(a) (1) Within ten (10) days of receipt of an application for an adult business license application, the Chief Building Officer shall notify the Berea Police Chief, Berea Fire Chief, the City Engineer, and Health Commissioner of such application. In making such notification, the Chief Building Officer 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 the Fire Chief, City Engineer, and Health Commissioner promptly inspect the premises for which the adult business license is sought to assess compliance with the laws and regulations under their respective jurisdictions.
(2) The Police Chief, Fire Chief, City Engineer, and the Health Commissioner shall begin their respective investigation and inspection processes promptly upon receipt of notice of an application from the Chief Building Officer. The Police Chief shall provide the investigative results to the Chief Building Officer, in writing, within ten (10) days of receipt of notice of the application. The Fire Chief, City Engineer, and Health Commissioner shall provide to the Chief Building Officer a written certification of whether the premises are in compliance with the laws and regulations under their respective jurisdictions within twenty (20) days of receipt of notice of the application. The Chief Building Officer 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 certification of whether the premises are in compliance with the Zoning Code, and all other provisions of the Codified Ordinances within thirty (30) days after receipt of the application.
(b) Within forty-five (45) days after receipt of a completed adult business license application, the Chief Building Officer shall approve or deny the issuance of the license. The Chief Building Officer shall approve the issuance of a license to an applicant unless he/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 or 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 entertainment business license or has had a license to operate an adult entertainment business revoked within the preceding twelve (12) months by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in Section 581.02
(5) The application and investigation fee required by this Chapter has not been paid.
(6) An applicant is in violation of or is not in compliance with any provision of this Chapter.
(7) An applicant is in violation of or is not in compliance with the Planning and Zoning Code, General Offenses Code of the City, or State statute or regulation.
(c) If the Chief Building Officer determines that one or both of the following findings is true, the license issued pursuant to subparagraph 581.07(b) of this Section shall contain a requirement that the licensee correct all deficiencies specified with 45 days of the date the license is issued:
(1) The results of inspections of the premises by the Fire Chief, City Engineer, Health Commissioner, and/or Chief Building Officer indicate that the premises are not in compliance with applicable laws and regulations.
(2) An applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(d) If the Chief Building Officer determines that no other grounds for denial of a license exist under subparagraph 581.07(b) of this Section, the Chief Operating Officer shall not delay approval of the application.
(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, the address of the licensed adult entertainment business, and the classification for which the license is issued pursuant to Section 581.03 of this Chapter. All adult business licenses shall be posted in a conspicuous place at or near the entrance to the business so that it may be easily read at any time.
(f) The Chief Building Officer shall advise the applicant in writing of the reason(s) for any license denial.
(g) An adult entertainment 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 adult entertainment business, and the classification for which the license is issued pursuant to Section 581.03 of this Chapter.
(h) The adult entertainment business license shall be displayed in a conspicuous place at or near the entrance to the business establishment, so that it may be easily read at all times. It shall be the duty of both the owner and operator to display the license during the period covered by the license. (Ord. 2010-26. Passed 4-5-10.)