorney fees and the cost of an audit. Further a fifteen percent (15%) penalty may be assessed on the total amount of tax due. The Village may also authorize additional penalties as in Section 727.99.
(Ord. 2013-24. Passed 12-5-13.)

727.03 APPLICATION.

No license shall be issued to any person to conduct a hotel, motel, tourist court or rooming and lodging house within the Village, unless such person is of ascertained good moral character. When application for such license is made, the applicant shall present himself in person to the Mayor and at such time present to the Mayor satisfactory proof of good moral character. When application for a license is made by or on behalf of a partnership, corporation or association, such application shall be made by the manager, officer, agent or other person who will have the charge and management of such hotel, motel, tourist court, rooming house or lodging house.
(Ord. 2013-24. Passed 12-5-13.)

727.04 LICENSE TO BE DISPLAYED.

No person to whom a license is issued, as provided in this chapter, shall fail to display such license in a conspicuous manner in the office of the hotel, motel, tourist court, rooming house or lodging house to which such license relates.
(Ord. 2013-24. Passed 12-5-13.)

727.05 REVOCATION OF LICENSES.

The Mayor may revoke any license issued hereunder for violation of any provision of this chapter. Before such revocation, however, the licensee shall be notified and shall have a hearing before the Council, if demanded.
(Ord. 2013-24. Passed 12-5-13.)

727.06 TRANSFERABILITY OF LICENSES.

No license issued under the provisions of this chapter shall be transferred or assigned.
(Ord. 2013-24. Passed 12-5-13.)

727.07 INDECENCY PROHIBITED.

No person to whom a license is issued, as provided in this chapter, shall suffer or permit the hotel, motel, tourist court, rooming house or lodging house to which such license relates, to be used as a home of ill-fame, brothel, bawdy house or disorderly house, for the purpose of prostitution, fornication or lewdness, or suffer any lascivious adultery.
(Ord. 2013-24. Passed 12-5-13.)

727.08 REGISTRATION.

(a) No person to whom a license has been issued to conduct a hotel, motel, tourist court, rooming house or lodging house, or someone under his direction, shall fail to at all times keep a standard hotel register in which is inscribed the names of all guests or persons renting a room.

(b) Such registration must be made, and after the name is so inscribed or registered, the manager of the house or his agent shall write the number of the room which such guest or person is to occupy, together with the time when such room is rented, all of which shall be done before such person is permitted to occupy such room. Such register shall be at all times open to inspection by any guest of the house wherein such register is kept and to any executive or peace officer of the Village or of the State.
(Ord. 2013-24. Passed 12-5-13.)

727.09 RESERVED.

This section is reserved for future legislation.

727.10 FALSE NAME OR RELATIONSHIP.

No person shall write or cause to be written in any hotel register any other or different name or relationship than the true name or relationship of such person or the name by which such person is generally known.
(Ord. 2013-24. Passed 12-5-13.)

727.11 NUMBERING OF ROOMS.

Any person to whom a license has been issued shall cause each sleeping room and apartment in such house to which such license relates to be numbered in a plain and conspicuous manner, the number to be placed on the outside of the door to such room, and no two doors shall bear the same number.
(Ord. 2013-24. Passed 12-5-13.)

727.12 LIABILITY.

(a) Where a license has been issued to any copartnership, corporation or association to conduct a hotel, motel, tourist court, rooming house or lodging house, any person having charge, management or control of such places shall be liable to prosecution for any violation of this chapter.

(b) For the purpose of determining the liability of any person to prosecution for violation of any of the provisions of this chapter, it shall be sufficient to show that such person was, at the time of the act of violation complained of, the person in actual charge, management or control of the house in which such act is alleged to have been committed.
(Ord. 2013-24. Passed 2-5-13.)

727.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be fined not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00).
(Ord. 2013-24. Passed 2-5-13.)

CHAPTER 733
Junk or Salvage Yards

733.01 Junk or salvage yards.

733.01 JUNK OR SALVAGE YARDS.

Junk or salvage yards as that term is defined in Section 1101.04(42) of these Codified Ordinances are hereby prohibited within the Municipality.
(Ord. 1307. Passed 10-19-89.)

CHAPTER 739
Mechanical Amusement Devices

739.01 Definitions.
739.02 Permit required.
739.03 Application for permit.
739.04 Action on application.
739.05 Investigation.
739.06 Permit and investigation fee.
739.07 Disapproval of application; correcting condition.
739.08 Issuance or denial of permit.
739.09 Permit forwarded to General Administrative Clerk.
739.10 Posting permits.
739.11 Removal or transfer of permit prohibited.
739.12 Number of devices permitted.
739.13 Revocation of permit; appeal.
739.14 Requirements for machines.
739.15 Rules and regulations to be adopted.
739.16 Hours of operation.
739.17 When deemed a public nuisance.
739.18 Exceptions.
739.19 Unlawful acts.
739.99 Penalty.

CROSS REFERENCES

Exhibiting gambling devices for gain – see Ohio R.C. 2915.15
Disturbing the peace – see GEN. OFF. 509.02
Gambling – see GEN. OFF. Ch. 513

739.01 DEFINITIONS.

As used in this chapter, the following words shall have the following respective meanings:

(a) “Mechanical amusement device” means any machine or device which, upon the insertion of a coin, slug or token in any slot or receptacle attached thereto or connected therewith, may be operated for use as a game, contest or amusement or may be operated for the playing of music or may be used for any such game, contest or amusement and which does not contain a pay-off device for the return of slugs, money, coins, checks, tokens or merchandise.

(b) “Owner or operator of a mechanical amusement device” means:

(1) Any owner of such mechanical amusement device who operates or permits the same to be played or operated in his place of business or in any places under his control, or who installs or maintains the same in any place where the same can be played or operated by persons in or about such place; or
(2) The person in whose place of business any such mechanical amusement device is placed for the use, amusement, patronage or recreation of the public or persons in or about such place.

(c) “Person” means any corporation, association, syndicate, joint stock company, partnership, club, society or individual.

(d) “Street” means any street, alley, highway or road, either public or private, that is used or to be used for ingress or egress.
(Ord. 1970. Passed 3-16-46.)

739.02 PERMIT REQUIRED.

No person shall set up or operate within the Municipality any mechanical amusement device without first obtaining a permit from the Mayor.
(Ord. 1970. Passed 3-16-46.)

739.03 APPLICATION FOR PERMIT.

Application for the permit shall be made to the Mayor on forms provided by him, shall be signed by the applicant and shall contain the following information in addition to whatever additional information is deemed necessary by the Mayor:

(a) The name of the applicant;

(b) The place where the mechanical amusement device is to be placed, maintained to be operated or operated, and, if the mechanical amusement device is to be placed, maintained to be operated or operated in connection with any other business or calling, the character of such business or calling;

(c) A complete description of the type of mechanical amusement device and the manner in which it is to be placed, maintained to be operated or operated; and

(d) The number of mechanical amusement devices placed, maintained to be operated or operated then in the place where the mechanical amusement device is to be placed.
(Ord. 1970. Passed 3-16-46.)

739.04 ACTION ON APPLICATION.

The application for a permit shall be acted upon by the Mayor within reasonable time after the filing of such application.
(Ord. 1970. Passed 3-16-46.)

739.05 INVESTIGATION.

Upon receipt of the application, the Mayor shall cause to be investigated the statements set forth in the application. The Mayor shall also cause to be forwarded to the Fire Chief for investigation those applications for permits to maintain for operation mechanical amusement devices which are wired for electricity. The Fire Chief shall determine whether the rules and regulations of the Division of Fire pertaining to the electrical connections and apparatus of such mechanical amusement devices are complied with. The Fire Chief shall, after such investigation, either approve or disapprove the application and return it within a reasonable time after receipt, with his approval or disapproval endorsed thereon, to the Mayor.
(Ord. 1970. Passed 3-16-46.)

739.06 PERMIT AND INVESTIGATION FEE.

(a) The fee for the permit shall be fifty dollars ($50.00) annually for any mechanical machine or device that results in an award of any nature, including replays to the person using or playing the machine.

(b) The fee for a permit for all other mechanical machines and devices, amusement or otherwise, shall be twenty-five dollars ($25.00) annually. The application for the machines, of whatever nature, shall be made to the Mayor in whatever amount is due at the time the application is made. The permits shall be for a period of one year, renewable prior to July 1 of each year.

(1) If the application is made prior to July 1, the normal fee shall be paid.
(2) If the application is made on or after July 1, but prior to October 1, three-fourths of the normal fee shall be paid.
(3) If the application is made on or after October 1 but prior to January 1, one-half of the normal fee shall be paid.
(4) If the application is made on or subsequent to January 1 but prior to April 1, one-fourth of the normal fee shall be paid.

(c) If a machine on which a fee has been paid is for some reason removed from an establishment, the owner thereof may replace the removed machine with another one by filing an application for transfer accompanied by a transfer fee of one dollar ($1.00). The replaced machine will then take the place of the original machine and be permitted for the unexpired term. However, if the original machine is again placed in an establishment, it shall be considered a new application and the schedule of fees outlined herein will be applicable.
(Ord. 2339. Passed 11-3-56.)

739.07 DISAPPROVAL OF APPLICATION; CORRECTING CONDITION.

If an application for mechanical amusement device permit is disapproved by the Fire Chief, the Mayor shall notify the applicant of such fact. Upon receiving such notice from the Mayor, the applicant shall have the opportunity to correct such conditions as have been disapproved. This correction shall be made within ten days after the mailing of the notice, and if such conditions have been corrected to the satisfaction of the Fire Chief, the permit may be issued.
(Ord. 1970. Passed 3-16-46.)

739.08 ISSUANCE OR DENIAL OF PERMIT.

(a) If the Mayor approves the granting of a permit, he may issue a permit to the applicant, which permit shall be serially numbered. However, the Mayor may, if he determines that the applicant for the permit is not of good moral character, deny the permit and may, likewise, deny the permit if the place of business wherein the mechanical amusement device is to be operated does not bear a good reputation.

(b) The Mayor shall cause to be forwarded to the Fire Chief written notice of his granting or denial of a permit if the mechanical amusement device is wired for electricity.
(Ord. 1970. Passed 3-16-46.)

739.09 PERMIT FORWARDED TO GENERAL ADMINISTRATIVE CLERK.

When any permit is issued under the provisions of this chapter, the Mayor shall cause the permit to be forwarded to the office of the General Administrative Clerk for delivery upon the payment of the license fee.
(Ord. 1970. Passed 3-16-46.)

739.10 POSTING PERMITS.

The permit issued by the Mayor shall be permanently and conspicuously posted at the location of the machine in the premises wherein the mechanical amusement device is to be operated or maintained to be operated, along with the permit, and shall not be removed from the location during the period for which the permit was issued.
(Ord. 1970. Passed 3-16-46.)

739.11 REMOVAL OR TRANSFER OF PERMIT PROHIBITED.

Nothing in this chapter shall permit the removing or transferring of the permit to any other premises other than those for which the permit was originally issued. No permit may be transferred from one person to another.
(Ord. 1970. Passed 3-16-46.)

739.12 NUMBER OF DEVICES PERMITTED.

The Mayor shall not grant a permit for more than three mechanical amusement devices at any one location or establishment. The Mayor may not grant a permit to any location or establishment for more than two mechanical amusement devices for the playing of music or two of any other mechanical amusement devices to be used at the same location or establishment.
(Ord. 2005. Passed 4-12-47.)

739.13 REVOCATION OF PERMIT; APPEAL.

(a) Whenever the Mayor determines that a permittee or any of the permittee’s servants, agents or employees, in the use, operation or maintenance of any such mechanical amusement device, is violating or attempting to violate any law of the State or this chapter or any ordinance of the Municipality, or if, in the opinion of the Mayor, it is necessary for the protection of minors or any member of the public, the Mayor, after written notice to the permittee, has the power to suspend the permit and, after due and proper hearing, has the power to revoke any permit issued under the provisions of this chapter. When any permit is suspended or revoked, notice thereof shall be given by him to the Fire Chief and the General Administrative Clerk. Any person aggrieved at the action of the Mayor in denying or revoking a permit shall have the right to appeal to a Board consisting of the Mayor, the Fire Chief and General Administrative Clerk for reconsidering the original action of denying or revoking the permit, and the action of the Board shall be final.

(b) Such appeal must be perfected within ten days from the denial or revocation of the permit.
(Ord. 1970. Passed 3-16-46.)

739.14 REQUIREMENTS FOR MACHINES.

(a) Every mechanical amusement device shall have a seal or tag permanently attached thereto showing the serial number of the mechanical amusement device and, in addition thereto, if wired for electricity, a label indicating the name and address of the manufacturer and the voltage and current necessary for the proper operation of the device.

(b) Each portable mechanical amusement device wired for electricity shall be equipped with not more than six feet of electric cord of type approved by the Fire Chief and shall be connected to convenient plug receptacle adjacent to such device.
(Ord. 1970. Passed 3-16-46.)

739.15 RULES AND REGULATIONS TO BE ADOPTED.

The Mayor and the Fire Chief are hereby authorized to adopt, promulgate and enforce such rules and regulations regarding mechanical amusement devices as will enable the Mayor and Fire Chief to enforce and carry out the provisions, meaning and intent of this chapter.
(Ord. 1970. Passed 3-16-46.)

739.16 HOURS OF OPERATION.

No person shall permit a mechanical amusement device to operated between the hours of 12:00 midnight and 8:00 a.m.
(Ord. 1970. Passed 3-16-46.)

739.17 WHEN DEEMED A PUBLIC NUISANCE.

Any mechanical amusement device operated or maintained to be operated in violation of any law of the State or of this chapter, or the rules and regulations adopted hereunder, shall be deemed to be a public nuisance, and any such mechanical amusement device shall be impounded by the Mayor during the time any permit is suspended and until after the hearing on the revocation of the permit.
(Ord. 1970. Passed 3-16-46.)

739.18 EXCEPTIONS.

The provisions of this chapter do not apply to any machine which, in return for the coin deposited in such device, delivers the equivalent value of the coin in merchandise. However, no prize, reward, bonus or other thing of value shall be delivered with such merchandise.
(Ord. 1970. Passed 3-16-46.)

739.19 UNLAWFUL ACTS.

(a) No award, payoff or delivery of anything of value, or representing, exchangeable or redeemable for anything of value, shall be made in any contest, tournament, league or individual play on any mechanical amusement device and no person shall cause, permit or allow the same.

(b) No person shall install, operate or maintain to be operated any mechanical amusement device in the Municipality without first having obtained a permit in writing to do so from the Mayor and paid the permit fee herein prescribed.
(Ord. 1970. Passed 3-16-46.)

739.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be guilty of a minor misdemeanor.

Each day’s violation shall constitute a separate offense.

CHAPTER 745
Peddlers and Itinerant Vendors

745.01 Definitions.
745.02 License required; exceptions.
745.03 Application; fees.
745.04 Itinerant retail dealers; fees.
745.05 Itinerant wholesale dealers; fees.
745.06 Revocation of license; refund.
745.07 Temporary locations.
745.99 Penalty.

CROSS REFERENCES

Power to regulate peddlers – see Ohio R.C. 715.61 et seq.
Power to regulate transient dealers – see Ohio R.C. 715.64
Selling merchandise from vehicle parked in metered zone – see TRAF. 353.10
Sidewalk sales or displays – see GEN. OFF. 517.03(f)
Trespassing – see GEN. OFF. 537.06
Posting bills without consent of owner – see GEN. OFF. 537.07

745.01 DEFINITIONS.

The following terms, conditions and phrases as used in this chapter, shall have the following meanings:

(a) “Hawker”, “peddler” and “itinerant vendor” mean any person who sells, offers for sale, barters or exchanges any goods, wares, produce, merchandise or other articles of value at any place in, upon, along or through the streets, alleys or other public places, or from house to house within the Municipality. This definition does not apply to any person who sells, offers for sale, barters or exchanges, at retail any fruits, vegetables, garden produce or other edible products.

(b) “Transient dealer” means any person who opens a store temporarily for the sale of goods, wares and merchandise or other article of value, or who purchases the entire stock of a merchant for the purpose of closing the same out at reduced prices.

(c) “Billposter” means any person who engages in the business of billposting, bill distributing, card tacking or distributing of advertising matter of any article or compound. This definition does not apply to the advertising of any article or compound which is manufactured or compounded within the Municipality, nor does it apply to any person, operating, conducting a duly established business within the Municipality.

(d) “Itinerant retail dealer” in fruits, vegetables or garden produce means any person who sells, offers for sale, barters or exchanges, from any vehicle or vehicles, any fruits, vegetables or garden produce at any place in, upon, along or through the streets, alleys or other public places or from house to house within the Municipality at retail. This definition does not apply to any farmer, producer or any employee of a farmer or producer, of any fruits, vegetables or garden produce raised by such farmer, producer or employee, nor to any honorably discharged veteran who as served in any of the Armed Forces of the United States who is engaged in the business of selling or offering for sale fruits, vegetables or garden produce from a truck or other vehicle registered in his own name.

(e) “Itinerant wholesale dealer” in fruits, vegetables or garden produce means any person who sells or offers for sale, from any vehicle or vehicles, any fruits, vegetables or garden produce, to any person engaged in the business of selling at retail within the Municipality, or to any person for the purpose of resale to any hotel, restaurant or eating place within the Municipality. This definition shall not apply to, and no license shall be required from any farmer, producer or any employee of a farmer or producer, of any fruits, vegetables or garden produce raised by such farmer, producer or employee, nor to any permanent dealer who is serving regular customers upon substantially fixed routes and who is operating under a United States Department of Agriculture license (evidence of such permanence shall be prior activity of this nature for such period as indicates permanence), nor to any person who sells exclusively to or through, or who buys exclusively from, a duly accredited wholesale food establishment within the Municipality, nor to any honorably discharged veteran who has served in any of the Armed Forces of the United States who is engaged in the business of selling or offering for sale fruits, vegetables or garden produce from a truck or other vehicle registered in his own name.
(Ord. 2002. Passed 5-17-47.)

745.02 LICENSE REQUIRED; EXCEPTIONS.

(a) No person shall engage in or carry on the business of a “hawker”, “peddler”, “itinerant vendor”, “transient dealer”, “billposter”, “itinerant retail dealer”, “itinerant wholesale dealer”, “sign painter” or “secondhand dealer” without having procured a license therefor as hereinafter provided.

(b) This section shall not apply to a sign painter who is a resident of the Municipality, to any person selling agricultural products of his production or the manufacture of any article manufactured by him, to sales by sample only, to any person selling newspapers, to any honorably discharged veteran who has served in any of the Armed Forces of the United States who is engaged in the business of selling or offering for sale fruits, vegetables or garden produce from a truck or other vehicle registered in his own name, and who has procured a license from the Auditor, or to any sales by societies, groups or organizations acting for charitable, religious or benevolent purposes.
(Ord. 2002. Passed 5-17-47.)

745.03 APPLICATION; FEES.

(a) The Mayor is hereby authorized to grant a license to any suitable person applying therefor upon payment of a fee of one dollar and fifty cents ($1.50) per day for “billposters”, “sign painters” and “secondhand dealers”; twenty-five dollars ($25.00) per day for “hawkers”, “peddlers” and “itinerant vendors”, where the goods, wares or merchandise are carried by the person selling the same; and thirty-five dollars ($35.00) per day, where the goods, wares or merchandise are sold from vehicles drawn by hand or brute animals or from automobiles; and twenty-five dollars ($25.00) per day for “transient dealers”.

(b) The Mayor shall issue a license for the period of one year, six months or three months from the date thereof to any suitable person applying therefor, for any or all of the purposes enumerated herein, except to a “transient dealer”, upon payment of a fee of three hundred dollars ($300.00) for one year, two hundred dollars ($200.00) for six months or one hundred dollars ($100.00) for three months.

(c) All itinerant vendors must report to the Division of Police before a license is issued by the Mayor as provided herein and give their true name, address, the company they are representing and the product that is being offered for sale.

(d) Anyone refusing this information to the police or falsely representing such information shall be refused a license by the Mayor.
(Ord. 2186. Passed 12-15-51.)

745.04 ITINERANT RETAIL DEALERS; FEES.

The Mayor is hereby authorized to grant a license to “itinerant retail dealers” in fruits, vegetables or garden produce to any suitable person applying therefor upon payment of a fee of one dollars and fifty cents ($1.50) per day. The Mayor shall issue a license to any such person for a period of one year, six months, three months or one week from the date thereof, for the purposes enumerated in this chapter, upon payment of a fee of fifty dollars ($50.00) a year, thirty dollars ($30.00) for six months, twenty dollars ($20.00) for three months, or eight dollars ($8.00) for one week.
(Ord. 2002. Passed 5-17-47.)

745.05 ITINERANT WHOLESALE DEALERS; FEES.

The Mayor is hereby authorized to grant a license to “itinerant wholesale dealers” in fruits, vegetables or garden produce to any suitable person applying therefor upon payment of an annual license fee of one hundred dollars ($100.00).
(Ord. 2002. Passed 5-17-47.)

745.06 REVOCATION OF LICENSE; REFUND.

Any license may be revoked by the Mayor for cause, in his discretion, but in such case the pro rata part of the license fee for the unexpired term shall be returned to the licensee.
(Ord. 2002. Passed 5-17-47.)

745.07 TEMPORARY LOCATIONS.

No license shall be granted to any person for the occupation, by any structure, temporary or permanent, or by any vehicle, stand, booth or device of any kind, upon any of the streets or sidewalks of the Municipality.
(Ord. 2002. Passed 5-17-47.)

745.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be guilty of a misdemeanor of the third degree, and each day’s continuance thereof shall constitute a separate offense.

CHAPTER 769
Taxicabs

769.01 Definitions.
769.02 Certificate of necessity and license required.
769.03 Certificate of necessity.
769.04 Public hearing on application.
769.05 Issuance of certificate of necessity.
769.06 Application for license.
769.07 Inspection of taxicabs.
769.08 Insurance required.
769.09 Issuance of license; license card.
769.10 Fees for license.
769.11 Suspension or revocation of license; appeal.
769.12 Driver’s license required.
769.13 Renewal of driver’s license.
769.14 Taximeters.
769.15 Rate of fare.
769.16 Taxicab stands.
769.17 Employment of unlicensed drivers.
769.18 Right of appeal.
769.19 Appeal procedure.
769.99 Penalty.

CROSS REFERENCES

Power to regulate taxicab rates – see Ohio R.C. 715.25
Taxicab stands – see Ohio R.C. 715.25(A)
Authority to license taxicab operators – see Ohio R.C. 715.22(A), (B)
Operation of motor vehicles – see TRAF. 331.01 et seq.
Licensing vehicles – see TRAF. 335.01 et seq.
Taxicab stands – see TRAF. 351.10

769.01 DEFINITIONS.

As used in this chapter:

(a) “Public vehicle” means every vehicle for the common carriage and conveyance of passengers for hire, except motor buses and motor vehicles used solely for funerals, weddings and christenings.

(b) “Taxicab” means every public vehicle equipped with or without a taximeter, used for the transportation for hire of not more than five passengers at any one time, for which public patronage is solicited in whole or in part upon the streets or in quasipublic places.

(c) “Taximeter” means any mechanical device or instrument by which the charge for hire of a taxicab is mechanically calculated, and on which the charge to be made to a passenger is plainly indicated by means of figures.

(d) “Automobile for hire” means every public vehicle which does not seek its business on the public streets and which is driven and in charge of the owner or his agent.

(e) “Owner” means any person who has control, direction of operation, maintenance or the benefit of the collection of revenue, derived from the operation of a public vehicle on or over the streets of the Village, whether as owner, licensee, bailee or otherwise, except a driver as hereinafter defined.

(f) “Driver” means every person actually in charge of the operation as the chauffeur of a public vehicle, whether as owner, agent, servant or employee of the owner.

(g) “Taxicab stand” means those portions of the street set aside and designated by the Village Administrator for the parking of taxicabs waiting and seeking employment.
(Ord. 2398. Passed 10-19-57.)

769.02 CERTIFICATE OF NECESSITY AND LICENSE REQUIRED.

No owner shall operate a public vehicle within or from the Municipality unless he is the holder of a certificate of necessity and a license to operate issued pursuant to the provisions of this chapter.
(Ord. 2398. Passed 10-19-57.)

769.03 CERTIFICATE OF NECESSITY.

Any person desiring a certificate of necessity shall file with the Village Administrator a written application therefor, on a form to be provided by the Municipality. The application shall be in affidavit form and contain the following information:

(a) The full name, age and residence of the applicant, and, if the applicant is a partnership, the full name, age and residence of each of the partners, and, if a corporation, the full name of the corporation together with the full names of its principal officers;

(b) The name under which the applicant will do business;

(c) The type of vehicle which is proposed to be used in the service, with information as to age, carrying capacity and motor power of the same, as well as the color scheme and local symbols to be used together with all other lettering or marks proposed to be used by the applicant on the vehicle;

(d) The number of vehicles proposed to be used, the rate of fare to be charged and the method of charging;

(e) A statement that the applicant is capable of and will carry liability insurance or bond as hereinafter provided for; and

(f) Information the Village Administrator or Council may require as to the applicant’s financial responsibility or fitness and such other information as they may desire.

The application shall be accompanied with a fee of ten dollars ($10.00) to cover the amount of expense Council deems that the Municipality will be put to in investigating the application and serving notice of the public hearing and the granting or refusal of the certificate of necessity.
(Ord. 2398. Passed 10-19-57.)

769.04 PUBLIC HEARING ON APPLICATION.

The Village Administrator shall report the application to Council. Council shall thereupon set a date for a public hearing upon the application and shall cause a notice of the public hearing to be published in a newspaper of general circulation in the Municipality at least one week prior to the date of the hearing. It shall be the duty of the Village Administrator of investigate the statements contained in the application and report his findings and recommendation to Council before the date of the hearing.
(Ord. 2398. Passed 10-19-57.)

769.05 ISSUANCE OF CERTIFICATE OF NECESSITY.

(a) If Council determines that the public convenience and necessity require the granting of the application and that the same will be for the best interests of the Municipality and its residents, it may grant the application and order the Village Administrator to issued a certificate of necessity to the applicant.

(b) In determining whether the public convenience and necessity require the granting of the certificate of necessity, Council shall consider such relevant facts as it may deem necessary to the common good and welfare of the Municipality and the health, safety and convenience of its people and shall consider the character and financial responsibility of the applicant, the amount of taxicab service already available to the Municipality from other operators and such other facts and circumstances as, in the judgment of Council, are pertinent to such matter.
(Ord. 2398. Passed 10-19-57.)

769.06 APPLICATION FOR LICENSE.

(a) The holder of a certificate of necessity may apply to the Village Administrator for a license to operate any such public vehicles as may come within the scope covered by the certificate of necessity. The application shall be in writing and shall state the serial number of his certificate of necessity, the full name and address of the owner of the public vehicle and also of the applicant, the trade name under which the applicant does or will do business, the type of vehicle for which the license is desired, the length of time the vehicle has been in use, the number of persons it is capable of carrying, the motor power thereof, the design, the color scheme, the local symbol used or proposed to be used, together with all other lettering or marks used or proposed to be used by the applicant on the vehicle, and whether the fare to be charged is to be by taximeter or by the zone system.

(b) The Village Administrator may require such additional information as to the financial responsibility and fitness of the management, of officers and of stockholders of the applicant and such other information as he may desire. The Village Administrator shall have affixed to the application an affidavit duly sworn to by the applicant. However, in the case of applicants already licensed by a municipality abutting the Municipality and whose principal business is the carrying of passengers elsewhere than in the Municipality, it shall be sufficient to file an affidavit containing a description of the vehicle, together with the license number of the municipality issuing the license and a statement as to the surety bond or liability insurance filed with the municipality which issued the license covering the operation of the vehicle.
(Ord. 2398. Passed 10-19-57.)

769.07 INSPECTION OF TAXICABS.

The Village Administrator is hereby authorized to establish such reasonable rules and regulations for the inspection of taxicabs and automobiles for hire, and their appurtenances, construction and condition of fitness as he deems best for the safety and adequate transportation of passengers and the public in general.
(Ord. 2398. Passed 10-19-57.)

769.08 INSURANCE REQUIRED.

No person shall engage in the business of operating a taxicab or taxicabs or permit the same to be operated until and unless the approved applicant for a license deposits with the Clerk-Treasurer a policy or certificate of liability insurance for each unit for which a license is applied for, acceptable to and approved by the Solicitor, indemnifying the applicant in the sum of twenty-five thousand dollars ($25,000) for the injury to one person and fifty thousand dollars ($50,000) for injury to more than one person and ten thousand dollars ($10,000) for property damage in any one accident for the operation of each taxicab for which the license is applied. The policy shall contain a clause obligating the surety company or insurance company to give a ten day’s written notice to the Mayor before the lapse, expiration or termination of such policy or policies and if the same or any of them are allowed to lapse, the license to operate shall immediately expire.
(Ord. 875. Passed 4-20-78.)

769.09 ISSUANCE OF LICENSE; LICENSE CARD.

If the Village Administrator finds that the applicant for a license to operate is the owner of a valid certificate of necessity and that the vehicle for which the license to operate is sought is within the class provided for in the certificate of necessity and is fit and safe for the transportation of passengers under such rules and regulations as the Village Administrator may promulgate, he shall issue to such owner a license to operate such a vehicle when the owner deposits the insurance policy or bond heretofore described and pays the license fee hereinafter set forth. There shall be delivered to the owner a license card which shall contain the official license number, the name and address of the licensee and such other information as the Village Administrator may prescribe. The license card shall be affixed to the interior of the public vehicle so as to be readily visible at all times. Any license issued hereunder shall expire on December 31 of the year of which it is issued.
(Ord. 2398. Passed 10-19-57.)

769.10 FEES FOR LICENSE.

Every licensee hereunder shall pay a fee of ten dollars ($10.00) per year in advance for each public vehicle license. However, the fee for licensing after July 1 in any year shall be five dollars ($5.00) for the balance of that year or any fraction thereof.
(Ord. 2398. Passed 10-19-57.)

769.11 SUSPENSION OR REVOCATION OF LICENSE; APPEAL.

(a) Any certificate of necessity and/or license to operate may be suspended or revoked at any time by the Village Administrator in case:

(1) The Village Administrator finds the owner’s past record to be unsatisfactory;
(2) The owner fails to operate his licensed taxicab or taxicabs in accordance with the provisions of this chapter and other ordinances of the Municipality and the laws of the State; or
(3) The owner ceases to operate such taxicabs for a period of thirty consecutive days without first obtaining the consent of the Village Administrator.

(b) Any person whose certificate of necessity or whose license to operate has been revoked by the Village Administrator may appeal from the decision of the Village Administrator to a Board of Appeals as hereinafter provided.
(Ord. 2398. Passed 10-19-57.)

769.12 DRIVER’S LICENSE REQUIRED.

No person shall drive a public vehicle unless he is licensed to do so by the State and unless he is:

(a) At least twenty-one years of age or over, an American citizen or has declared his intention to become a citizen;

(b) Of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operation of a public vehicle;

(d) Clean in dress and person, of good moral character and not addicted to the use of intoxicating liquors or drugs.

769.13 RENEWAL OF DRIVER’S LICENSE.

The Village Administrator may renew the driver’s license, from year to year, by appropriate endorsement thereon.
(Ord. 2398. Passed 10-19-57.)

769.14 TAXIMETERS.

(a) A taxicab licensed to operate under a taximeter plan of charging shall be equipped with a taximeter and no person shall charge any higher rate of fare than is recorded in the reading face of the taximeter, except that at the option of the passenger an hourly rate may be used.

(b) After sundown, the face of every taximeter shall be illuminated by a suitable light so as to throw a continuous steady light thereon. No person shall use or permit to be used, or drive for hire, a taxicab equipped with a taximeter which is in such condition as to be inaccurate by more than five percent (5%) to the prejudice of the passenger.
(Ord. 2398. Passed 10-19-57.)

769.15 RATE OF FARE.

The owner, whether operating by taximeter or by the zone plan, shall establish his own rate of fare which may be changed at will. However, the owner shall at all times keep on file with the Village Administrator the schedule he proposes to charge and shall post a printed copy of the same inside each of his taxicabs where it will be plainly visible to any passenger riding therein. No owner or driver shall charge a higher rate of fare than the one so filed and posted.

Nothing herein contained shall preclude the owner or driver from making a special hourly rate with the passenger who expects to use such service for more than an hour at a time.
(Ord. 2398. Passed 10-19-57.)

769.16 TAXICAB STANDS.

The Village Administrator is hereby authorized to establish such taxicab stands as will best serve the interests of the public. He shall designate the same by stanchions or signs bearing the legend that the same is a taxicab stand and designate the number of taxicabs permitted to park there. No vehicle other than a taxicab shall be allowed to park therein. The Village Administrator is hereby authorized to establish such rules and regulations with reference to the use of the taxicab stands and the operation of taxicabs in the Municipality as, in his judgment, are needed to facilitate traffic on the streets and to insure the safety of the public. Each taxicab stand shall be limited to not more than space for two taxicabs.
(Ord. 858. Passed 12-22-77.)

769.17 EMPLOYMENT OF UNLICENSED DRIVERS.

No person operating a taxicab within or from the Municipality shall employ as a driver of such taxicab any person other than a driver duly licensed or registered under the provisions of this chapter.
(Ord. 2398. Passed 10-19-57.)

769.18 RIGHT OF APPEAL.

An appeal from any decision of the Village Administrator revoking a certificate of necessity, a license to operate or a driver’s license may be made to Council, which is hereby authorized, after full hearing, to affirm, modify or reverse the decision of the Village Administrator.
(Ord. 2398. Passed 10-19-57.)

769.19 APPEAL PROCEDURE.

In order to avail himself of the appeal referred to in Section 769.18, the appellant shall, within ten days after receiving notice of such revocation, give written notice of such appeal to the Mayor. The appeal shall be heard by Council within ten days after the termination of the hearing, and its decision shall be final.
(Ord. 2398. Passed 10-19-57.)

769.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00)
(Ord. 2398. Passed 10-19-57.)

CHAPTER 775
Trailers and Trailer Camps

EDITOR’S NOTE: Provisions relating to licensing of trailer camps by the Village have been omitted from this recodification of Chapter 775 because of the decision in Noland versus Sharonville, 4 App (2d) 7, 211 NE (2d) 90 (1964), wherein it was held that inasmuch as the State has pre-empted the field, a municipality cannot impose an occupation or excise tax for the licensing of individual house trailer and trailer camps.

775.01 Definitions.
775.02 Safety and sanitary conditions.
775.03 Compliance with other law.
775.04 Records.
775.05 Parking limitations.
775.06 Trailers to be parked in designated areas.
775.07 Daily inspection.
775.08 Right of entry.
775.09 House trailers.
775.99 Penalty.

CROSS REFERENCES

Trailer parks – see Ohio R.C. 3733.01 et seq.
Parking regulations – see TRAF. Ch. 351
Sanitation provisions – see GEN. OFF. Ch. 517
Garbage and rubbish regulations – see S. & P.S. 955.03 et seq.
Zoning regulations – see P. & Z. Ch. 1149

775.01 DEFINITIONS.

As used in this chapter:

(a) “Trailer” means a trailer, house care, camp car or vehicle or structure mounted on wheels or capable of being propelled from place to place either by its own power or power supplied by some vehicle attached thereto, or to be attached thereto, and being used for living or sleeping quarters.

(b) “Trailer camp” means any lot or parcel of ground within the Municipality where accommodation is provided for one or more automobile trailers or house cars used as living or sleeping quarters.
(Ord. 2398. Passed 10-19-57.)

775.02 SAFETY AND SANITARY CONDITIONS.

No person conducting a trailer camp shall fail to maintain the same in a safe and sanitary condition at all times, subject to the following regulations:

(a) The trailer camp site shall be of adequate area and each unit reserved for the accommodation of any automobile trailer or house car shall be not less than twenty-five feet by thirty-five feet and shall be clearly defined by proper markers at each corner. The site shall be level, free from rocks and weeds and well drained. No trailer or house car shall be located on any unit where there is less than ten feet between each trailer or house car and another building, trailer, house car or structure, or within ten feet from the property line separating the park or camp from adjoining properties.

(b) Each trailer camp shall be supplied with pure and wholesome running water.

(c) All drain water from drives and roofs shall be properly tiled to a storm or sanitary sewer, and drain water shall not be permitted to collect upon the premises nor to drain into adjoining property.

(d) A covered metal garbage pail and a covered metal rubbish container shall be provided for each four or less units and shall be of such capacity as to properly take care of all garbage and rubbish emanating from the units intended to be serviced. All garbage shall be wrapped in paper before same is placed in a metal container.

(e) No garbage, refuse, sewage or waste shall be dumped upon the premises or any adjoining property.

(f) Each site for which a trailer camp license is obtained shall be provided with toilets, urinals, wash basins, showers or baths, water faucets, etc., in accordance with the following specifications:

(1) The trailer camp shall be provided with adequate and proper toilet facilities, comprised of water-flushed plumbing equipment connected to a sanitary sewer and separate toilet facilities for each sex. The use of chemical toilets or privies is prohibited and each trailer camp shall provide not less than one water-flushed toilet for each sex for every ten units or fraction thereof;
(2) Each toilet room provided for men shall have, in addition, one urinal stall;
(3) Each toilet room shall be provided with one wash basin with running water for each three toilets;
(4) One shower or bathtub shall be provided for each sex for each ten units or fraction thereof;
(5) All toilets, sinks, showers, urinals, etc., shall be placed in properly constructed buildings located not more than 150 feet from each trailer unit which they are to serve;
(6) The toilet buildings shall be well lighted at all times, day or night, well ventilated with screened openings and constructed of such moisture-proof material as shall permit rapid and satisfactory cleaning, scouring and washing;
(7) The floors shall be of concrete or similar material, elevated not less than four inches above grade, and shall slope to the floor drain located in each room;
(8) One slop sink or basin with water supply shall be provided to serve each four trailer units and shall be constructed in accordance with a design, size and material approved by the Village Administrator; and
(9) Where toilet and bathing facilities are provided for both sexes in the same building, a tight, soundproof wall shall be constructed between the male and female sections.

(g) Waste cans for emergency toilet use shall be provided in any and all trailers.

(h) All trailers using gas, kerosene, gasoline or fuel oil for heating or cooking purposes shall have their stoves properly vented together with flues of adequate size and construction and, with the exception of a supply container approved by the Fire Chief for each trailer, no gasoline, kerosene or fuel oil shall be stored on the premises.

(i) All trailers shall be maintained in a portable condition (on wheels) at all times. No person shall move or cause to be moved the wheels or tires from any trailer within the Municipality, except for the purpose of repairing or replacing, which repairing or replacing shall be done immediately. No person shall, in any manner, elevate, block or stabilize any trailer. No person shall permit the occupancy of a trailer by a greater number of persons than that for which the trailer was designed to accommodate.

(j) Each trailer camp shall be under the direct management of the owner or licensee or his agent or representative. Such person or persons must be of good reputation and character and shall operate such camp from an office located on the grounds, in which office registration records shall be maintained and the license for that particular camp shall be displayed. It shall be the duty of the manager of each trailer camp to:

(1) Prohibit the placing or storing of unsightly materials or vehicles of any kind on the premises;
(2) Provide for the regular cleaning, painting, repairing and disinfecting of all buildings;
(3) Take such other measures as may be deemed necessary by the officials charged with the enforcement of this chapter to preserve the health, comfort and safety of all persons residing in the camp and of the general public;
(4) Cause each dog, cat or other pet animal to be kept under control either by being tied up or confined in a proper enclosure;
(5) Report to municipal officials all cases of communicable diseases or suspected cases of communicable diseases affecting any inmate of the camp;
(6) Prevent the existence of any nuisance on the camp premises and report immediately to the proper authorities all acts of a disorderly character committed by any person or persons inside the camp; and
(7) Prohibit animal washing, car washing or other slop creating practices unless in a building especially designed for such purpose.

(k) There shall be provided by the management of the trailer camp a suitable number of portable fire extinguishers in a central location within the trailer camp. Such fire extinguishers shall be subject to the approval of the Fire Chief.

(l) All entrances and exits from the trailer camp shall be well marked and so arranged that they will not constitute a traffic hazard. All driveways within the trailer camp shall be hard-surfaced, well marked in the daytime and lighted at night and so located that each unit of the camp is easily accessible.
(Ord. 2398. Passed 10-19-57.)

775.03 COMPLIANCE WITH OTHER LAW.

No licenses shall be granted for the construction or operation of a trailer camp in violation of any ordinances of the Municipality.
(Ord. 2398. Passed 10-19-57.)

775.04 RECORDS.

The manager or caretaker of a duly licensed trailer camp shall provide a duplicate of the names and addresses of the occupants of each trailer admitted to the trailer camp site and the automobile license and trailer license numbers. The manager or caretaker of the trailer camp shall turn over each day to the Chief of Police a duplicate copy of all registrations and entries for the previous day.
(Ord. 2398. Passed 10-19-57.)

775.05 PARKING LIMITATIONS.

The parking of occupied trailers in a trailer camp for a period of more than sixty days is prohibited, and no trailer camp licensee shall permit a trailer or the occupants thereof to remain in the trailer camp for a period longer than sixty days; nor shall a trailer camp licensee permit a trailer or the occupants thereof to re-enter a trailer camp for ninety days after the expiration of a former occupancy; and no occupant of a trailer shall enter or park a trailer in any trailer camp for ninety days after the expiration date of a former occupancy in any other trailer camp within the Municipality.
(Ord. 2398. Passed 10-19-57.)

775.06 TRAILERS TO BE PARKED IN DESIGNATED AREAS.

(a) Parking of commercial trailer(s) greater than 12 feet in length, within the Village of Bellaire on both private property and authorized areas or public property shall warrant a permit. Permits shall be issued to any applicant with the inspection of said trailer by Code Enforcement.

(b) The trailer must be road worthy and able to be evacuated from property at any given notice. The trailer cannot be deemed a nuisance for unsightliness. All trailers must be registered and permitted by the Village not later than 72 business hours of parking. Any trailer parked greater than 15 calendar days must be permitted for the entire month. Any trailer parked with permit for less than 15 calendar days shall be prorated with a minimum permit fee of seven calendar days.

(c) All trailers will be issued a decal for payment and all fees must be current. Failure to do so will result in citation for failure to comply.

(d) Fees for trailers:

(1) Commercial trailers greater than 12 feet: $200.00 per month.

(e) Failure to comply will result in immediate removal of trailer at owner’s expense. A fine for failure to comply with a fee of no less than $100.00 per day plus court costs. Loss of privileges to apply for permit for 90 days. (Ord. 2013-15. Passed 9-19-13.)

775.07 DAILY INSPECTION.

It shall be the duty of the Chief of Police to conduct a daily inspection of each trailer camp site and obtain from the manager thereof a duplicate copy of the previous day’s registrations and to ascertain whether the occupants of any unit overstay the sixty day period designated in Section 775.05.
(Ord. 2398. Passed 10-19-57.)

775.08 RIGHT OF ENTRY.

The Mayor, Police Chief, Fire Chief and all law enforcement officers of the Municipality shall have access to each trailer camp at all reasonable times to inspect the same and to ascertain whether this chapter is being complied with, and whenever any person conducting a trailer camp is not maintaining the same in a safe or sanitary condition, or contrary to the requirements and regulations set forth in the Building, Zoning and Fire Prevention Codes or contrary to the requirements and regulations set forth in this chapter, it shall be the duty of the Mayor to revoke the trailer camp license.
(Ord. 2398. Passed 10-19-57.)

775.09 HOUSE TRAILERS.

(a) No person shall locate or permit to be located, a house trailer for the purpose of habitation, upon any site, lot, field or tract of land within the Municipality, except in a house trailer park which has been duly licensed by the State under Ohio R.C. 3733.01 through 3733.99. This section does not apply to a trailer located in an M Manufacturing District, which is occupied by a night watchman and/or his family.
(Ord. 666. Passed 4-5-73.)

(b) No person who heretofore has located or permitted to be located, a house trailer used for habitation on any site, lot, field or tract of land in the Municipality, other than in a duly licensed house trailer park, shall relocate such house trailer once moved from its present site anywhere within the Municipality, except in a duly licensed house trailer park, or permit the relocation of a house trailer on the vacated site.

(c) For the purpose of this section, the prohibition against locating house trailers for habitation in the Municipality upon any site other than in a duly licensed house trailer park, shall apply equally to the owner, lessee or other person owning or controlling the land occupied by any house trailer located in violation of this section, as well as to the owner, lessee or other person owning or controlling such house trailer.
(Ord. 2401. Passed 12-5-57.)

775.99 PENALTY.

Whoever violates any of the provisions of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense. Each day’s operation shall constitute a separate offense.

CHAPTER 779
Contractors

779.01 Contractors license required.

779.01 CONTRACTORS LICENSE REQUIRED.

All persons, partnerships, corporations or other entities who are required to obtain a contractor’s license and have failed to do so shall be fined the sum of one hundred seventy-five dollars ($175.00) together with a thirty day suspension of their right to perform construction or contracting work in the Municipality for a first offense; in the event of a second offense occurring within five years of the first offense, a fine of three hundred twenty-five dollars ($325.00) shall be imposed plus a ninety day suspension of contractor’s license; in the event of a third offense within five years of a first and second offense, the fine shall be five hundred dollars ($500.00) plus a 180 day suspension of a contractor’s license; in the event four offenses have occurred within a five year period, such offending parties shall receive a fine of five hundred dollars ($500.00) and shall have a 365 day suspension of their contractor’s license.
(Ord. 92-002. Passed 1-16-92.)

CHAPTER 785
Sexually Oriented Businesses

785.01 Purpose and intent.
785.02 Definitions.
785.03 License required.
785.04 Application for license.
785.05 Issuance of a license.
785.06 Employee license application.
785.07 Issuance of Sexually Oriented Business employee license.
785.08 Expiration and renewal of license.
785.09 Suspension.
785.10 Revocation.
785.11 Appeal rights.
785.12 Transfer of license.
785.13 Additional regulations concerning the operation of a Sexually Oriented Business.

CROSS REFERENCES

Obscenity and sex offenses – see GEN. OFF. Ch. 533
Criminal activity in sexually oriented business – see GEN. OFF. Ch .535

785.01 PURPOSE AND INTENT.

(a) In enacting this chapter, pursuant to Ohio R.C. 715.55, the legislative authority of the Village of Bellaire makes the following statement of intent and findings:

(1) Adult entertainment establishments require special supervision from the public safety agencies of the Village of Bellaire in order to protect and preserve the health, safety, morals, and welfare of the patrons and employees of the businesses as well as the citizens of the Village of Bellaire.
(2) The legislative authority of the Village of Bellaire finds that adult entertainment establishments are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature.
(3) The concern over sexually transmitted diseases is a legitimate health concern of the Village of Bellaire that demands reasonable regulation of adult entertainment establishments by the Village of Bellaire in the specified manner, and expanded authority for reasonable regulation of adult entertainment establishments by local governments, in order to protect the health and well-being of the citizens.
(4) Minimal regulations enacted by the Village of Bellaire are a legitimate and reasonable means of accountability to ensure that operators of adult entertainment establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
(5) There is convincing documented evidence that adult entertainment establishments, because of their very nature, have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, cause increased crime, particularly in the overnight hours, and downgrade property values.
(6) The legislative authority of the Village of Bellaire desires to minimize and control these adverse effects by regulating adult entertainment establishments in the specified manner. And by minimizing and controlling these adverse effects, the legislative authority of the Village of Bellaire seeks to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight.
(7) The legislative authority of the Village of Bellaire has determined that current local zoning and other locational criteria do not adequately protect the health, safety, and general welfare of the people of the Village of Bellaire and that expanded regulation of adult entertainment establishments is necessary.
(8) It is not the intent of the legislative authority of the Village of Bellaire in enacting this act to suppress or authorize the suppression of any speech activities protected by the First Amendment, but to enact content-neutral statutes that address the secondary effects of adult entertainment establishments.
(9) It is not the intent of the legislative authority of the Village of Bellaire to condone or legitimize the distribution of obscene material, and the legislative authority of the Village of Bellaire recognizes that state and federal law prohibits the distribution of obscene materials and expects and encourages state law enforcement officials to enforce state obscenity statutes against any such illegal activities in this State.

(b) It is the intent of the legislative authority of the Village of Bellaire in enacting this chapter to regulate in the specified manner adult entertainment establishments in order to promote the health, safety, morals, and general welfare of the citizens of the Village of Bellaire and establish reasonable regulations to prevent the deleterious secondary effects of adult entertainment establishments within the Village of Bellaire. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent of the legislative authority of the Village of Bellaire in enacting this chapter to restrict or deny, or authorize the restriction or denial of, access by adults to sexually oriented materials protected by the First Amendment, or to deny, or authorize the denial of, access by the distributors and exhibitors of adult entertainment and adult materials to their intended market. Neither is it the intent nor effect of the legislative authority of the Village of Bellaire in enacting this chapter to condone or legitimize the distribution or exhibition of obscene material.

(c) Based on evidence concerning the adverse secondary effects of adult uses on communities presented in hearings and in reports made available to the legislature and subsequently adopted by the Ohio General Assembly as findings under Section 3 of House Bill 23 (and on findings incorporated in the cases of Township of Littleton, Colorado v. Z.J. Gifts D-4, L.L.C. (2004), 541 U.S. 774; Township of Erie v. Pap’s A.M (2000), 529 U.S. 277; Barnes v. Glen Theatre, Inc. (1991), 501 U.S. 560; Township of Renton v. Playtime Theatres, Inc. (1986), 475 U.S. 41; Young v. American Mini Theatres (1976), 426 U.S. 50; California v. LaRue (1972), 409 U.S. 109; DLS, Inc. v. Township of Chattanooga (6th Cir. 1997), 107 F.3d 403; East Brooks Books, Inc. v. Township of Memphis (6th Cir. 1995), 48 F.3d 220; Harris v. Fitchville Township Trustees (N.D. Ohio 2000), 99 F. Supp.2d 837; Bamon Corp. v. Township of Dayton (S.D. Ohio 1990), 730 F. Supp. 90, aff’d (6th Cir. 1991), 923 F.2d 470; Broadway Books v. Roberts (E.D. Tenn. 1986), 642 F. Supp. 486; Bright Lights, Inc. v. Township of Newport (E.D. Ky. 1993), 830 F. Supp. 378; Richland Bookmart v. Nichols (6th Cir. 1998), 137 F.3d 435; Deja Vu v. Metro Government (6th Cir. 1999), 1999 U.S. App. LEXIS 535; Threesome Entertainment v. Strittmather (N.D. Ohio 1998), 4 F.Supp.2d 710; J.L. Spoons, Inc. v. Township of Brunswick (N.D. Ohio 1999), 49 F. Supp.2d 1032; Triplett Grille, Inc. v. Township of Akron (6th Cir. 1994), 40 F.3d 129; Nightclubs, Inc. v. Township of Paducah (6th Cir. 2000), 202 F.3d 884; O’Connor v. Township and County of Denver (10th Cir. 1990), 894 F.2d 1210; Deja Vu of Nashville, Inc., et al. v. Metropolitan Government of Nashville and Davidson County (6th Cir. 2001), 2001 U.S. App. LEXIS 26007; State of Ohio ex rel. Rothal v. Smith (Ohio C.P. 2002), Summit C.P. No. CV 01094594; Z.J. Gifts D-2, L.L.C. v. Township of Aurora (lOth Cir. 1998), 136 F.3d 683; Connection Distrib. Co. v. Reno (6th Cir. 1998), 154 F.3d 281; Sundance Assocs. v. Reno (10th Cir. 1998), 139 F.3d 804; American Library Association v. Reno (D.C. Cir. 1994), 33 F.3d 78; American Target Advertising, Inc. v. Giani (lOth Cir. 2000), 199 F.3d 1241; and other cases and on reports of secondary effects occurring in and around adult entertainment establishments in Phoenix, Arizona (1984); Minneapolis, Minnesota (1980); Houston, Texas (1983); Indianapolis, Indiana (1984); Amarillo, Texas (1977); Garden Grove, California (1991); Los Angeles, California (1977); Whittier, California (1978); Austin, Texas (1986); Seattle, Washington (1989); Oklhlloma Township, Oklahoma (1986); Cleveland, Ohio (1977); Dallas, Texas (1997); St. Croix County, Wisconsin (1993); Bellevue, Washington (1998); Newport News, Vitginia (1996); Tucson, Arizona (1990); St. Paul, Minnesota (1988); Oklahoma Township, Oklahoma (1986 and 1992); Beaumont, Texas ( 1982); New York, New York (1994); Ellicottville, New York (1998); Des Moines, Iowa (1984); Islip, New York (1980); Adams County, Colorado (1987); Manatee County, Florida (1987); New Hanover County, North Carolina (1989); Las Vegas, Nevada (1978); Cattaraugas County, New York (1998); Cleburne, Texas (1997); Dallas, Texas (1997); El Paso, Texas (1986); New York Times Square study (1994); Report to ACLJ on the Secondary Impacts of Sex Oriented Businesses (1996); findings from the Report of the Attorney General’s Working Group On The Regulation Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota); and on testimony to Congress in 136 Cong. Rec. S. 8987; 135 Cong. Rec. S. 14519; 135 Cong. Rec. S. 5636, 134 Cong. Rec. E. 3750; and also on findings from the paper entitled “Stripclubs According to Strippers: Exposing Workplace Sexual Violence,” by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; and from “Sexually Oriented Businesses: An Insider’s View,” by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; and from various other police reports, testimony, newspaper reports, and other documentary evidence), and subsequent findings in Sensations, Inc. v. City of Grand Rapids, Michigan Decency Action Council (6th Cir. 2008), 526 F.3d 291; 729, Inc. v. Kenton County Fiscal Court (6th Cir. 2008), 515 F.3d 485; and Andy’s Rest. & Lounge, Inc. v. City of Gary (7th Cir. 2006), 466 F.3d 550, and the legislative authority of the Village of Bellaire’s independent review of the same) the legislative authority of the Village of Bellaire finds:

(1) Adult entertainment establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled by the operators of the establishments.
(2) Certain employees of adult entertainment establishments, as defined in this chapter as adult theaters and cabarets, engage in a higher incidence of certain types of illicit sexual behavior than employees of other establishments.
(3) Sexual acts, including masturbation and oral and anal sex, occur at adult entertainment establishments, especially those that provide private or semiprivate booths or cubicles for viewing films, videos, or live sex shows. The “couch dances” or “lap dances” that frequently occur in adult entertainment establishments featuring live nude or seminude dancers constitute or may constitute the offense of “engaging in prostitution” under Section 2907.25 of the Ohio Revised Code.
(4) Offering and providing private or semi-private booths or cubicles encourages such activities, which creates unhealthy conditions.
(5) Persons frequent certain adult theaters, adult arcades, and other adult entertainment establishments for the purpose of engaging in sexual activity within the premises of those adult entertainment establishments.
(6) Numerous communicable diseases may be spread by activities occurring in sexually oriented businesses, including, but not limited to, syphilis, gonorrhea, human immunodeficiency virus infection (HIV -AIDS), genital herpes, hepatitis salmonella, campylobacter and shigella infections, chlamydial, myoplasmal and ureoplasmal infections, trichomoniasis, and chancroid.
(7) Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus (HIV) in the United States: 600 in 1982, 2,200 in 1983, 4,600 in 1984, 8,555 in 1985, and 253,448 through December 31, 1992.
(8) A total of 10,255 AIDS cases had been reported in Ohio as of January 1999. Ohio has required HIV case reporting since 1990, and the reported information shows 7,969 people living with (HIV) (4,213) and (AIDS) (3,756) in the State.
(9) Since 1981 and to the present, there have been an increasing cumulative number of persons testing positive for the HIV antibody test in Ohio.
(10) The number of cases of early (less than one year) syphilis in the United States reported annually has risen. 33,613 cases were reported in 1982, and 45,200 cases were reported through November 1990.
(11) The number of cases of gonorrhea in the United States reported annually remains at a high level, with over one-half million cases being reported in 1990.
(12) The Surgeon General of the United States in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, and exposure to infected blood and blood components, and from an infected mother to her newborn.
(13) According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts.
(14) Sanitary conditions in some adult entertainment establishments are unhealthy, in part, because the activities conducted there are unhealthy, and, in part, because of the unregulated nature of the activities and the failure of the owners and the operators of the facilities to self-regulate those activities and maintain those facilities.
(15) The findings noted in subsection (c)(l) to (14) of this section raise substantial governmental concerns.
(16) Adult entertainment establishments have operational characteristics that require or mandate subject them to reasonable government regulation in order to protect those substantial governmental concerns.
(17) The enactment of this chapter will promote the general welfare, health, morals, and safety of the citizens of this Township.
(Ord. 2012-08. Passed 11-1-12.)

785.02 DEFINITIONS.

(a) As used in this chapter:

(1) “Adult bookstore,” “adult cabaret,” “adult motion picture theater,” “adult video store,” “characterized by,” “nude,” “nudity,” “state of nudity,” “seminude,” “state of seminudity,” “sexual device,” “sexual device shop,” “sexual encounter center,” “specified anatomical areas,” and “specified sexual activity” have the same meanings as in Ohio R.C. 2907.40; and
(2) “Adult arcade,” “adult entertainment,” “adult entertainment establishment,” “adult novelty store,” “adult theater,” “distinguished or characterized by their emphasis upon,” “nude or seminude model studio,” “regularly features,” “regularly shown,” and “sexual encounter establishment” have the same meanings as in Ohio R.C. 2907.39.

(b) “Employee” means any individual on a full-time, part-time, or contract basis, regardless of whether the individual is denominated an employee, independent contractor, agent, or otherwise, but does not include an individual exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

(c) “Immediate Family” means a person’s spouse residing in the person’s household, parents, siblings of the whole or of the half blood, and children, including adopted children.

(d) “License” means a license to act or operate a sexually oriented business, issued pursuant to this chapter.

(e) “Licensee” means a person in whose name a license to operate has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to an Employee license issued under this chapter, licensee means an employee as defined by subsection (b) above in whose name a license has been issued authorizing employment at sexually oriented business.

(f) “Operate” means to control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. “Operate” or “Cause to be Operated” shall mean to cause to function or to put or keep in operation.

(g) “Operator” means any individual on the premises of a sexually oriented business who causes the business to function or who puts or keeps in operation the business or who is authorized to manage the business or exercise overall operational control of the business premises. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

(h) “Patron” means any individual on the premises of a sexually oriented business, except for any of the following:

(1) An operator or an employee of the sexually oriented business;
(2) An individual who is on the premises exclusively for repair or maintenance of the premises or for the delivery of goods to the premises;
(3) A public employee or a volunteer firefighter emergency medical services worker acting within the scope of the public employee’s or volunteer’s duties as a public employee or volunteer’s duties as a public employee or volunteer.

(i) “Person” means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

(j) “Premises” means the real property on which the sexually oriented business is located and all appurtenances to the real property, including, but not limited to the sexually oriented business, the grounds, private walkways, and parking lots or parking garages adjacent to the real property under the ownership, control, or supervision of the owner or operator of the sexually oriented business.

(k) “Sexually Oriented Business” means an adult arcade, adult bookstore, adult cabaret, adult entertainment establishment, adult motion picture theater, adult novelty store, adult theater, adult video store, sexual device shop, sexual encounter center, and sexual encounter establishment as defined by subsection (a) hereof, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.

(l) “Specified Criminal Activity” means any of the following offenses:

(1) Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;
(2) For which:

A. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
B. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.

(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.

(m) “Transfer of Ownership or Control” of a sexually oriented business shall mean any of the following:

(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business whether by sale, exchange, or similar means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 2012-08. Passed 11-1-12.)

785.03 LICENSE REQUIRED.

(a) No person shall:

(1) Operate a sexually oriented business as defined by Section 785.02(k) without a valid sexually oriented business license issued by the Village of Bellaire pursuant to this chapter.
(2) In connection with operating a sexually oriented business, retain the services of a person as an employee, as defined in this chapter, who is not licensed as a sexually oriented business employee by the Village of Bellaire pursuant to this chapter.

(b) Any person who violates subsection (a)(l) above shall be guilty of a misdemeanor of the second degree for a first offense, and a misdemeanor of the first degree for a second offense.

(c) A violation of subsection (a)(2) above shall be a ground for the suspension of a sexually oriented business license as provided for in Section 785.09.

(d) No person shall act as an employee, as defined in this chapter, on the premises of a sexually oriented business without having secured a sexually oriented business employee license (“employee license”) pursuant to this chapter.

(e) A violation of this section shall be a ground for the suspension of a sexually oriented business employee license as provided for in Section 785.09.
(Ord. 2012-08. Passed 11-1-12.)

785.04 APPLICATION FOR LICENSE.

(a) An original or renewal application for a sexually oriented business license shall be submitted to the Village’s Code Enforcer or its designee on a form provided by the Village’s Code Enforcer. The Village of Bellaire’s application may require and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the Village of Bellaire to determine whether the applicant meets the qualifications established in this chapter.

(b) A filing fee shall be paid at the time of filing the application, as follows: $50.00.

(1) If the business entity is owned by an individual, that individual.
(2) If the business entity is owned by a corporation, each Officer or Director of the corporation, any individual owning or controlling more than fifty (50) percent of the voting shares of the corporation, and any person with an ownership interest in the corporation who will be principally responsible for the operation of the proposed sexually oriented business.
(3) If the business entity is owned by a partnership (general or limited), a joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, each partner (other than limited partners); and any other person entitled to share in the profits of the organization, whether or not such person is also obligated to share in the liabilities of the organization, who will be principally responsible for the operation of the proposed sexually oriented business.

(d) An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.

(e) An application for a sexually oriented business license shall be completed according to the instructions on the application form, which shall require the following:

(1) If the applicant is:

A. An individual, state the legal name and any aliases of such individual; or
B. A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any; or ·
C. A joint venture, or any other type of organization where two or more persons share in the profits and liabilities of the organization, state the complete name of the organization and provide a copy of the legal document establishing the organization, if any; or
D. A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacities of all Officers and Directors, the name of the registered corporate agent, and the address of the registered office for service of process.

(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.
(3) State whether any applicant has been convicted of a specified criminal activity as defined in this chapter, and if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.
(4) State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, or fifty (50) percent or greater owner of a corporation licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.
(5) State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.
(6) State the location of the proposed sexually oriented business, including a legal description of the property (i.e., permanent parcel number), street address, and telephone number( s ), if any.
(7) State the mailing address and residential address of each applicant and each person signing the application.
(8) Submit a recent photograph of each applicant who is a natural person, taken by the Police Department of the Village of Bellaire that clearly shows the applicant’s face.
(9) Submit the fingerprints of each applicant who is a natural person, recorded by the Police Department of the Village of Bellaire.
(10) For any applicant who is a natural person, describe and identify the location of any tattoos on such person’s face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.
(11) State the driver’s license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant’s federally issued tax identification number.
(12) Submit proof that each applicant who is a natural person is at least eighteen (18) years old.
(13) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business. The diagram shall also designate the place at which the adult business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six ( 6) inches.
(14) The above-required disclosures facilitate the police investigation into the applicant’s criminal background regarding crimes of a sexual nature so that the Village of Bellaire can determine whether the chapter’s civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with the chapter’s licensing and permitting requirements.
(15) The information gathered pursuant to the above provisions constitutes protected private information and is exempt from Ohio’s Public Records Act in accordance with the decision of the Sixth Circuit Court of Appeals in Deja Vu of Cincinnati v. Union Township (6th Cir. 2005), 411 F.3d 777.
(Ord. 2012-08. Passed 11-1-12.)

785.05 ISSUANCE OF A LICENSE.

(a) Upon receipt of an application for a sexually oriented business license, the Village’s Code Enforcer or its designee shall promptly request that the Police Department of the Village of Bellaire review the information provided in the application concerning the criminal background of the applicant(s) and that the Police Department of the Village of Bellaire shall transmit the results of its investigation in writing to the Village of Bellaire’s Code Enforcer or its designee within five (5) days of the completion of its investigation.

(b) Within five (5) days of receipt of an application for a sexually oriented business, the Village of Bellaire’s Code Enforcer or its designee shall notify the Fire Chief having jurisdiction in the Village of Bellaire of such application. In making such notification, the Village of Bellaire’s Code Enforcer or its designee shall request that the Fire Chief promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.

(c) The Fire Chief shall provide to the Code Enforcer of the Village of Bellaire or its designee a written certification of whether the premises are in compliance with Fire Regulations within ten (10) days of receipt of notice of the application.

(d) The Village of Bellaire’s Code Enforcer or its designee shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of the application, and shall complete, within ten (10) days after receipt of the application, a written certification of whether the premises are in compliance with the Village of Bellaire’s Zoning Ordinance, the Village of Bellaire’s Property Maintenance Code, and the provisions of this chapter related to physical characteristics of the premises, and whether the Village of Bellaire has received notice from any state or county agency of the premises being in violation of any applicable state building or property codes.

(e) Within twenty-one (21) days after receipt of a completed sexually oriented business license application, the Village of Bellaire’s Code Enforcer or its designee shall approve or deny the issuance of a license. The Village of Bellaire’s Code Enforcer or its designee shall approve the issuance of a license to an applicant unless he/she determines that one or more of the following findings is true:

(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose its social security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, § 7(a)(1).
(3) An applicant has, within the preceding twelve (12) months, been denied a sexually oriented business license by any jurisdiction or has had a license to operate a sexually oriented business revoked by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in this chapter.
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of this chapter, the Village of Bellaire’s Zoning Ordinance, the Village of Bellaire’s Property Maintenance Code, or state statute or regulation.
(6) The application and investigation fee required by this chapter has not been paid.
(7) An applicant is in violation of or not in compliance with any provision of this chapter, except as provided in subsection (f) of this section.

(f) If the Village of Bellaire’s Code Enforcer or its designee determines that one or both of the following findings is true, the license issued pursuant to this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:

(1) The results of inspections of the premises by the Fire Chief or its designee or the Health Commissioner or its designee indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions.
(2) An applicant is overdue in payment to the Township of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business, which are not the subject of a pending appeal or other legal challenge.

(g) A sexually oriented business license shall state on its face the name of the applicant, the expiration date, and the address of the licensed sexually oriented business. All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.

(h) The Village of Bellaire’s Code Enforcer or its designee shall advise the applicant in writing within three (3) days of the Village of Bellaire’s Code Enforcer’s decision of the reasons for any license denial. If the Village of Bellaire finds, subsequent to denial, that the basis for the denial of the license has been corrected or abated, the applicant may reapply.
(Ord. 2012-08. Passed 11-1-12.)

785.06 EMPLOYEE LICENSE APPLICATION.

(a) An application for an Employee license shall be submitted to the Village of Bellaire’s Code Enforcer or its designee on a form provided by the Village of Bellaire’s Code Enforcer. The application may request, and the applicant shall provide, such information as reasonably necessary (including fmgerprints) to enable the Village of Bellaire to determine whether the applicant meets the qualifications established in this chapter.

(b) An application for an employee license shall be completed according to the instructions of the application form, which shall require the following:

(1) State the applicant’s name and any other names (including “stage” names) or aliases used by the applicant.
(2) State the applicant’s date and place of birth.
(3) State the applicant’s height, weight, and hair and eye color.
(4) Submit a recent photograph of the applicant, taken by the Village of Bellaire’s Code Enforcer, which clearly shows the applicant’s face.
(5) Submit the applicant’s fingerprints, recorded by the Village of Bellaire’s Code Enforcer.
(6) Describe and identify the location of any tattoos on the applicant’s face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.
(7) State the applicant’s present residence address and telephone number.
(8) State the applicant’s present or intended business address and telephone number.
(9) State the applicant’s driver’s license number and Social Security number.
(10) Submit proof that the applicant is at least eighteen (18) years old.
(11) Provide a statement detailing the sexually oriented business-related license history of the applicant for the five (5) years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business, in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business-related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation, or suspension.
(12) State whether the applicant has been convicted of a specified criminal activity as defined in this chapter and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.
(13) The above-required disclosures facilitate the police investigation into the applicant’s criminal background regarding crimes of a sexual nature so that the Village of Bellaire can determine whether the chapter’s civil disabilities provisions apply. Such provisions exist to combat the sex crimes connected with sexually oriented establishments by temporarily prohibiting those recently convicted of such crimes from employment with those establishments. In addition, the required disclosures ensure continuing compliance with this chapter’s licensing and permitting requirements.
(14) The information gathered pursuant to the above provisions constitutes protected private information and is exempt from Ohio’s Public Records Act in accordance with the decision of the Sixth Circuit Court of Appeals in Deja Vu of Cincinnati v. Union Township (6th Cir. 2005), 411 F.3d 777.
(Ord. 2012-08. Passed 11-1-12.)

785.07 ISSUANCE OF SEXUALLY ORIENTED BUSINESS EMPLOYEE LICENSE.

(a) Upon the filing of a completed application for an employee license, the Village’s Code Enforcer or its designee shall issue a license to said applicant immediately.

(b) Within five (5) days of receipt of a completed application for an employee license, the Village’s Code Enforcer or its designee shall request that the Village’s Code Enforcer initiate an investigation of the information provided in the application concerning the criminal background of the applicant. The Village’s Code Enforcer shall document the results of its investigation in writing within five (5) days of the completion of its investigation and transmit this writing to the Village’s Code Enforcer or its designee.

(c) Within ten (10) days after completion of the criminal background investigation of the applicant, the Village’s Code Enforcer or its designee shall either affirm the prior issuance of the license or revoke the license. The Village of Bellaire’s Code Enforcer or its designee shall affirm the prior issuance of a license to an applicant unless he/she determines that one or more of the following findings are true:

(1) The applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose its social security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, § 7(a)(1).
(2) The applicant is under eighteen (18) years of age.
(3) The applicant has been convicted of a specified criminal activity as defined in this chapter.
(4) The employee license is to be used for employment in a business prohibited by local, state, or federal law, statute, rule or regulation.
(5) The applicant has, within the preceding twelve (12) months, been denied an employee license by any jurisdiction or has had an employee license revoked by any jurisdiction.

(d) If the employee license is revoked, the Village’s Code Enforcer or its designee shall advise the applicant in writing within three (3) days of the reason(s) for any such revocation.
(Ord. 2012-08. Passed 11-1-12.)

785.08 EXPIRATION AND RENEWAL OF LICENSE.

(a) Each license issued pursuant to this chapter shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than ninety (90) days and no less than twenty-one (21) days before the expiration date. If application is made less than twenty-one (21) days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.

(b) An application for renewal of a sexually oriented business license shall be submitted to the Village of Bellaire’s Code Enforcer or its designee on a form provided by the Village’s Code Enforcer. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant’s initial license application pursuant to this chapter. Copies of any document or material submitted in connection with the initial license application shall accompany the completed renewal application that has been revised or such application shall be revised to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.

(c) The Village’s Code Enforcer or its designee shall make determinations concerning the approval of license renewals based on the same criteria and time mandates used to evaluate applications for new licenses under this chapter.

(d) The Village’s Code Enforcer or its designee shall advise the applicant in writing within three (3) days of the reason(s) for any denial of a license renewal.

(e) An application for renewal of an employee license shall be submitted to the Village’s Code Enforcer or its designee on a form provided by the Village’s Code Enforcer. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant’s initial license application pursuant to this chapter. Copies of any document or material submitted in connection with the initial license application shall accompany the completed renewal application that has been revised or requires revision to reflect any change in circumstances or conditions.

(f) When the Village of Bellaire denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. However, if the Village of Bellaire finds, subsequent to denial, that the basis for the denial of the renewal license has been corrected or abated, the applicant may reapply prior to the expiration of the one year period.
(Ord. 2012-08. Passed 11-1-12.)

785.09 SUSPENSION.

(a) The Village of Bellaire shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee:

(1) Has violated or is not in compliance with any section of this chapter; or
(2) Has knowingly allowed an employee to violate or fail to comply with any section of this chapter.

(b) The Village of Bellaire shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if it determines that a licensee or its employee or agent has refused to allow, or has prohibited or has interfered with, an inspection of the licensed sexually oriented business premises as authorized by Section 785.05(b) and (c) or any other reasonable inspection.

(c) The Village of Bellaire shall suspend an employee license for a period not to exceed thirty (30) days if it determines that a licensee has violated or is not in compliance with any section of this chapter.

(d) The Village’s Code Enforcer or its designee shall advise the licensee in writing within three (3) days of the reason(s) for any suspension.
(Ord. 2012-08. Passed 11-1-12.)

785.10 REVOCATION.

(a) The Village of Bellaire shall revoke a sexually oriented business license or employee license if a cause of suspension under this chapter occurs and the license has been suspended two times within the preceding twelve (12) months.

(b) The Village of Bellaire shall revoke a sexually oriented business license if it determines that:

(1) A licensee failed to provide all information and documents required for issuance of the license as requested on the application form, or provided information or documents as requested on the application that are false;
(2) The licensee(s) failed to comply with any requirement stated in the license, pursuant to this chapter, to correct specified deficiencies within 120 days;
(3) A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
(4) A licensee has knowingly allowed prostitution, solicitation, or the commission of a felony on the premises;
(5) A licensee knowingly operated the sexually oriented business during a period of time when the licensee’s license was suspended;
(6) A licensee has knowingly allowed any act of specified sexual activity, as defined in this chapter, to occur in or on the licensed premises;
(7) A licensee has been convicted of a specified criminal activity, as defined in this chapter, during the term of the license; or
(8) A licensee is delinquent in payment to the Township, County, or State for any taxes or fees that were assessed or imposed in relation to any business.

(1) The licensee failed to provide all information and documents required for issuance of the license as requested on the application form, or provided information or documents as requested on the application that are false;
(2) The licensee has knowingly acted as an employee on the premises of a sexually oriented business during a period of time when the licensee’s license was suspended; or
(3) The licensee has been convicted of a specified criminal activity, as defined in this chapter during the term of the license.

(d) The Village’s Code Enforcer or its designee shall advise the licensee in writing within three (3) days of the reason(s) for any revocation.

(e) When the Village of Bellaire revokes a license pursuant to subsection (a),(b)(3)-(7), (c)(2) or (3) above, the licensee shall not be issued another license for one (1) year from the date the revocation became effective.

(f) When the Village of Bellaire revokes a license pursuant to subsections (b)(1), (b)(8) or (c)(1) above, the applicant may be granted a license if the basis for the revocation has been corrected or abated and at least thirty (30) days have elapsed since the date the revocation became effective. (Ord. 2012-08. Passed 11-1-12.)

785.11 APPEAL RIGHTS.

(a) Any denial, suspension, or revocation of a license under this chapter may be appealed to the legislative authority of the Village of Bellaire by written notice within ten (10) days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the legislative authority of the Village of Bellaire must hold a hearing on the appeal within twenty-one (21) days and must issue a decision affirming or reversing the denial, suspension, or revocation within five (5) days after the hearing. During the time between the date of the denial, suspension, or revocation of a license and the date of the legislative authority of the Village of Bellaire decision affirming or reversing the denial, suspension, or revocation, the status quo of the license holder or applicant shall be maintained.

(b) In the event that the legislative authority of the Village of Bellaire denies, suspends, or revokes a new or renewal license under this chapter, or any action taken on an appeal that is provided by this chapter, the applicant may pursue an appeal to the Belmont County Court of Common Pleas pursuant to Ohio R.C. Chapter 2506. The failure of the legislative authority of the Village of Bellaire to render a decision on the application within the time prescribed in Section 785.09(a) above shall be considered an affirmance of the denial, suspension, or revocation of the license and the applicant may pursue an appeal to the Belmont County Court of Common Pleas pursuant to Ohio R.C. Chapter 2506. This appeal provision is intended to comply with the requirement for prompt judicial review stated by the United States Supreme Court in Township of Littleton, Colorado v. Z. J. Gifts D-4 (2004), 541 U.S. 774.

(c) Any licensee lawfully operating a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the legislative authority of the Village of Bellaire of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to subsection (b) above.

(d) Any licensee lawfully acting as an employee in a sexually oriented business prior to the denial of a license renewal application, or the suspension or revocation of a license, shall retain said license and all privileges attendant thereto, subject to all other terms of this chapter, so that the status quo of the licensee is maintained during the pendency of an appeal to the legislative authority of the Village of Bellaire of a decision rendered under this chapter and during the entire time required for the court to rule on the appeal pursuant to subsection (b) above.

(e) In the event that any judicial review of the denial of a new or renewal license application or the revocation or suspension of a license is still pending thirty (30) days before the expiration date of any license, the licensee may file a renewal license application with the Village’s Code Enforcer or its designee pursuant to this chapter. In the event that an application for renewal of a license is denied and the applicant seeks judicial review of that denial, the Village of Bellaire has the right to consolidate such review with any pending judicial actions in regards to the previous denial, suspension or revocation of a license.

(f) If, during the pendency of any appeal pursued under subsection (b) above, there are additional denials of a renewal license application or suspensions or revocations of that license, the Village of Bellaire has the right to consolidate the appeal pursued under subsection (b) above for the additional denials, suspensions or revocations with any pending appeal for that same licensee.
(Ord. 2012-08. Passed 11-1-12.)

785.12 TRANSFER OF LICENSE.

(a) A sexually oriented business license is not transferable from one licensee to another or from one location to another. Any purported transfer of a sexually oriented business license shall automatically and immediately revoke that license.

(b) An employee license is not transferable from one licensee to another, but the use of the license by the individual to whom it was issued may be transferred from one licensed sexually oriented business to another such licensed establishment during the term of the license, provided that the licensee gives written notice of such transfer to the Village’s Code Enforcer or its designee within fifteen (15) days of such transfer.
(Ord. 2012-08. Passed 11-1-12.)

785.13 ADDITIONAL REGULATIONS CONCERNING THE OPERATION OF A SEXUALLY ORIENTED BUSINESS.

(a) Sexual Activity, Live Entertainment and Performances.

(1) No person shall, in a sexually oriented business, appear before a patron or patrons in a state of nudity, regardless of whether such public nudity is expressive in nature.
(2) Any employee appearing on the premises of a sexually oriented business in a state of semi-nudity, as defined by this chapter, must be on a stage that is at least twenty-four (24) inches from the floor, and at a distance at least thirty-six (36) inches from all parts of a clearly designated area in which patrons will be present.
(3) All live entertainment and performances in a sexually oriented business must take place on a stage that is at least twenty-four (24) inches from the floor and a distance of at least thirty-six (36) inches from all parts of a clearly designated area in which patrons will be present.
(4) The interior of the premises shall be configured in such a manner that there is a an unobstructed view from an operator’s station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. If the premises has two (2) or more operator’s stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the operator’s stations. It is the duty of the operator to ensure that at least one employee is on duty and situated in an operator’s station at all times that any patron is on the portion of the premises monitored by the operator station. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.
(5) No employee shall knowingly or intentionally, in a sexually oriented business, appear within view of any patron in a nude or semi-nude condition unless the employee, while nude or semi-nude, shall be and remain at least six (6) feet from all patrons.
(6) Employees in a sexually oriented business shall maintain a minimum distance of five (5) feet from areas on the business premises occupied by patrons for a minimum of sixty (60) minutes after the employee appears in a nude or seminude condition within view of any patron. This regulation is not intended to prohibit ingress or egress from the premises. It is intended to control illicit sexual contact and reduce the incidents of prostitution occurring in the establishments.
(7) No patron who is not a member of the employee’s immediate family shall knowingly touch an employee while that employee is nude or seminude or touch the clothing of any employee while that employee is nude or semi-nude.
(8) No employee who regularly appears nude or seminude on the premises of a sexually oriented business and while nude or seminude, shall knowingly touch a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or the clothing of a patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family or allow the patron who is not a member of the employee’s immediate family or another employee who is not a member of the employee’s immediate family to touch the employee or the clothing of the employee.
(9) The provisions of subsections (a)(1)-(8) shall not apply to an employee’s use of any restroom or any single-sex dressing room that is accessible only to employees.
(10) In addition, subsections (a)(1)-(8) shall not apply to live performances in which the patron and employee are separated by an impenetrable barrier such as, but not limited to, glass or Plexiglas.

(b) Minors Prohibited. No person under the age of 18 years shall be permitted on the premises of a sexually oriented business.

(c) Hours of Operation. No sexually oriented business shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day, except that a sexually oriented business that holds a liquor permit pursuant to Ohio R.C. Chapter 4303 may remain open until the hour specified in that permit if it does not conduct, offer, or allow sexually oriented business activity in which the performers appear nude.
(Ord. 2012-08. Passed 11-1-12.)

CODIFIED ORDINANCES OF BELLAIRE – PART SEVEN

PART SEVEN – BUSINESS REGULATION CODE

CHAPTER 701Advertising

CHAPTER 709Billiards, Pool, Bowling and Skating

CHAPTER 715Carnivals

CHAPTER 721Garage Sales

CHAPTER 727Hotels, Motels and Tourist Courts

CHAPTER 733Junk or Salvage Yards

CHAPTER 739Mechanical Amusement Devices

CHAPTER 745Peddlers and Itinerant Vendors

CHAPTER 769Taxicabs

CHAPTER 775Trailers and Trailer Camps

CHAPTER 779Contractors

CHAPTER 785Sexually Oriented Businesses

CHAPTER 701
Advertising

CHAPTER 709
Billiards, Pool, Bowling and Skating

CHAPTER 715
Carnivals

CHAPTER 721
Garage Sales

CHAPTER 727
Hotels, Motels and Tourist Courts

CHAPTER 733
Junk or Salvage Yards

CHAPTER 739
Mechanical Amusement Devices

CHAPTER 745
Peddlers and Itinerant Vendors

CHAPTER 769
Taxicabs

CHAPTER 775
Trailers and Trailer Camps

CHAPTER 779
Contractors

CHAPTER 785
Sexually Oriented Businesses