(A) Within ten days of receipt of an application for a sexually oriented business license, the Building Commissioner shall notify the County Sheriff’s Department, the appropriate Township Fire Department, and the County Health Department of such application. In making notification, the Building Commissioner shall request the County Sheriff’s Department to promptly investigate the information provided in the application concerning criminal background of the applicant(s) and shall request the Fire Department and the County 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.
(B) The County Sheriff’s Department, the Fire Department, and the County Health Department shall begin their respective investigation and inspection process promptly upon receipt of notice of an application from the Building Commissioner.
(1) The County Sheriff’s Department shall provide the results of his or her investigation to the Building Commissioner, in writing, within 20 days of receipt of notice of the application.
(2) The Fire Department and the County Health Department shall provide to the Building Commissioner a written certification of whether the premises are in compliance with the laws and regulations under their respective jurisdictions within 20 days of receipt of notice of the application.
(C) The Building Commissioner shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of notice of the application, and shall complete a written certification of whether the premises are in compliance with the State Basic Building Code, the county’s Zoning Code, and the provisions of this chapter related to physical characteristics of the premises within 30 days after receipt of the application.
(D) Within 30 days after receipt of a completed sexually oriented business license application, the Building Commissioner shall approve or deny the issuance of a license. The Building Commissioner shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under 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) A person identified in the application pursuant to this chapter has been denied an adult business license, or has had a license to operate a sexually oriented business revoked within the preceding 12 months by any jurisdiction;
(4) A person identified in the application 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 provision of the county’s Zoning Ordinance, or any state statute or regulation;
(6) The application and investigation fee required by this chapter has not been paid; and/or
(7) An applicant is in violation of, or not in compliance with, any provisions of this chapter, except as provided in the chapter.
(E) If the Building Commissioner determines that one 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 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; and/or
(2) An applicant is overdue in payment to the county 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.
(F) If the Building Commissioner determines that no other grounds for denial of a license exist under this section hereof, the Building Commissioner shall not delay approval of the application past the end of the 60-day period provided in this section solely because the Fire Department or the County Health Department has not provided the Building Commissioner 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 County Sheriff’s Department has not completed his or her investigation of the criminal background of the applicant(s).
(1) If, after approving the issuance of a license, the Building Commissioner receives information from his or her investigation which he determines constitutes grounds for denial of a license under this section, then the sexually oriented business license issued pursuant to this section shall be immediately revoked.
(2) If, after approving the issuance of a license, the Building Commissioner receives information concerning the results of inspections of the premises by the County Sheriff’s Department, the Fire Chief, or the County Health Department inspection which the Building Commissioner determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under this section hereof, then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to this section hereof to correct all deficiencies noted within 120 days of the date such requirement is added.
(G) A sexually oriented business license, if granted, shall state on its face the name of the person, or persons, to whom it is granted, 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 Building Commissioner shall advise the applicant, in writing, of the reasons for any license denial.
(Ord. 2007-XI, passed 6-19-2007) Penalty, see § 10.99