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(a) The City of Ashtabula Planning Commission shall issue a sexually oriented business license to an applicant if, but only if, the Planning Commission finds and determines all of the following based on the reports, investigations, and inspections conducted by the Planning Commission and any reviewing departments and on any other credible information on which it is reasonable for the Planning Commission to rely.
(1) All information and documents required by this chapter for issuance of a sexually oriented business license have been properly provided and material statements made in the application are true and correct.
(2) No person identified in the application has been convicted of, or pleaded nolo contendere to, any criminal act within five years immediately preceding the date of the application.
(3) No person identified in the application is overdue on payment to the city of taxes, fees, fines, or penalties assessed against or imposed on any such individual in connection with any sexually oriented business.
(4) The sexually oriented business and the licensed premises comply with all then-applicable building, health, and safety codes and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the City of Ashtabula Zoning Code.
(5) The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of the City Zoning Ordinance applicable to sexually oriented businesses, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed sexually oriented business establishment and its proposed operation are and shall be in compliance therewith.
(b) Denial. If the City of Ashtabula Planning Commission determines that the applicant has not met any one or more of the conditions set forth herein, then the Planning Commission shall deny issuance of the sexually oriented business license and shall give the applicant a written notification and explanation of such denial.
(c) License Deemed Issued. If the Planning Commission does not issue or deny the sexually oriented business license within 60 days after the properly completed application is submitted, then the sexually oriented business license applied for shall be deemed to have been issued. (2004 Code)