(a) (1) Within five days of receipt of an application for an adult business license, the Safety Director shall notify the Brook Park Police Chief, the Brook Park Fire Chief and the Health Commissioner, of such application. In making such notification, the Safety Director shall instruct that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant or applicants and shall instruct that the Fire Chief and the Health Commissioner promptly inspect the premises for which the adult business license is sought to assess compliance with the regulations under their respective jurisdictions.
(2) The Police Chief and the Fire Chief shall begin their respective investigation and inspection processes promptly upon receipt of notice of an application from the Safety Director. The Police Chief shall provide the results of his or her investigation to the Safety Director, in writing, within ten days of receipt of notice of the application. The Fire Chief shall provide to the Safety Director a written certification of whether the premises are in compliance with the Fire Prevention Code within ten days of receipt of notice of the application.
(3) The Safety Director shall instruct the Building Commissioner to commence the inspection of the premises for which an adult business license is sought promptly upon receipt of the application and shall have the Building Commissioner complete a written certification of 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 days after receipt of the application.
(b) Within twenty-one days after receipt of a completed adult business license application, the Safety Director shall approve or deny the issuance of the license. The Safety Director shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following findings are 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 convicted of a specified criminal activity as defined in Section 764.02 of this chapter.
(5) The proposed adult entertainment business or adult motel would violate or fail to be in compliance with any provision of the Zoning Code (Chapter 1121 of the Planning and Zoning Code), including Section 1121.40.
(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, except as provided in paragraph (c)(1) hereof.
(c) If the Safety Director determines that one or both of the following findings are true, the license issued pursuant to division (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 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 paragraph shall not apply to premises that are in violation of any law or regulation that is identified or referenced in division (b) 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 Safety Director determines that no other grounds for denial of a license exist under division (b) hereof, the 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 Health Commissioner has not provided the Safety Director 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 or her investigation of the criminal background of the applicant or applicants. If, after approving the issuance of a license, the Safety Director receives information from the Police Chief concerning his or her investigation, which the Safety Director determines constitutes grounds for denial of a license under division (b) hereof, then the adult business license issued pursuant to this division shall be immediately revoked. If, after approving the issuance of a license, the Safety Director 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 Safety Director determines constitutes rounds for the issuance of a license subject to a requirement to correct deficiencies under division (c) hereof, then a requirement shall be added to the terms of the adult business license issued pursuant to this division to correct all deficiencies noted within 120 days of the date such requirement is added.
(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 or adult motel, and the classification for which the license is issued pursuant to Section 764.03 of this chapter. All adult business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(f) The Safety Director shall advise the applicant in writing of the reasons for any license denial.
(Ord. 8395-1997. Passed 1-27-98; Ord. 8778-2001. Passed 4-3-01.)