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The Chief of Police shall suspend a sexually-oriented business employee license for a period not to exceed 30 days if he determines that a sexually-oriented business employee licensee has:
(a) Violated or is not in compliance with this chapter;
(b) Recklessly permitted gambling by any person on the sexually-oriented business premises;.
(c) Demonstrated inability to operate or manage a sexually-oriented business in a peaceful and law abiding manner thus necessitating action by law enforcement officers.
(Ord. 14-02. Passed 7-8-02.)
(a) The Chief of Police shall revoke a sexually-oriented business license if a cause of suspension in Section 849.12 of this chapter occurs and the sexually-oriented business license has been suspended within the preceding 12 months.
(b) The Chief of Police shall revoke a sexually-oriented business license if he determines that the sexually-oriented business licensee:
(1) Gave false or misleading information in the material submitted to the Chief of Police during the application process;
(2) Recklessly allowed possession, use, or sale of controlled substances on the premises;
(3) Recklessly allowed prostitution on the premises;
(4) Recklessly operated the sexually-oriented business during a period of time when the sexually-oriented business licensee's license was suspended;
(5) Has been convicted of an offense listed in Section 849.06(a)(8) of this chapter.
(6) Recklessly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or. on the sexually-oriented business licensed premises; or
(7) Is delinquent in payment more than 90 days to the Municipality for income taxes, or any other taxes or assessments which the Municipality imposes, or sales taxes related to the sexually-oriented business.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the sexually-oriented business license.
(d) Division (b)(6) of this section does not apply to adult motels as grounds for revoking the sexually-oriented business license unless the sexually-oriented business licensee recklessly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e) A sexually-oriented business license revocation shall continue for one year and the sexually-oriented business licensee shall not be issued a sexually-oriented business license or a sexually-oriented business employee license for one year from the date the revocation became effective.
(Ord. 14-02. Passed 7-8-02.)
(a) The Chief of Police shall revoke a sexually-oriented business employee license if a cause of suspension in Section 849.13 of this chapter occurs and the sexually-oriented business employee license has been suspended within the preceding 12 months.
(b) The Chief of Police shall revoke a sexually-oriented business employee license if he determines that the sexually-oriented business employee licensee:
(1) Gave false or misleading information fn the material submitted to the Chief of Police during the application process;
(2) Recklessly allowed possessor, use, or sale of controlled substances on the premises;
(3) Recklessly allowed prostitution on the premises;
(4) Recklessly operated the sexually-oriented business during a period of time when the sexually-oriented business licensee's license was suspended;
(5) Has been convicted of an offense listed in Section 849.06(a)(8) of this chapter;
(6) Recklessly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in or on the sexually-oriented business licensed premises; or
(7) Is delinquent in payment of more than 90 days to the Municipality for income taxes, or any other taxes or assessments which the Municipality imposes, or sales taxes related to the sexually-oriented business.
(c) The fact that a conviction is being appealed shall have no effect on the revocation of the sexually-oriented business employee license.
(d) Division (b)(6) of this section does not apply to adult motels as grounds for revoking the sexually-oriented business employee license unless the sexually-oriented business employee licensee recklessly allowed the act of sexual intercourse, sodomy, oral copulation, masturbation, or sexual contact to occur in a public place or within public view.
(e) A sexually-oriented business employee license revocation shall continue for one year and the sexually-oriented business employee license shall not be issued a sexually-oriented business employee license for one year from the date the revocation became effective.
(Ord. 14-02. Passed 7-8-02.)
If the Chief of Police denies the issuance of a sexually-oriented business license or sexually-oriented business employee license or suspends or revokes a sexually-oriented business license or sexually-oriented business employee license he shall forthwith so notify the applicant or sexually-oriented business licensee in writing by certified mail, return receipt requested, or by personal service, of the denial, suspension or revocation.
(a) Any denial, suspension, or revocation of a new or renewal license under the provisions of this chapter, may be appealed to the Board of Zoning Appeals of the City of East Palestine by written notice within ten days of receipt of notice of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Board must hold a hearing on the appeal within ten days and must issue a written decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
(b) Any decision by the Board of Zoning Appeals of the City of East Palestine shall be a final appealable order, and the applicant, the licensee, or the Municipality may seek prompt judicial review of such administrative action in any Court of competent jurisdiction.
(c) In the event that an applicant, licensee, or the Municipality seeks judicial review of a decision by the Board of Zoning Appeals of the City of East Palestine, the appellant shall file written notice of such appeal with the Board of Zoning Appeals stating the grounds for the appeal. 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 appeal was sought a copy of the full administrative record of 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 Municipality shall provide any further information, assistance, or cooperation requested by the reviewing court without delay-
(d) Any licensee 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 of Zoning Appeals of the City of East Palestine or to a court.
(e) Any licensee 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 of Zoning Appeals of the City of East Palestine or to a court.
(f) In the event that an applicant for a new sexually-oriented business license or new sexually-oriented business employee license seeks judicial review of the denial of a new license, the Municipality will issue such applicant a provisional sexually-oriented business license or sexually-oriented business employee license upon the written request of the applicant, which provisional license will:
(1) Allow the 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 license issued pursuant to Section 849.06 of this chapter for the period of time specified in division (g) of this section; or
(2) 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 849.07 of this chapter for the period of time specified in division (g) of this section; 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 30 days before the expiration date of a provisional license the provisional licensee may file a renewal license application with the Chief of Police pursuant to Section 849.06 or Section 849.07 of this chapter. The Chief of Police shall grant an application for renewal of a provisional license unless he determines that new grounds exist for denial of a license application pursuant to Section 849.06 or Section 849.07 of this chapter 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 Municipality has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 14-02. Passed 7-8-02.)
Sexually-oriented business licenses are not transferable. A sexually-oriented business licensee shall not operate a sexually-oriented business at any place other than the address designated in the sexually-oriented business license.
(Ord. 14-02. Passed 7-8-02.)
Sexually-oriented business employee licenses are not transferable. A sexually-oriented business employee licensee shall not work at any place other than the address designated in the sexually-oriented business employee license.
(Ord. 14-02. Passed 7-8-02.)
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