(a) Within five days of receipt of an application for a sexually oriented business license, the City Safety Director shall notify the Avon Police Chief, the Avon Fire Chief, and the Lorain County Health Commissioner of such application. In making such notification, the City Safety Director shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant(s), and shall request that the Fire Chief and Lorain County Health Commissioner promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.
The Police Chief and the Fire Chief shall begin their respective investigations and inspection processes promptly upon receipt of notice of an application from the City Safety Director. The Police Chief shall provide the results of his or her investigation to the City Safety Director, in writing, within ten days of receipt of notice of the application. The Fire Chief shall provide to the City Safety Director a written certification of whether the premises are in compliance with the Fire Code within ten days of receipt of notice of the application.
The City Safety Director 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 a written certification of whether the premises are in compliance with the Building and Housing Code, the Planning and Zoning Code, and the provisions of this chapter relating to physical characteristics of the premises within fifteen days after receipt of the application.
(b) Within twenty-one days after receipt of a completed sexually oriented business license application, the City Safety Director shall approve or deny the issuance of the license. The City Safety Director shall approve the issuance of a license to an applicant unless the Safety Director determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under eighteen years of age.
(2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
(3) An applicant has been denied a sexually oriented business license or has had a license to operate a sexually oriented business or adult motel revoked within the preceding twelve months by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in Section 850.02.
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of the Planning and Zoning Code, the General Offenses Code or any 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 is not in compliance with any provision of this chapter, except as provided in paragraph (c)(1) hereof.
(c) If the City Safety Director determines that one or both of the following findings is true, the license issued pursuant to subsection (b) hereof 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, the Lorain County Health Commissioner, and/or the City Safety Director indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions, including the provisions of this chapter relating to characteristics of the physical premises. This paragraph shall not apply to premises that are in violation of any law or regulation that is identified or referenced in paragraphs (b)(1) through (b)(7) hereof.
(2) An applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(d) If the City Safety Director determines that no other grounds for denial of a license exist under subsection (b) hereof, the City Safety Director shall not delay approval of the application past the end of the twenty-one day period provided in this section solely because the Fire Chief or the Lorain County Health Commissioner has not provided the City Safety Director with the results of his or her inspection of the premises; the results of the City Safety Director's inspection of the premises are not available; and/or the Police Chief has not provided the results of his or her investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the City Safety Director receives information from the Police Chief concerning his or her investigation, which the City Safety Director determines constitutes grounds for denial of a license under subsection (b) hereof, then the sexually oriented business license issued pursuant to this subsection (d) shall be immediately revoked. If, after approving the issuance of a license, the City Safety Director receives information concerning the results of inspections of the premises by the Fire Chief or the Lorain County Health Commissioner, or concerning the results of the City Safety Director's own inspection, which the City Safety Director determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) hereof, then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to this subsection (d) to correct all deficiencies noted within 120 days of the date such requirement is added.
(e) A sexually oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the licensed sexually oriented business, and the classification for which the license is issued pursuant to Section 850.03. 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.
(f) The City Safety Director shall advise the applicant in writing of the reasons for any license denial.
(Ord. 115-98. Passed 9-28-98.)