(a) The Service Director shall approve or deny this issuance of a license to an applicant for a sexually oriented business license or a sexually oriented business employee license within 30 days after receipt of an application. The Service Director shall approve the issuance of a license unless one or more of the following is found to be true.
(1) An applicant is less than 18 years of age.
(2) An applicant or applicant's spouse is delinquent in the payment to the City of taxes, fees, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to a sexually oriented business or arising out of any other business activity owned or operated by the applicant or the applicant's spouse and licensed by the City.
(3) An applicant has failed to provide information as required by Section 779.03 for issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than an offense of operating a sexually oriented business without a license within two years immediately preceding the application. The facts that a conviction is being appealed shall have no effect
(5) The license application fee required by this section has not been paid.
(6) An applicant of the proposed establishment has not obtained all other licenses and permits required to operate a business in the City.
(7) An applicant has been convicted of a Federal or State statute or of any local ordinance pertaining to gambling or other crime of moral turpitude within five (5) years preceding the application.
(8) An applicant or an applicant's spouse:
A. Has been convicted of any offense in violation of Chapter 2907 of the Ohio Revised Code and committed in this state or any offense committed outside this state which if committed in this state would constitute an offense in violation of Chapter 2907:
B. For which:
1. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for specified criminal acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitutions, pandering, or tax violations; or
2. Less than five (5) years have elapsed since the date of conviction of the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; or
3. Less than five (5) years have elapsed since the date of conviction of the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses for specified criminal acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business, including but not limited to, distribution of obscenity or materials harmful to minors, prostitution, pandering, or tax violations; offenses occurring within any twenty-four (24) month period.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(c) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (a)(7) hereof may qualify for a sexually oriented business license only when the time period required by subsection (a)(7) hereof has elapsed.
(d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official.
(e) Location Requirement.
(1) No license shall be granted to an applicant that will conduct its business at a location that is within 1,000 feet from the boundaries or a parcel of real estate that is a Residential Zone (R-1, R-2, R-3). Nor shall a license be granted to a person that will conduct its business at a location that is within 1,000 feet from a church, a state-licensed day care facility, public library, senior citizens center, multigenerational center, or a public or private elementary or high school. Provided further, that only one license shall be allowed per block face of City Street.
(2) The distance limitations in this Section shall be measured in a straight line form the main public entrances of said premises, or from the lot lines of properties in residentially owned districts.
(Ord. 7897-13. Passed 5-13-13.)