(a) Upon receipt of an application for a sexually oriented business license, the City Manager or his designee shall promptly request that the Brunswick Police Department review the information provided in the application concerning the criminal background of the applicant(s) and that the Brunswick Police Department shall transmit the results of its investigation in writing to the City Manager/Safety Director or his designee within five (5) days of the completion of its investigation.
(b) Within five (5) days of receipt of an application for a sexually oriented business, the City Manager or his designee shall notify the Brunswick Fire Chief and the Medina County Health Department of such application. In making such notification, the City Manager or his designee shall request that the Fire Chief, or his designee, and Health Department promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.
(c) The Fire Chief or his designee shall provide to the City Manager or his designee a written certification of whether the premises are in compliance with the City Fire Prevention Code within ten (10) days of receipt of notice of the application.
(d) The City Manager or his designee 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, within ten (10) days after receipt of the application, a written certification of whether the premises are in compliance with the Planning and Zoning Code, the Property Maintenance Code, the Building Code and the provisions of this Ordinance related to the location and physical characteristics of the premises, and whether the City has received notice from any state or county agency of the premises being in violation of any applicable state building or property codes.
(e) Within twenty-one (21) days after receipt of a completed sexually oriented business license application, the City Manager or his designee shall approve or deny the issuance of a license. The City Manager or his designee shall approve the issuance of a license to an applicant unless it is determined 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 all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose its social security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, § 7(a)(1).
(3) Except as provided in Section 844.05(h), an applicant has, within the preceding twelve (12) months, been denied a sexually oriented business license by any jurisdiction or has had a license to operate a sexually oriented business revoked by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity, as defined in this chapter.
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of this chapter, the Planning and Zoning Code, the Property Maintenance Code, the Building Code or 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 not in compliance with any provision of this chapter, except as provided in Section 844.05(f) of this section.
(f) If the City Manager or his designee determines that one (1) or both of the following findings is true, the license issued pursuant to this section shall contain a requirement that the licensee correct all deficiencies specified within one hundred twenty (120) days of the date the license is issued:
(1) The results of inspections of the premises by the Fire Chief or his designee or the Health Department indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions.
(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.
(g) A sexually oriented business license shall state on its face the name of the applicant, the expiration date, and the address of the licensed sexually oriented business. 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.
(h) The City Manager or his designee shall advise the applicant in writing within three (3) days of the decision of the reasons for any license denial. If the City Manager or his designee finds, subsequent to denial, that the basis for the denial of the license has been corrected or abated, the applicant may reapply.
(Ord. 44-15. Passed 7-13-15.)