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CITY OF NORTH OLMSTED ORDINANCE NO. 2018 - 53 BY: Mayor Kennedy AN ORDINANCE AMENDING SECTIONS 749.03 AND 749.09 OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED, OF CHAPTER ESTABLISHMENTS" FOR 749 ENTITLED "MASSAGE THE PURPOSE OF DEFINING LOCATION RESTRICTIONS AND INSPECTIONS. WHEREAS, in the ordinary course of administering Chapter 749, Massage Establishments, it has come to the attention of the Safety Director that licensed day care centers are not protected by the proximity restrictions and, further, the Director of Law recommends greater restriction of inspection authority, consistent with the Fourth Amendment; and WHEREAS, the Directors of Safety and Law recommend that Council amend N.O.C.O. §749.03 (d) (11) to include licensed day care centers and N.O.C.O. §749.09 (c) to include an administrative search warrant requirement; and WHEREAS, it is the desire of this Council to amend Chapter 749 accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION l: That Section 749.03 of the Business Regulation Code, which presently reads as follows: 749.03 APPLICATION FOR MASSAGE ESTABLISHMENT PERMIT; EXPIRATION AND CONTENTS. (a) A person desiring to operate a massage establishment within the City of North Olmsted shall first make application to the City of North Olmsted upon the forms prescribed by the City therefor. An annual application, due not later than December 31 st of each year, and fee payment shall be made at the City of North Olmsted Department of Public Safety, 5200 Dover Center Road, North Olmsted, Ohio 44070. Each such application shall include a filing fee of two hundred fifty dollars ($250.00) which shall be non-refundable. Each application must be completed in its entirety upon being filed with the City. All persons to whom this Chapter applies shall make application in the year 2015, regardless of whether a license was issued under a prior Chapter 749. For the year 2015, the annual application shall be due not later than February 15th. The completed application shall include the following information: (1) The proposed location of the massage establishment; (2) The full name and address of any person applying for the permit, including any partner or limited partner of a partnership applicant, any officer or director of a corporate applicant, and any stockholder holding more than two percent of the stock of a