755.08 ISSUANCE OF ADULT BUSINESS LICENSE.
(a) Within five (5) working days of receipt of an application for an Adult Business License, the Building Commissioner shall notify the Bedford Heights Police Chief, the Bedford Heights Fire Chief, and the Health Commissioner of such application. In making such notification, the Building Commissioner 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 Health Commissioner promptly inspect the premises for which the Adult Business License is proposed in order to assess compliance with the regulations under their respective jurisdictions. The Police Chief, the Fire Chief and the Health Commissioner shall begin their respective investigations and inspection processes promptly upon receipt of notice of an application from the Building Commissioner. The Police Chief shall provide the results of his investigation to the Building Commissioner, in writing, within ten (10) working days of receipt of the notice of the application. The Fire Chief shall provide to the Building Commissioner a written report as to whether the premises are in compliance with the Fire Code within ten (10) working days of receipt of the notice of the application. The Health Commissioner shall provide to the Building Commissioner a written report as to whether the premises are in compliance with Board of Health regulations or state statutes relating thereto within ten (10) working days of receipt of the notice of the application. The Building Commissioner shall commence the inspection of the premises for which an Adult Business License is sought promptly upon receipt of the application, and shall complete a written report as to whether the premises are in compliance with the Building Code, the Planning and Zoning Code, and the provisions of this Chapter related to physical characteristics of the premises within fifteen (15) working days after receipt of the completed application.
(b) Within twenty-one (21) working days after receipt of a completed Adult Business License application, the Buildng Commissioner shall approve or deny the issuance of the license. The Building Commissioner shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following findings is true:
(1) An applicant, who is a natural person, is under eighteen (18) 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 an Adult Business License or has had a license to operate an Adult Entertainment Business or Adult Motel revoked on the same or similar grounds as specified in this Chapter, within the preceding twelve (12) months by any jurisdiction.
(4) An applicant has been convicted of a "specified criminal activity" as defined in Section 755.02 of this Chapter.
(5) The proposed Adult Entertainment Business or Adult Motel would violate or fail to be in compliance with any applicable provisions contained in the City's Planning and Zoning Code and the City's Building Code and those provisions contained in Section 755.04 of this Chapter relating to the location of Adult Entertainment Businesses.
(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 subsection (c)(1) of this Section.
(c) If the Building Commissioner determines that one or both of the following findings is true, the license issued pursuant to subsection (b) of this Section shall contain a requirement that the licensee correct all deficiencies specified within sixty (60) days of the date the license is issued:
(1) The results of inspections of the premises by the Fire Chief, the Health Commissioner, and/or the Building Commissioner indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions, including the provisions of this Chapter related to characteristics of the physical premises. This subsection shall not apply to premises that are in violation of any law or regulation that is identified or referenced in subsections (b)(1) through (b)(7) above or to violations that pose a substantial threat to the health or safety of any individual.
(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 Building Commissioner determines that no other grounds for denial of a license exist under subsection (b) of this Section, the Building Commissiner shall not delay approval of the application past the end of the twenty-one (21) workday period provided in this Section solely because the Fire Chief or the Health Commissioner has not provided the Building Commissioner with the results of his or her inspection of the premises; the results of the Building Commissioner's inspection of the premises are not available; and/or the Police Chief has not provided the results of his investigation of the cirminal background of the applicant(s). If, after approving the issuance of a license, the Building Commissioner receives information from the Police Chief, Fire Chief and/or Health Commissioner concerning his or her investgation, which the Building Commissioner determines constitutes grounds for denial of a license under subsection (b) of this Section, then the Adult Business License issued pursuant to this subsection (d) shall be immediately revoked. If, after approving the issuance of a license, the Building Commissioner receives information concerning the results of inspections of the premises by the Fire Chief or the Health Commissioner, or concerning the results of the Building Commissioner's own inspection, which the Building Commissioner determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) of this Section, then a requirement shall be added to the terms of the Adult Business License issued pursuant to this subsection (d) to correct all deficiencies noted within sixty (60) days of the date such requirement is added or that such license shall be automatically revoked.
(e) An Adult Business License, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date of such license, the address of the licensed Adult Entertainment Business or Adult Motel, and the classification for which the license is issued pursuant to Section 755.03 of this Chapter. All Adult Business Licenses shall be posted in a conspicuous place at or near the entrance to the business in order that they may be easily read at any time.
(f) The Building Commissioner shall advise the applicant in writing of the reasons for any license denial.
(Ord. 2004-108. Passed 7-6-04.)