(a) Within five days of receipt of an application for an adult business license, the Director of Public Service and Development shall notify the Fairview Park Police Chief, the Fairview Park Fire Chief, and the Cuyahoga County Board of Health of such application. In making such notification, the Director of Public Service and Development 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 representative from the Cuyahoga County Board of Health promptly inspect the premises for which the adult business license is sought to assess compliance with the regulations under their respective jurisdictions.
(1) The Police Chief and the Fire Chief shall begin their respective investigations and inspection processes promptly upon receipt of notice of an application from the Director of Public Service and Development. The Police Chief shall provide the results of his investigation to the Director of Public Service and Development, in writing, within 10 days of receipt of notice of the application. The Fire Chief shall provide to the Director of Public Service and Development a written certification of whether the premises are in compliance with the Fire Code within 10 days of receipt of notice of the application.
(2) The Director of Public Service and Development 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 15 days after the receipt of the application.
(b) Within twenty-one days after receipt of a completed adult business license application, the Director of Public Service and Development shall approve or deny the issuance of the license. The Director of Public Service and Development shall approve the issuance of a license to an applicant unless he determines that one or more of the following findings are 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 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 753.02 of this chapter.
(4) The proposed adult entertainment business or adult motel would violate or fail to be in compliance with any provision of the Zoning Ordinance (Chapter 1109 of the Planning and Zoning Code), including Chapter 1109 and Section 1137.03.
(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 Director of Public Service and Development determines that one or both of the following findings is true, the license issued pursuant to subsection (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 County Board of Health inspector, 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 subsection (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 Director of Public Service and Development determines that no other grounds for denial of a license exist under subsection (b) hereof, the Director of Public Service and Development 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 County Health Department Inspector has not provided the Director of Public Service and Development 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 Director of Public Service and Development receives information from the Police Chief concerning his or her investigation, which the Director of Public Service and Development determines constitutes grounds for denial of a license under subsection (b) hereof, then the adult business license issued pursuant to this subsection shall be immediately revoked. If, after approving the issuance of a license, the Director of Public Service and Development receives information concerning the results of inspections of the premises by the Fire Chief and of the County Health Department Inspector, which the Director of Public Service and Development determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) hereof, then a requirement shall be added to the terms of the adult business license issued pursuant to this subsection 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, persons or entity 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 753.03 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 Director of Public Service and Development shall advise the applicant in writing of the reasons for any license denial.
(Ord. 02-25. Passed 5-20-02.)