(A) The Zoning Administrator shall approve or deny the issuance of a license to an applicant within 30 days after receipt of a completed application, unless the applicant requests that this period be extended for up to 10 days under division (C), in which case the approval or denial shall be made with the extended period. The Zoning Administrator shall issue a license unless it is determined by a preponderance of the evidence that 1 or more of the following findings is true:
(1) An applicant is under 18 years of age. (Individual applicants only).
(2) An applicant is overdue in his or her payment of taxes, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually-oriented business.
(3) An 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.
(4) An application for the proposed establishment is in violation of or is not in compliance with any of the provisions of this subchapter.
(5) An applicant has been convicted of any of the following criminal offenses in any jurisdiction in the past 5 years:
(a) Prostitution, procuring a prostitute, or solicitation of a prostitute;
(b) Sale, distribution or display of obscene material;
(c) Soliciting, procuring or aiding and abetting an unlawful sexual performance by a minor;
(d) Possession, sale or distribution of child pornography;
(e) Public lewdness;
(f) Indecent exposure;
(g) Indecent conduct with a child;
(h) Sexual assault, criminal sexual conduct, or rape;
(i) Incest;
(j) Sexual solicitation of a child.
The applicant shall certify, as a part of the application, that he/she/it has not been convicted of any 1 or more of the foregoing criminal offenses.
(B) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, and the address of the sexually-oriented business. The 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.
(C) In the event that the Zoning Administrator determines that an applicant is not eligible for a license, the applicant shall be given notice in writing of the reasons for the denial within 30 days of the receipt of its application by the Zoning Administrator, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than 10 days at any time before the notice is issued in order to make modifications necessary to comply with this subchapter. In the event the Zoning Administrator fails to render a decision on the application within the time specified herein, the applicant shall be permitted to commence operation of the business.
(D) An applicant may appeal the decision of the Zoning Administrator regarding a denial to the Village Council by filing a written notice of appeal with the Village Clerk within 10 days after service of notice upon the applicant of the Zoning Administrator's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully and specifically the grounds for such appeal and all arguments in support thereof. The Zoning Administrator may, within 15 days of service upon him or her of the applicant's memorandum, submit a responsive memorandum to the Village Council. After reviewing such memoranda, as well as the Zoning Administrator's written decision, if any, and exhibits submitted to the Zoning Administrator, the Village Council shall vote either to uphold or overrule the Zoning Administrator's decision. The vote shall be taken within 30 calendar days after the date on which the Village Clerk receives the notice of appeal. The Village Council shall, in its determination, make findings of fact supporting its decision. Judicial review of a denial by the Zoning Administrator and Village Council may be made pursuant to § 152.322.
(Ord. 6 08-05, passed 8-1-2005)