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(a) Upon the filing of an application for a sexually oriented business employee license, the City Safety Director shall issue a temporary license to said applicant immediately.
(b) Within five days of receipt of an application for a sexually oriented business employee license, the City Safety Director shall notify the Police Chief 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. The Police Chief shall begin his or her investigation promptly upon receipt of notice of an application from the City Safety Director, and shall provide the results of his or her investigation to the City Safety Director within ten days of receipt of notice of the application.
(c) Within twenty-one days after receipt of a completed sexually oriented employee 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 City Safety Director determines that one or more of the following findings is true:
(1) The 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.
(2) The applicant is under eighteen years of age.
(3) The applicant has been convicted of a specified criminal activity as defined in Section 850.02 of this Chapter.
(4) The sexually oriented business 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 been denied a sexually oriented business employee license or has had a sexually oriented business employee license revoked within the preceding twelve months by any jurisdiction.
(d) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. The City Safety Director shall advise the applicant in writing of the reason(s) for any such denial.
(Ord. 115-98. Passed 9-28-98.)
(a) Every application for a new sexually oriented business license shall be accompanied by a five hundred dollar ($500.00) nonrefundable application and investigation fee.
(b) Every application for renewal of a sexually oriented business license shall be accompanied by a five hundred dollar ($500.00) nonrefundable application and investigation fee.
(c) In addition to the application and investigation fee required in subsection (a) or (b) hereof, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the City an annual, nonrefundable license fee of two hundred fifty dollars ($250.00) within thirty days of license issuance or renewal.
(d) Every application for a new sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee of fifty dollars ($50.00).
(e) Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee of fifty dollars ($50.00).
(Ord. 115-98. Passed 9-28-98.)
(a) The Police Division shall, from time to time and at least four times a year, inspect each sexually oriented business licensed under the provisions of this chapter in order to assess compliance with the provisions of this chapter.
(b) The City Safety Director shall, from time to time and at least four times a year, request that the Lorain County Health Commissioner inspect each sexually oriented business licensed under the provisions of this chapter in order to assess compliance with the provisions of this chapter.
(c) An applicant or licensee shall permit representatives of the Avon Police Division, Fire Division, Department of Community Development, or other City departments or agencies, or the Lorain County Health Commissioner, to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time that it is occupied or open for business.
(d) A person who operates a sexually oriented business or his or her agent or employee commits a misdemeanor of the first degree if he or she refuses to permit such lawful inspection of the premises.
(Ord. 115-98. Passed 9-28-98.)
(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 days and no less than thirty days before the expiration date. If application is made less than thirty 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 City Safety Director on a form provided by the City Safety Director's Office. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the City to determine whether the applicant meets the qualifications established in this chapter. 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 Section 850.06. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision 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 City Safety Director shall make determinations concerning the approval of sexually oriented business license renewals based on the same criteria used to evaluate applications for new licenses under Section 850.07.
(d) The City Safety Director shall advise the applicant in writing of the reason(s) for any denial of a sexually oriented business license renewal.
(e) An application for renewal of a sexually oriented business employee license shall be submitted to the City Safety Director on a form provided by the City Safety Director's Office. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the City to determine whether the applicant meets the qualifications established in this chapter. 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 Section 850.08. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions.
(f) The City Safety Director shall make determinations concerning the approval of sexually oriented business employee license renewals based on the same criteria used to evaluate applications for new licenses under Section 850.09.
(g) The City Safety Director shall advise the applicant in writing of the reason(s) for any denial of a sexually oriented business employee license renewal.
(h) When the City denies an application for renewal of either a sexually oriented business or employee license under this section, the applicant shall not be issued another license for one year from the date of denial. If the City finds, subsequent to denial, that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the denial was issued.
(Ord. 115-98. Passed 9-28-98.)
(a) The City shall suspend a sexually oriented business license for a period not to exceed thirty 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 City shall suspend a sexually oriented business license for a period not to exceed thirty days if it determines that a licensee or his or her employee or agent has refused to allow an inspection of the licensed sexually oriented business premises as authorized by this chapter.
(c) The City shall suspend a sexually oriented business employee license for a period not to exceed thirty days if it determines that a licensee has violated or is not in compliance with any section of this chapter.
(d) The City Safety Director shall advise the licensee in writing of the reason(s) for any suspension.
(Ord. 115-98. Passed 9-28-98.)
(a) The City shall revoke a sexually oriented business license or sexually oriented business employee license if a cause of suspension under Section 850.13 occurs and the license has been suspended two times within the preceding twelve months.
(b) The City shall revoke a sexually oriented business license if it determines that:
(1) A licensee gave false or misleading information in the material submitted during the application process;
(2) The licensee(s) failed to comply with any requirement stated in the license, or pursuant to Section 850.07, 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 sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
(7) A licensee has been convicted of a specified criminal activity, as defined in Section 850.02, during the term of the license; or
(8) A licensee is delinquent in payment to the City, the County, or the State for any taxes or fees past due that were assessed or imposed in relation to any business.
(c) The City shall revoke a sexually oriented business employee license if it determines that:
(1) The licensee gave false or misleading information in the material submitted during the application process;
(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 Section 850.02, during the term of the license.
(d) The City Safety Director shall advise the licensee in writing of the reason(s) for any revocation.
(e) When the City revokes a license, the licensee shall not be issued another license for one year from the date the revocation became effective. If the City finds, subsequent to revocation, that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least ninety days have elapsed since the date the revocation became effective.
(Ord. 115-98. Passed 9-28-98.)
(a) Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the Board of Zoning and Building Appeals, which shall act as the Board of Appeals ("Board") for purposes of this section, by written notice to the Board within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within fourteen days of receipt of the notice at its office and must issue a decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
(b) Any decision by the Board shall be a final appealable order, and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(c) In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this chapter, the applicant or licensee shall file a notice of appeal with the Board, as well as with the court, and shall file a praecipe with the Board requesting that a complete transcript of all original papers, testimony, and evidence offered, heard, and taken into consideration in the Board's issuance of the final order appealed from, be filed with the court. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Board shall transmit to the court in which the appeal was sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the final order. The Board and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
(d) Subject to the provisions of subsection (f) hereof, 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, may continue to operate said business during the pendency of an appeal to the Board or to a court.
(e) Subject to the provisions of subsection (f) hereof, 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, may continue to serve in such capacity during the pendency of an appeal to the Board or to a court.
(f) In the event that an applicant for a new sexually oriented business license or a new sexually oriented business employee license seeks judicial review of the denial of a new license and such review does not result in a final judicial decision within sixty days of the date the appeal was filed, the City will issue such applicant a provisional sexually oriented business license or sexually oriented business employee license upon request of the applicant. The provisional license:
(1) Will allow an applicant for a sexually oriented business license to operate the sexually oriented business named in the license application under the same terms as a normal sexually oriented business issued pursuant to Section 850.07 for the period of time specified in subsection (g) hereof; and
(2) Will allow an applicant for a sexually oriented business employee license to act as an employee on the premises of a sexually oriented business under the same terms as a normal sexually oriented business employee license issued pursuant to Section 850.09 for the period of time specified in subsection (g) hereof; and
(g) A provisional license will expire on whichever of the following three dates is earliest:
(1) The date that a judicial decision is issued upholding the license denial;
(2) The date on which a non-provisional sexually oriented business license or sexually oriented business employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
(3) The date one year from the issuance of the provisional license.
(h) In the event that judicial review of the denial of a new license application is still pending thirty days before the expiration date of a provisional license, the provisional licensee may file a renewal license application with the City Safety Director pursuant to Section 850.12(b) or (e). The City Safety Director shall grant an application for renewal of a provisional license unless the City Safety Director determines that new grounds exist for denial of a license application pursuant to Section 850.07 or 850.09 which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial, the City has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 115-98. Passed 9-28-98.)
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