858.04 GROUNDS FOR DENIAL.

   (a)   The Director shall issue a new permit, or grant the renewal of an existing permit, except as provided in divisions (b) or (c) of this section.

   (b)   The Director shall deny any application for a new permit, or renewal of permit, if any of the following are shown to have occurred at the hotel/motel property:

      (1)   The applicant makes a material misrepresentation of fact on the application;

      (2)   Any owner, applicant, operator, or manager of the hotel/motel is shown to have been convicted of the act of prostitution or soliciting for prostitution, or an act that would constitute a violation of the Ohio R.C. Chapters 2925 or 3719, on the premises of the hotel/motel in question, or any hotel/motel in which that individual has any interest in, including, but not limited to, ownership, licensure, or management;

      (3)   The applicant or owner of the hotel/motel does not have a valid State of Ohio license as defined in Ohio R.C. 3731.03; and/or

      (4)   The property on which the hotel/motel is located is not in good standing with the City of Englewood Income Tax Division.

   (c)   The Director may deny any application for a new permit, or renewal of permit, if any of the following are shown to have occurred at the hotel/motel property:

      (1)   The hotel/motel has outstanding orders from the Englewood Fire Chief that have not been corrected;

      (2)   There has been a pattern of felony drug related activity as defined in Ohio R.C. 2923.01;

      (3)   There has been a pattern of prostitution related activity or evidence of human trafficking as defined in Ohio R.C. 2923.31;

      (4)   There has been a pattern of gang related activity as defined in Ohio R.C. 2923.41;

      (5)   The annual calls for service ratio for the hotel/motel is equal to or greater than 1.2 per room during the past twelve month period;

      (6)   The hotel/motel has a documented history of repeated offenses of violence as defined in Ohio R.C. 2901.01;

      (7)   The owner, applicant, operator, or manager has not made a good faith effort to correct violations of Sections 858.04 and 858.09, or has obstructed or interfered with correction of the violations;

      (8)   Any owner, applicant, operator, or manager of the hotel/motel is shown to have engaged in the act of prostitution or soliciting for prostitution, or an act that would constitute a violation of the Ohio R.C. Chapters 2925 or 3719, on the hotel/motel premises in question, or any hotel/motel in which that individual has any interest in, including, but not limited to, ownership, licensure, or management;

      (9)   The applicant or any owner of the hotel/motel has hindered or prevented any inspection of the hotel/motel authorized by Chapter 1454 of the Englewood Codified Ordinances or is otherwise the subject of a violation of Chapter 1454.

   (d)   Evidence of conduct under divisions (b) and (c) of this section need only be that of de facto violation of law. Evidence of conviction is not a prerequisite for denial unless specifically indicated.

(Ord. 16-01. Passed 1-26-16.)