(A) Upon the filing of said application in a fully completed form for a sexually oriented business license or for a sexually oriented business employee license, the application shall then be referred to the Borough Code Officer for review and investigation. The Borough Code Officer shall utilize any available resources through the Grove City Borough Police Department, Mercer County Sheriffs Department, Pennsylvania State Police, the Commonwealth of Pennsylvania and/or other law enforcement agencies as may be necessary to complete the review and investigation required by this chapter. Within 30 days from the date the completed application is filed, the Borough Code Officer shall issue a license, unless it is determined by the Borough Code Officer that one or more of the following findings is true:
(1) The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has been convicted of a "specified criminal activity" as defined in this chapter;
(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter; or
(5) The applicant has had a sexually oriented business employee license revoked by the borough within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 115.09.
(6) The required application, investigation and license fees have not been paid.
(7) An applicant's license to operate a sexually oriented business, issued by any jurisdiction, has been revoked within the preceding 12 months.
(8) The proposed sexually oriented business is in violation of, or is not in compliance with, any of the provisions of this chapter.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the borough that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 115.05.
(C) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the specific classification of sexually oriented use for which the license is issued. Licenses for sexually oriented businesses shall state that the sexually oriented business shall not commence until all necessary zoning, subdivision and land development, and/or building code approvals and Department of Labor and Industry approvals are obtained. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(D) Applications for building and occupancy permits shall be processed and either denied or approved within 30 days of a complete application by the borough.
(E) A sexually oriented business license shall issue for the specific classification of sexually oriented use as permitted by ordinance and applied for.
(F) A license denial shall conform to the provisions of § 115.09(D).
(G) Any person aggrieved by the grant of a license may appeal, in writing, within ten days from the date of issuance of the license, to the Board of Supervisors. The Council shall then hold a local agency law hearing within 20 days from the date of filing of the appeal and render a decision within ten days from the end of the hearing. Appeals from a decision of the Council may be taken to court subject to § 115.09(E).
(Ord. 1454, passed 12-17-2018, § 4) Penalty, see § 115.99