Part 7 Business Regulation Code - Title 1 Business Regulations
- Chapter 701 General Licensing Provisions
- Chapter 709 Commercial Amusements
- Chapter 719 Rubbish Haulers
- Chapter 723 Solicitations at Residences
- Chapter 735 Abandoned Service Stations
- Chapter 741 Adult Cabaret Businesses
Chapter 701 General Licensing Provisions
Section 701.01 Licenses Required; Nontransferability
- No person shall engage in any of the trades, businesses or professions for which licenses are required by this Code, or by any other City ordinance without first applying for and obtaining a license from the Division of Permits and Inspection or other duly authorized issuing authority.
- Every license shall be issued to a real party in interest in the enterprise or business and unless otherwise provided, no license shall be assigned or transferred.
Section 701.02 License Application; Renewal; Fee
- Application. All original applications for licenses, unless specifically otherwise provided, shall be made to the Division of Permits and Inspection, in writing, upon forms to be furnished by the Division and shall contain:
- The name of the applicant and of each officer, partner or business associate;
- The present occupation and place of business of applicant and of each person identified in subsection (a)(1) hereof;
- Place of residence for five years next preceding the date of application;
- The nature and location of the intended business or enterprise;
- The period of time for which the license is desired;
- If for a vendor, a description of the merchandise to be sold;
- Such other information concerning the applicant and his business as may be reasonable and proper, having regard for the nature of the license desired.
- Renewal. Renewal of an annual license may be granted to a licensee in good standing upon the original application, unless otherwise provided.
- Fee. With each original or renewal application, the applicant shall deposit the fee required for the license requested.
- False Statement. No person shall knowingly make any false statement or representation in the application.
Section 701.03 License Issuance
Upon receipt of application for a license, accompanied by the proper fee, if approval by another officer or department is not required, the Superintendent of Permits and Inspection, shall forthwith deposit the fee in the Treasury and issue to the applicant a proper license certificate signed by him. If for any reason the license is not issued, the deposit, less one dollar ($1.00) to cover expenses of considering the application, shall be returned to the applicant.
Section 701.04 License Date and Duration
A license shall not be valid beyond the expiration date therein specified and, unless otherwise provided, shall not extend beyond December 31 of the year issued; except that at any time after December 14, licenses may be issued for the ensuing calendar year. Unless otherwise specified the full annual fee will be required of licenses, irrespective of the date of issue of the license.
Section 701.05 Display of License Certificate
Every license carrying on business at a fixed location shall keep the license certificate posted in a prominent place upon the premises. Other licensees shall carry their license certificates at all times and shall exhibit the same whenever requested by any officer or citizen.
Section 701.06 Revocation or Suspension
- Any license may be revoked by the Mayor at any time for conditions or considerations which, had they existed at the time of issuance, would have been valid grounds for its denial; for any misrepresentation of a material fact in the application discovered after issuance of the license; for violation of any provision of this chapter or other law or ordinance relating to the operation of the business or enterprise for which the license has been issued; or upon conviction of a licensee for any Federal, state or municipal law or ordinance involving moral turpitude. Revocation shall become effective upon notice served upon such licensee or posted upon the premises affected.
- As a preliminary to revocation, the Mayor may issue an order suspending the license, which shall become effective immediately upon service of written notice to the licensee. Notice shall specify the reason for suspension, and may provide conditions under which reinstatement of the license may be obtained. Upon compliance with such conditions within the time specified, the license may be restored.
Section 701.07 Appeal and Review
In case any applicant has been denied a license, of if his license has been revoked or suspended, the applicant or licensee, as the case may be, shall within three business days have the right to appeal to Council from the denial, revocation or suspension. Notice of appeal shall be filed in writing with the Clerk of Council who shall fix the time and place for hearing, the same to be not later than one week thereafter. The Clerk shall notify the Mayor and all members of Council of the time and place of such hearing not less than twelve hours in advance thereof. Three members of Council shall constitute a quorum to hear an appeal. The appellant may appear and be heard in person or by counsel. If, after hearing, a majority of the members of Council present at the meeting declares in favor of the applicant, the license shall be forthwith issued or fully reinstated as the case may be; otherwise the order appealed from shall become final.
Section 701.99 Penalty
Whoever violates any provision of this chapter is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
Chapter 709 Commercial Amusements
Section 709.01 Circuses, Menageries, Carnivals; Licenses
- Licenses. Each person, desiring to conduct, stage or give a circus, menagerie, carnival, side show, musical or minstrel entertainment, for which money or reward is demanded or received, shall first obtain a license and pay the license fee or fees provided herein.
- Mayor's Approval. The applicant for a license to conduct, stage or give an exhibition shall give at least one week's notice in writing to the Mayor, stating the dates of the performances and the location at which they are to be presented. The Mayor shall give his consent to the issuance of the license if he deems the location suitable for the purpose, that it will properly accommodate the patrons, that the nature of the performance or exhibition is morally proper and the use of the location will not throw too great a burden upon the Police and Fire Divisions.
- Special Exceptions. No circus, menagerie, or carnival shall be given for more than two consecutive days, except in cases where Council, by special resolution, allows a longer period or where such an exhibition is to be conducted on City property, and the use thereof for a longer period has been approved by Council.
Section 709.02 Application Deposit
At the time application for a license is made, where use of City grounds is contemplated, the applicant shall deposit with the City a cash bond of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), conditioned upon the restoration and cleaning up of the grounds in a manner satisfactory to the Mayor. In the event the grounds are restored and cleaned up properly following the exhibition, the deposit shall be returned; otherwise the same shall be forfeited to the City.
Section 709.03 License Fees
The license fee shall be as follows: for each circus, carnival, side show, musical entertainment or exhibition, twenty-five dollars ($25.00) for the first day and ten dollars ($10.00) for each day thereafter. The fee shall not amount to more than fifty dollars ($50.00) in any one week.
Section 709.04 License Fee Waiver
The Mayor, in his discretion, may grant, without cost, a license for the holding of a circus, carnival, side show or entertainment for not more than six consecutive days, where all of the performances are fostered and supervised by civic interests and a substantial part of the funds derived therefrom is expended for charitable or civic purposes.
Section 709.99 Penalty
Whoever violates any provision of this chapter is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which an offense occurs or continues.
Chapter 719 Rubbish Haulers
Section 719.01 Purpose and Policy
The purpose of this Chapter is to protect the public, health, safety, and welfare by regulating the accumulation, storage, transportation, and disposal of refuse and recyclable materials to prevent conditions that may create fire, health, or safety hazards, harbor undesirable pests, or impair the aesthetic appearance of the neighborhood. The City Council shall use every means at its disposal, including its police powers, for the enforcement of this Chapter.
Section 719.02 Definitions
The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section:
- “City” means the City of North Canton.
- “Collector” means the person or entity providing collection services.
- “Commercial Customers” means any premises utilizing collection service where a commercial, industrial or institutional enterprise is carried on, including, without limitations, retail establishments, restaurants, hospitals, schools, day care centers, office buildings, nursing homes, clubs, churches, and public facilities.
- “Curbside” means at or near the perimeter of the premises, whether or not there is a curb, but does not mean or permit placement on the sidewalk or in the street. If the curb and any sidewalk are of unitary construction, the term means behind the sidewalk.
- “Curbside Collection” means the collection of solid waste or recyclables placed at the curbside location or within the dumpster site.
- “Hazardous Waste” means solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:
- Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or,
- Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed.
- “Household Recycling Container” means any bag, bin-type containers, carts, or bulk-volume dumpsters, and plastic receptacles used for storing and setting out recyclable materials.
- “Recyclable Materials” means materials which have been separated from solid waste and can be recovered as useful materials and are properly prepared for the purpose of recycling, provided that such materials have been designated by the Director of Administration as recyclable.
- “Recycling” means the process of recovering useful materials from solid waste, including items for reuse.
- “Refuse” means solid waste.
- “Residential Customers” means residential properties for which there is a curbside collection system for the collection of solid waste.
- “Service” means collecting, transporting or disposing of solid waste or recyclable materials.
- “Solid Waste” means all putrescible and nonputrescible waste, excluding discarded or abandoned vehicles or parts thereof, sewage, sludge, septic tank, and cesspool pumpings or other sludge, paint, household chemicals, hazardous wastes, demolition and construction debris, and recyclable materials which have been source separated for collection.
- “Solid Waste Collector” mean the person or entity who provides solid waste and recyclable materials collection service on a regular, recurring schedule.
- “Source Separation” means to separate recyclable materials from solid waste at the waste source.
- “Storage Area” means the interior of a garage, shed, commercial building, or a location to the rear of a residential or commercial building that is shielded from the view of adjoining property owners by natural buffering, or a constructed enclosure.
Section 719.03 License Requirement
- License Required. No person shall operate as a solid waste collector within the corporate limits of the City without first obtaining a collection license for such activity.
- Exceptions. The following persons or entities are not required to obtain a solid waste collection license:
- A civic, community, benevolent, or charitable nonprofit organization that collects, transports, and markets recyclable materials solely for the purpose of raising funds for a charitable, civic, or benevolent activity.
- A person who transports solid waste or recyclable materials produced by himself/herself.
- A property owner or agent thereof who transports solid waste or recyclable materials left by a tenant upon such owner's property, so long as such property owner does not provide solid waste collection service for compensation for tenants on a regular or continuing basis.
- A demolition or construction contractor or landscaper who produces and transports solid waste in the course of such occupation, where the solid waste is merely incidental to the particular demolition or construction work being performed by such person.
Section 719.04 Application for License
Any person, firm, or corporation desiring to obtain a license to engage in the business of solid waste collection shall make written application to the Superintendent of Permits and Inspection on forms provided by the City. The application shall include, without limitation, the following information:
- The name, address, phone, and email of the applicant.
- Name, address, phone, and email of business (if different).
- A list of vehicles owned and/or operated by the applicant directly in the collection of solid waste and/or recyclables within the City, including vehicle make, year, cubic yard capacity, Ohio license plate number, and empty tare weight.
- A list of commercial customers for whom the applicant has provided, or is currently providing solid waste, or recyclable materials collection services.
Section 719.05 License Requirements; Fees and Insurance
Upon approval of a license application, but prior to issuance, the collector shall furnish to the Superintendent of Permits and Inspection the following:
- A license fee in the sum of one hundred fifty dollars ($150.00) for each vehicle to be used in the business for the purpose of the collection of solid waste or recyclable materials.
- Proof that the collector has obtained a general comprehensive liability/vehicle insurance policy protecting the collector from all claims for damage to property or for bodily injury, including death, which may arise from operations under or in connection with this license and providing limits of coverage of not less than five hundred thousand ($500,000) dollars for bodily injury and property damage per occurrence or in the aggregate.
- A bond in the amount of ten thousand ($10,000) dollars payable to the City of North Canton and conditioned upon full performance of the provisions of this Chapter, and further conditioned that the licensee will hold the City of North Canton harmless of all claims, by reason of any refuse being thrown or deposited on the streets, or any place within the City by the licensee, his agents or employees.
Section 719.06 Term of License
All licenses issued pursuant to this Chapter shall run from the date of the issuance until the 31st of December of the year in which such license is issued. All licenses shall expire on December 31 of each year. Licenses are not transferable.
Section 719.07 Equipment
- Each vehicle in the solid waste or recyclable materials collection business shall bear the name and phone number of licensed collector providing said service.
- All commercial solid waste containers shall bear the name and phone number of the contracted collector.
- The Director of Administration shall reserve the option to cause periodic inspection of all licensed collectors’ equipment, including vehicles and refuse containers, utilized within the City, to insure their safe, sanitary, and aesthetic condition. It shall be the responsibility of collectors to maintain their equipment in a safe, sanitary, and sightly condition.
Section 719.08 Hours of Operations
No collector shall operate any vehicle for the purpose of collection of solid waste or recyclable materials between the hours of 7:00 p.m. and 6:00 a.m.
Section 719.09 Collection and Disposal of Solid Waste
- The occupant and the owner of any premises wherein any refuse is produced or accumulated shall be jointly and severally responsible to provide for collection service and removal of refuse to the degree of service necessary to maintain the premises in a clean and orderly condition. They shall not contract or arrange for such collection and removal except with solid waste collectors licensed by the City. An individual may dispose of his or her own refuse, provided that it is disposed of at any disposal site which is approved by the State, in conformity with all City and County regulations.
- All moveable refuse containers and recyclable materials shall be kept in the storage area except on collection day, or within twenty-four (24) hours preceding the time of regularly scheduled collection from the premises, when they may be placed at the curb or upon the edge of the alley. Following collection, they shall be returned to the storage area the same day. Refuse containers and recyclable materials shall not, at any time, be placed on the sidewalk or in the street, or in a manner as to impair or obstruct pedestrian, bicycle or vehicle traffic.
- If plastic bags are used as refuse containers, they must be securely tied and sealed to prevent emission of odors, be of a material impenetrable by liquids and grease, and be of sufficient thickness and strength to contain the refuse enclosed without tearing or ripping under normal handling.
- Participants in the Curbside Leaf Recycling Program will not be subject to the twenty-four (24) hours preceding the time of regularly scheduled collection from the premises clause, pursuant to Section 719.09(b).
Section 719.10 Tampering with Refuse Container Prohibited
- No person other than the owner, or the agents or employees of such owner, or a person holding a license from the City for the collection and disposal of refuse, or law enforcement personnel, shall tamper with any refuse container, or its contents, or remove the contents of any refuse container, or remove a refuse container from the location where the same has been placed by the owner.
- No owner of any dog, cat or other pet shall permit, whether by act or omission, that pet to damage or open any refuse container or scatter the contents.
Section 719.11 Hazardous Waste Disposal
No person shall place hazardous waste in solid waste containers for collection, or bury or otherwise dispose of hazardous waste in or on private or public property within the City. Residents may contact the County Solid Waste District for recommendations on disposal of hazardous waste. Highly flammable or explosive materials shall be stored and disposed of in accordance with the North Canton Fire Department regulations at the expense of the owner or possessor of such materials. Except in response to an emergency and under order and direction of the North Canton Fire Department, in no event shall toxic or flammable liquids, or any waste liquid containing crude petroleum or its products, be disposed of by discharge into or upon any gutter, street, alley, highway, or storm water facility, lake, or other watercourse, or upon the ground.
Section 719.12 Refuse Containment in Transit
No person shall collect, transport or receive any solid waste within the City except in leak proof containers or vehicles so constructed that no refuse can leak or sift through, fall out or be blown from such containers or vehicle. Any person collecting or transporting any refuse shall immediately pick up all refuse which drops, spills, leaks or is blown from the collecting or transporting container or vehicle and shall otherwise clean the place onto which any such refuse was so dropped, spilled, leaked or blown.
Section 719.13 Property Owners have Ultimate Responsibility for Violations
Each property owner remains liable for violations of responsibilities imposed upon an owner by this Chapter, even though an obligation is also imposed on the occupant of the premises, and even though the owner has, by agreement, imposed on the occupant, the duty of maintaining the premises or furnishing required refuse containers and collection.
Section 719.14 Implementation
The Director of Administration may adopt such other rules and regulations concerning the collection, removal, and hauling of refuse, recyclables, and yard waste as may be necessary to implement the provisions of this Chapter and not in conflict with such provisions.
Section 719.15 Violations and Penalties
Violation of any provision of this Chapter constitutes a minor misdemeanor. In addition, a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
Chapter 723 Solicitations at Residences
Section 723.01 Definitions
As used in this chapter:
- "Canvassing" or "soliciting" unless expressly provided for otherwise, means traveling from residence to residence within the Municipality, without having a previous appointment to visit the residence or residences visited for the purpose of exposing or offering for inspection or sale, goods, wares, merchandise, foodstuffs or any other property, tangible or intangible, of any nature whatsoever, or services, or for the purpose of taking or attempting to take orders for the purchase of goods, wares, merchandise, foodstuffs or other property, tangible or intangible, of any nature whatsoever, for future delivery, or of services to be furnished or performed in the future. "Canvassing" or "soliciting" also means the soliciting of funds or other property for charitable or other purposes anywhere within the Municipality. The solicitation by a minor newspaper carrier of customers for a newspaper which he regularly delivers or will regularly deliver shall not be included in this definition.
- "Canvasser" or "solicitor" means any person 13 years of age or older who engages in canvassing or soliciting.
Section 723.02 Registration Required
- No person shall canvass or solicit within the Municipality without first registering with the Superintendent of Permits and Inspection. A separate registration must be made for every solicitor, agent or employee soliciting within the Municipality.
- A person canvassing or soliciting within the Municipality for the exclusive purpose of proselytizing a religion or providing information in respect to a religion shall be exempt from the registration requirement of this chapter.
- Any person, who by state or federal law or constitutional provision has been exempted from regulation in canvassing or soliciting as defined herein and offers to the Superintendent of Permits and Inspection satisfactory evidence thereof, shall be exempt from the registration requirements of this chapter.
Section 723.03 Application for Certificate; Fees; Duration; Exemptions
- Each applicant for a certificate of registration shall, not less than forty-eight hours nor more than five days prior to the commencement of solicitation furnish the Superintendent of Permits and Inspection with the following information:
- Name, age and physical description of applicant.
- Complete permanent and local address of applicant.
- Name and address of the person, firm, corporation or association for whom the solicitation is presently being made and any other person, firm, corporation or association for whom the applicant has solicited during the past three (3) years.
- A description of the nature of the business and the goods, services or wares to be sold or otherwise sufficient to identify the subject matter of the soliciting in which the applicant will engage.
- The names of all other municipalities in which the applicant has conducted soliciting activities during the past six (6) months.
- Whether the applicant has complied with the requirements of Ohio R.C. Chapter 1716 pertaining to charitable solicitations if applicable.
- Whether the applicant has ever been denied a license or permit to solicit or had such license or permit revoked, including the time and place of such denial or revocation.
- Whether the applicant has ever been convicted of a felony violation or a misdemeanor violation involving moral turpitude including the time and place of such conviction.
- The proposed dates and times of the solicitation and routes to be followed in conducting same.
- The make, model, year, color and license plate number of automobiles used by the applicant during the period of solicitation within the Municipality, and the number of the applicant’s drivers license and state of issuance.
- Each applicant shall, prior to receiving a registration certificate, pay a registration fee of $75.00 per company for up to five solicitors; $10.00 for each additional solicitor.
- Any charitable organization is exempt from paying the registration fee set forth herein. The term “charitable organization” is defined to mean and include any patriotic, philanthropic, religious, social service, welfare, benevolent, educational, civil or fraternal organization, either actual or purported. The registration certificate for a charitable organization solicitor automatically expires on December 31 of the year of issue.
- A registration certificate shall expire ten (10) working days after its date of issue.
Section 723.04 Issuance of Certificate
After completion of the application form provided in Section 723.03, and after investigation, the Superintendent of Permits and Inspection shall issue a certificate of registration to the applicant unless it has been determined:
- That the applicant has made a false, misleading or deceptive statement in providing the information required under Section 723.03.
- That the applicant has been convicted of a felony violation or misdemeanor violation involving moral turpitude during the past five years.
- That the applicant has not supplied all requested information.
No registration certificate issued hereunder shall be assigned or transferred to any other person.
Section 723.05 Restrictions
Every person to whom a registration certificate is issued under the terms of this chapter shall be governed by the following rules and regulations
- All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure place on the premises.
- No person subject to the provisions of this chapter shall canvass or solicit, except between the hours of 10:00 a.m. and 7:00 p.m. or sunset whichever occurs earlier in time.
- No canvasser or solicitor shall enter or attempt to enter the house or apartment of any resident in the Municipality without an express invitation from the occupant of the house or apartment.
- No person subject to the terms of this chapter shall make any false, fraudulent, misleading or deceptive statement during the course of that person's soliciting activity within the Municipality.
- No person subject to this chapter shall make any solicitation where solicitors are notified by signs that soliciting is prohibited as provided in Section 723.06.
- No canvasser or solicitor shall engage in or transact any type of business or solicitation other than that specified on the registration certificate.
Section 723.06 Trespassing in Violation of Posted Signs
No person, while engaged in any profit or nonprofit solicitation, shall knock at the door or ring the bell of any home, apartment, apartment building or other dwelling unit in the Municipality upon which is displayed at the entrance a notice which reads "No Peddlers or Solicitors Allowed" or which otherwise clearly purports to prohibit peddlers or solicitors on the premises, unless such peddler or solicitor is, or has been invited upon the premises by the owner, lessee or occupant thereof.
Section 723.07 Revocation of Certificate
A certificate of registration issued under this chapter shall be revoked by the Superintendent of Permits and Inspection for any of the following causes:
- It is subsequently determined that the registrant provided false, misleading or deceptive information in completing the application form set forth in Section 723.03.
- The registrant is convicted of a felony violation or misdemeanor violation involving moral turpitude.
- The registrant is convicted of a violation of any provision of this chapter.
Written notice shall be given to the registrant in person or by certified mail immediately upon such revocation.
Section 723.08 Signs to be Posted
The Director of Administration shall cause appropriate signs to be posted at the corporate limits upon all highways indicating the necessity of registration by solicitors and canvassers.
Section 723.99 Penalty
Whoever violates any provision of this chapter is guilty of a misdemeanor of the third degree.
Chapter 735 Abandoned Service Stations
Section 735.01 Definitions
As used in this chapter:
- "Abandoned service station" means an automobile service station where the owner or lessee has failed to operate such station for at least three consecutive months. For the purpose of this chapter and for the service stations construed to be abandoned as of July 25, 1977, the three consecutive month period shall commence to run as of July 25, 1977.
- "Automobile service station" means any site where the buildings are designed, built and operated for the purpose of dispensing and selling fuels for internal combustion engines of any automotive vehicles; except that automobile service station does not include any such facility that has been converted for use for another bona fide business purpose, on and after the date of commencement of such other use.
- "Building" means any above-ground improvement or structure, finished or unfinished which is designed, built or adapted for use as or in connection with an automobile service station, regardless of its size, shape, height, location, age or state of repair, and any above or below-ground storage tanks, pipes, pumps or equipment which have previously contained any flammable substances and all paving placed in connection with the service station.
- "Condition of non-use" means a situation in which
- When all of the subsurface tanks used for storage of flammable substances at an automobile service station site have been permanently filled or removed, the Superintendent of Permits and Inspection may, upon making a finding that the site can no longer be reasonably used for an automobile service station, declare the site and all buildings thereon and therein to be closed, vacant and inoperative and the conditions constitute non-use; or
- After a voluntary discontinuance of an automobile service station as a nonconforming use, the Superintendent of Permits and Inspection may find that such discontinuance constitutes nonuse.
- "Enforcement authority" means the Division of Permits and Inspection.
Section 735.02 Abatement of Nuisance
- Any automobile service station in a condition of nonuse or an abandoned service station is hereby declared to be a public nuisance.
- Upon discovery of facts that there exists conditions constituting a public nuisance, the Superintendent of Permits and Inspection with the approval of the Director of Administration is hereby authorized to immediately commence the proceedings authorized by this chapter, to cause the abatement of such public nuisance in the manner prescribed by this chapter or otherwise prescribed by law.
- Abatement may be accomplished either by:
- Re-occupation by the owner, or any tenant, lessee or other party entitled to possession and reinstitution of the previously permitted automobile service station uses, after having obtained an inspection and all permits required by this chapter, including but not limited to, building permits; or
- Demolition and removal of all buildings on and in the premises and filling of all excavations, after having obtained the applicable permits required for such work, including but not limited to, building permits.
Section 735.03 Abatement Procedure
- Upon discovery of conditions constituting a public nuisance defined in Section 735.02(a), the Superintendent of Permits and Inspection shall give notice to cause abatement. Notification shall be personally served or sent by certified mail to all persons, firms, corporations and other entities which the records of the County Recorder disclose claim an interest in the automobile service station. Notice may also be given in any other manner permitted for service of summons in civil cases.
- Notification shall be in the following form:
NOTICE OF VIOLATION
DECLARING OF VIOLATION OF CHAPTER 735 OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH CANTON, OHIO, RELATING TO THE STATE OF NONUSE OR ABANDONMENT OF SERVICE STATIONS.
Notice is hereby given that as of the day of ,
19 , the Superintendent of Permits and Inspection of the City of North Canton has found and determined that conditions exist on the real property described as , commonly known as , of the City of North Canton, Stark County, State of Ohio, which constitute a public nuisance and a violation of the provisions of Chapter 735 of the Codified Ordinances of the City of North Canton, Ohio, in that the facility on such real property is in a state of nonuse, as defined in Section 735.01(d), or is an abandoned service station, as defined in Section 735.01(a).
That notwithstanding any other provisions of the ordinances and laws of the City of North Canton, failure to abate the nuisance by reoccupation and reinstitution or use of the premises or by demolition and removal of all structures, according to the provisions of Section 735.02(c) of the Codified Ordinances of North Canton within sixty days from the date of delivery of this notice, enforcement proceedings for the abatement of such public nuisance shall be commenced pursuant to the provisions of Section 735.05 of the Codified Ordinances of North Canton.
That if any demolition, dismantling, moving, removal, additions to, or restoration or repair of any buildings, or re-occupancy of the premises is to be accomplished, or if any excavation of earth is to be performed by persons or entities affected by this notice, other than City officials, agents or employees, appropriate permits must be obtained prior to the commencement of any such work.
Notice of any further proceedings to be pursued by the City to abate the aforesaid conditions shall be given in the same manner as service of summons in civil cases.
Section 735.04 Effect of Voluntary Abatement
If the public nuisance is abated by the owner of any service station which is in a condition of nonuse or abandonment within the sixty day period allowed in the notice of violation, the Superintendent of Permits and Inspection shall cease further abatement proceedings.
Section 735.05 Abatement Hearing; City Action; Lien
- Further abatement proceedings shall be pursued by the City when the notice of violation as provided in Section 735.03 has been served and abatement of the public nuisance has not been accomplished within the sixty day period. However, if abatement of the public nuisance has been commenced within the sixty day period, the Superintendent of Permits and Inspection may grant a single extension of time for thirty days for good cause shown such as delays beyond the control of the affected party or parties.
- In the event the owner of a service station which is in a condition of nonuse or abandonment fails to abate the public nuisance within the time allowed, the Superintendent of Permits and Inspection shall cause notification to be personally served or sent by certified mail to the persons, firms, corporations and other entities which the records of the County Recorder disclose claim an interest in the automobile service station. Notice may also be given in any other manner permitted for service of summons in civil cases.
- The notification shall be in the following form:
- NOTICE OF HEARING
ABATEMENT OF PUBLIC NUISANCE
Notice is hereby given that on the day of
, 19 , at the hour of of such day, the Director of Administration of the City of North Canton will hold a public hearing at North Canton City Hall to ascertain whether facilities on certain premises in the City of North Canton described as , commonly known as , constitute a public nuisance and require abatement as prescribed herein.
The conditions which shall be the subject of the public hearing are as follows:
That if the condition of nonuse or abandonment is found to constitute a public nuisance as defined in Section 735.02 of the Codified Ordinances of North Canton, and the public nuisance has not been abated by the owner or owners of such service station, such public nuisance may be ordered by the Director of Administration to be abated by such owner or owners, or may request the Law Department to institute legal proceedings to abate such public nuisance and to have the costs thereof charged to such owner or owners or placed as a lien against the property.
That all persons having any objection to or interest in such matters are hereby notified to attend the meeting stated in this notice, when their testimony and evidence will be heard and given consideration.
- NOTICE OF HEARING
- A copy of the notice of hearing shall be posted conspicuously on each of the premises and buildings affected not less than thirty days before the time fixed for the hearing.
- Notice of hearing shall be served personally, by certified mail, or in any other manner permitted for service of summons in civil cases not less than thirty days before the time fixed for the hearing.
- Notice of hearing shall also be published in a newspaper of general circulation in the City of North Canton for two consecutive weeks prior to the time fixed for the hearing.
Section 735.06 Limitation of Action
Any party aggrieved with the proceedings, decision or action taken by the Director of Administration under Section 735.05 in ordering the abatement of a public nuisance or other order, must bring an action to contest such proceeding, decision, action or order within thirty days after the date of the decision, action or order of the Director of Administration.
Section 735.07 Notification of Future Application
All permits relating to the use, occupancy, construction or repair on or in any real property of any automobile service station and any permit relating to any activities to be pursued thereon or therein, and all zone variances to be granted after December 31, 1986 for real property in which an automobile service station is located shall contain in bold-face type the following statement:
"THIS __________ IS GRANTED SUBJECT TO THE PROVISIONS OF CHAPTER 735 OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH CANTON. A VIOLATION OF THESE PROVISIONS MAY RESULT IN ENFORCEMENT BY PROCEEDINGS FOR BRINGING ABOUT REMOVAL OF ALL BUILDINGS, INCLUDING UNDERGROUND EQUIPMENT AND FOUNDATIONS. NOTHING CONTAINED IN CHAPTER 735 OF THE CODIFIED ORDINANCES SHALL PREVENT APPLICATION OF OTHER PROVISIONS OF THE MUNICIPAL CODE."
Section 735.08 Construction of New Stations
No permits or other authorization for the construction of operation of any new service station shall be granted until the prospective owner of such station has abated any other service station in a condition of nonuse or abandonment which he may own in the City.
Chapter 741 Adult Cabaret Businesses
Section 741.01 Purpose and Intent
It is the purpose and intent of this chapter to regulate adult cabarets to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult cabarets within the City, thereby reducing or eliminating the adverse secondary effects from such businesses. The provisions of this chapter have neither the purposes 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 nor affect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the chapter to condone or legitimize the distribution of obscene material.
Section 741.02 Definitions
- "Adult Cabaret" means a nightclub, bar, restaurant, supper club, lounge or similar establishment in which persons appear in a state of nudity in the performance of their duties.
- "Church" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
- "Nudity" means the showing of either of the following:
- The human male or female genitals, pubic area, or buttocks with less than a fully opaque covering.
- The female breast with less than a fully opaque covering on part of the nipple.
- "Permit" means a permit to operate an adult cabaret establishment, issued pursuant to these regulations.
- "Public Park" means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation or management of the City, county or state.
- "Residential District" means those areas zoned "Residence District" in the City of North Canton Zoning Ordinance (R-70, R-50, R-2F, RMFA and RMFB).
- "Residential Use" means a “dwelling” as defined in the City of North Canton Zoning Ordinance.
- "School" means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. School includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
Section 741.03 Scope of Regulations
These regulations govern adult cabaret establishments within the City of North Canton and the owners, operators, persons in charge, and employees of such establishments.
Section 741.04 Permit Required
- No person shall engage in, conduct or carry on, or permit to be engaged in, conducted or carried on in the City of North Canton, the operation of an adult cabaret without first having obtained a permit from the City.
- A separate permit is required for each location at which an adult cabaret is operated.
Section 741.05 Application for Permit
- Application for an original or renewal permit shall be in writing on forms prescribed by the City of North Canton and shall be filed with the Superintendent of Permits and Inspection.
- An application for a renewal permit shall be filed not later than thirty (30) days prior to expiration of the permit to be renewed.
- All applications shall be filed with the Superintendent of Permits and Inspection.
- A nonrefundable filing fee shall be paid at the time of filing the application as follows:
- $300.00 for an initial permit to operate an adult cabaret and in addition thereto, $20.00 for each background check of the applicant and the employees, conducted by the North Canton Police Department.
- $150.00 for a renewal permit to operate an adult cabaret.
- An application for an initial permit to operate an adult cabaret establishment shall contain the following:
- The address where the adult cabaret establishment is operated or is to be operated;
- The status of the applicant as an individual, partnership, or limited partnership, domestic or foreign corporation, or other entity;
- The full name, residence address, date of birth, and social security number of the applicant or the person applying on behalf of a partnership, corporation, or other entity;
- The full name, residence address, date of birth, and social security number of the applicant or any employees applying on behalf of the adult cabaret;
- If the applicant is a partnership or limited partnership, the name of the partnership; the status of the partnership as a general or limited partnership; the state or other jurisdiction under which it is organized; the address of its principal offices in Ohio; its federal identification number; the name and address, date of birth, and social security number of such partner; and the status of each partner as a general or limited partner;
- If the applicant is a corporation, the name of the corporation; the state or other jurisdiction under which it is organized; the address of its principal office; the address of its principal office in Ohio; its federal identification number; the name and address of its statutory agent in Ohio; and the full name, residence address, date of birth, and social security number of each shareholder holding more than two percent of the applicant’s stock. If any shareholder is a corporation or a general or limited partnership, the same information shall be included for such shareholder as is required for an applicant that is a corporation or general or limited partnership;
- Authorization for an investigation into the background, including any criminal record of the applicant and any person or entity named in the application, including authorization to conduct subsequent investigations, to supplement or update the information;
- The applicant's agreement to abide by these regulations and the laws of Ohio, and any amendments, additions, or reenactment thereof.
Applicants for a permit under this Section shall have a continuing duty to promptly supplement application information required by this Section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the City shall be grounds for suspension of a permit.
Section 741.06 Inspection and Investigation
- Upon receipt of an application for a permit or renewal permit to operate an adult cabaret, the Superintendent of Permits and Inspection shall notify the state or local authorities to conduct building, health and safety inspections of the specified premises, and to determine compliance or noncompliance with applicable building, health and safety codes. Written reports of inspection shall be prepared by the inspectors and filed with the Superintendent within thirty (30) days after receipt of an application for a permit or renewal permit to operate an adult cabaret, and shall become part of the application for a permit.
- Upon receipt of an application for a permit or renewal permit to operate an adult cabaret, the Superintendent shall refer the applicant to the City of North Canton Police Department to be fingerprinted, and to conduct an investigation into the background of the applicant and of other persons or entities named in the application. A written report of the results of the investigation shall be prepared by the investigating officer or agency and filed with the Superintendent within thirty (30) days after receipt of an application for a permit or renewal permit to operate an adult cabaret, and shall become a part of the application for a permit.
Section 741.07 Action on Applications
- The Superintendent shall act on the application within thirty (30) days after the filing of the reports required in Sections 741.05 and 741.06.
- The application will be denied if:
- The application is incomplete, contains any false information or fails to comply with these regulations;
- If the applicant is a limited partnership, corporation or other entity, the applicant is not in good standing in the jurisdiction where organized;
- The operation of an adult cabaret establishment at the specified premises would violate existing zoning restrictions;
- The report of the building, health and safety inspections conducted pursuant to Section 741.06(a) reveal any illegal, unsanitary, unsafe or hazardous condition on the premises subject to the permit or renewal permit or any violation of applicable health or safety codes;
- The applicant for a permit or renewal permit to operate an adult cabaret establishment has failed to cooperate with any required building, health or safety inspection or background investigation;
- The applicant or any person named in the application for a permit or renewal permit to operate an adult cabaret is under age eighteen;
- The applicant or any person named in the application for an initial or renewal permit to operate an adult cabaret within the past five years has been convicted of or pleaded guilty to an offense under Ohio Revised Code Chapter 2907 or substantially equivalent offense under a municipal ordinance in Ohio, or under the laws of another state or territory or of the United States, or under a municipal ordinance in any such jurisdiction;
- The Liquor Control Commission has revoked, under Section 4301.25 of the Revised Code, a permit held by any one of the persons named on the application;
- The applicant has violated these regulations, or aided and abetted any violation of these regulations;
- If the location of the adult cabaret is within one thousand feet from the boundaries of a parcel of real estate having situated on it a school, church, library, public park, tavern, bar, or another adult cabaret;
- If the location of the adult cabaret is within one thousand feet from the boundaries of any residential district or residential use;
- If the building, structure, or portion thereof already contains another adult cabaret, a bar or tavern.
- If the application is denied, the Superintendent shall promptly notify the applicant in writing of the order denying the application. If approved, the Superintendent shall promptly issue to the applicant a permit.
- A permit or renewal permit to operate an adult cabaret establishment shall contain the address of the permit premises, the name and address of the permit holder, and the date of issuance and date of expiration of the permit.
Section 741.08 Expiration of Permit
- A permit to operate an adult cabaret establishment is valid for one year, and expires on the anniversary of the date of issuance, unless sooner revoked as provided in these regulations.
- Application for renewal shall be made at least thirty (30) days before the expiration date, and when made less than thirty (30) days before the expiration date, the expiration of the permit will not be affected.
Section 741.09 Display of Permit
The permit to operate an adult cabaret establishment shall be prominently displayed in an area of the establishment open to the public.
Section 741.10 Revocation of Permit
- The City may at any time revoke a permit issued pursuant to those regulations, on any of the same grounds listed in Section 741.07(b) for denial of the permit. The Superintendent shall promptly notify the permittee in writing of the order of revocation.
- When a permit is revoked, the revocation shall continue for one year.
Section 741.11 Inspections and Investigations
- The City may order a building, health and safety inspection at any time there is reasonable cause to believe that an unsanitary, unsafe, or hazardous condition exits on the premises. The Superintendent shall notify the appropriate authorities or agencies to make such inspections at the designated times. Written reports of inspections shall be filed with the Superintendent.
- City personnel or agents may at all reasonable times inspect permit premises to insure continued compliance with the laws of Ohio and these regulations.
- At any time there is reasonable cause to do so, the City may order a background investigation, including the criminal record, if any, of the permittee, person named in the application for a permit or employee of a permittee. Written report of the investigation shall be filed with the Superintendent.
Section 741.12 Requirements for the Operation of Adult Cabaret Establishment
- The establishment shall be closed all day Sunday and further, shall not be operated between the hours of 1:00 A.M. and 6:00 A.M. Monday through Saturday.
- All parts of the establishment shall, at all times, be maintained in a neat, clean, sanitary and safe condition.
- The owner, operator, or person in charge of the establishment shall allow state or local authorities, including law enforcement officers, access to any and all parts of the premises for the purpose of making any building, health or safety inspection pursuant to these regulations, and shall cooperate in any background investigation.
- No person under age eighteen shall be employed by the establishment in any capacity, whether full-time or part-time, or with or without remuneration or compensation in any form.
- The owner, operator or person in charge of the establishment shall exercise adequate supervision to insure that the employees of the establishment comply at all times with these regulations and the laws of Ohio.
- Exterior painting, buildings and structures shall not be painted or surfaced with garish colors or textures or any design that would simulate a sign or advertising message.
- Advertisements, signs, or any other exhibit depicting adult entertainment activities placed within the interior of buildings or premises shall be arranged or screened to prevent public viewing from outside such buildings or premises.
- No outdoor loudspeakers or other outdoor sound equipment advertising or directing attention to an adult entertainment use is allowed.
- Upon order of the Superintendent, graffiti appearing on any exterior surface of a building or premises, when graffiti is within public view, shall be removed and that surface shall be restored within seventy-two hours of notification to the owner or person in charge of the premises.
- No person shall operate or cause to be operated an adult cabaret business, and knowingly or with reasonable cause to know, permit, suffer, or allow:
- Admittance of a person under eighteen (18) years of age to the business premises unless accompanied by a parent or guardian;
- A person under eighteen (18) years of age to remain at the business premises unless accompanied by a parent or guardian;
- A person under eighteen (18) years of age to purchase goods or services at the business premises without the specific consent of a parent or guardian; or
- If the interior of the premises is visible from outside the premises, so that any matter that is harmful to minors is visible from outside the premises, the owner or manager of the premises shall install opaque covering over all windows through which minors could view any harmful matter and install a privacy curtain at all entrances of the premises through which minors could view any harmful matter.
Section 741.13 Rules Governing Conduct of Employees
- A person under age eighteen (18) shall not accept or continue employment by an adult cabaret establishment, in any capacity, whether full-time or part-time, or with or without remuneration or compensation in any form.
- No employee of the establishment, in the performance of his or her duties, shall do any of the following:
- Place his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the genitals, pubic area, or buttocks of any other person or the breast of any female or, if the employee is a female, of any other female, for the purpose of sexual stimulation.
- Perform, offer, or agree to perform any act that would require the touching of the genitals, pubic area or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female, for the purpose of sexual stimulation.
- Uncover the genitals, pubic area, or buttocks of any other person or the breast of any female or, if the employee is a female, of any other female.
Section 741.14 Measure of Distance
The required minimum distance between any two adult cabaret or to any bar or tavern shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any adult cabaret establishment and any school, public park, church, library, residential district, or residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult cabaret business to the closest property line of school, public park, church, library, residential district, or residential use.
Section 741.15 Records
The Superintendent shall keep a complete record of all documents and proceedings under these regulations, including, without limitation, applications, reports, copies of permits issued, notices, correspondence, Board Proceedings, resolutions and orders, and petitions. All documents shall be endorsed by the Superintendent with the date of filing.
Section 741.16 Deposits and Use of Fees
Fees collected by the City for permits under these regulations shall be deposited in the City general fund.
Section 741.17 Appeals
Any persons adversely affected by an order of the Superintendent denying or revoking a permit to Operate an adult cabaret may appeal from the order of the Superintendent to the Board of Zoning Appeals.
Section 741.18 Severability Clause
If any provision, clause, condition, and/or portions thereof is determined by a court of competent jurisdiction to be unconstitutional, invalid, and/or unenforceable, for any reason, the same shall not effect in any manner the validity, enforcement, and/or constitutionality of any other clause, condition, or portion hereof and the same shall remain in full force and effect.
Section 741.19 Remedies Available to Director of Law
The Director of Law or his designee may institute appropriate legal action, either civil or criminal, as authorized herein, or as may be otherwise available and appropriate either at law or in equity, which may, in the judgment of the Director of Law or his designee, be necessary for the enforcement of any order or orders issued pursuant to this chapter. Any such suits or proceedings are to be brought in the name of the City.
Section 741.99 Criminal Violations
- Whoever engages in, conduct or carry on, or permit to be engaged in, conducted or carried on in the City of North Canton, the operation of an adult cabaret without first having obtained a permit from the City is guilty of a misdemeanor of the first degree.
- Whoever violates any of the following is guilty of a misdemeanor of the third degree.
- If the owner or operator of an adult cabaret located in the City knowingly:
- Refuses to allow appropriate state or local authorities, including police officers, access to the adult cabaret for any building, health or safety inspection, or any other inspection conducted to ensure compliance with the regulations adopted by the City under this Code;
- Operates during the hours designated as prohibited hours of operation;
- Employs any person under the age of eighteen;
- Establishes or operates an adult cabaret within one thousand feet from the boundaries of a parcel of real estate having situated on it a school, church, library, public park, tavern, bar, a "sexually oriented business" or another adult cabaret; or within one thousand feet from the boundaries of any residential district or residential use.
- If an employee of the establishment, in the performance of his or her duties, does any of the following:
- Places his or her hand upon, touch with any part of his or her body, fondle in any manner, or massage the genitals, pubic area, or buttocks of any other person or the breast of any female or, if the employee is a female, of any other female, for the purpose of sexual stimulation;
- Performs, offers, or agrees to perform any act that would require the touching of the genitals, pubic area, or buttocks of any other person or the breasts of any female or, if the employee is a female, of any other female, for the purpose of sexual stimulation;
- Uncovers the genitals, pubic area, or buttocks of any other person or the breast of any females or, if the employee is a female, of any other female.
- If the owner or operator of an adult cabaret located in the City knowingly: