(A) General. An applicant for a sexually oriented business license shall present to the Code Enforcement Officer or his/her designee the application containing all of the information, data, and documentation described in § 114.06 and the license fee which shall be in an amount established by resolution of the Township Board. An application shall be deemed complete if the application contains all of the information, data, and documentation described in § 114.06 and the license fee has been paid (completed application). The Code Enforcement Officer or his/her designee shall date a completed application upon receipt with the date that it is received. Applications which are not completely or correctly filled out or do not contain the appropriate information, data and documentation, or are to accompanied by the required application fee shall be rejected as incomplete by the Code Enforcement Officer or his/her designee and shall be returned to the applicant. All completed applications shall be reviewed in accordance with the following procedure:
(1) Within five business days after receipt of a completed application, the Code Enforcement Officer or his/her designee shall forward a copy of the completed application to the Sheriff, Fire Chief, Zoning Administrator, and the township Building Inspector for review in accordance with this section. The Sheriff, Fire Chief, Zoning Administrator, and Township Building Inspector shall review the application, conduct any inquires or inspections, and within 30 calendar days of the receipt of the application from the Code Enforcement Officer or his/her designee, report the findings of such inquiries and inspections to the Township Board on whether the application and the proposed premises comply with the requirements of this chapter.
(a) The Sheriff shall review the application to determine whether the applicant, any individual in the management of the corporation, partnership, or other business entity operating the sexually oriented business or any employee has been convicted of any criminal offenses other than minor traffic offenses, has violated any provision of this article or has had a sexually oriented business license or similar license denied or revoked by the township or by another governmental body and the reasons therefore.
(b) The Fire Chief shall review the application to determine if the premises and the proposed sexually oriented business comply with all fire codes.
(c) The Township Building Inspector shall review the application to determine if the premises and the proposed sexually oriented business comply with the zoning ordinance and all applicable electrical, mechanical, building and plumbing codes.
(2) The Township Board, after receiving the reports of the Sheriff, Fire Chief, Zoning Administrator, and Township Building Inspector, and after reviewing the complete application, shall approve or deny a license to the sexually oriented business in accordance with the standards set forth in division (B) of this section. If no report is received from any one or more of the officials, then the Township Board shall assume that all requirements the missing report are satisfied by the applicant. The Township Board shall make a determination within 60 calendar days after the Code Enforcement Officer or his/her designee’s receipt of the completed application. If approved, then the Code Enforcement Officer or his/her designee shall issue the sexually oriented business license.
(B) Standards for issuance of license. The Township Board shall make a licensing decision within 60 calendar days as referenced above in division (A)(2) of this section, notwithstanding other ordinance requirements, and the Township Board shall not predicate a license denial on a deficiency in the application that is due to the township’s failure to perform under this section. The Code Enforcement Officer or his/her designee shall issue a sexually oriented business license to an applicant unless the Township Board finds any of the following:
(1) Failure of the applicant, the premises, or the sexually oriented business license to comply with this section, this chapter, the zoning requirements of the Kochville Township Zoning Ordinance, all applicable fire, mechanical, electrical, and building codes, or any other provision of this chapter.
(2) Prior criminal conviction, other than minor traffic offenses, of the applicant, any individual in the management of any corporation, partnership, or other business entity operating the sexually oriented business, a manager, a supervisor or an employee of the sexually oriented business, when such criminal conviction involves moral turpitude, prostitution, obscenity or other crime of a sexual nature and is a felony conviction which arose within ten years of the date of the application.
(3) Misrepresentation of any material fact in the application for a license.
(4) Violations of this chapter by the applicant, an individual in the management of the corporation, partnership, or other business entity operating the sexually oriented business, a manager, a supervisor, or an employee of the sexually oriented business.
(5) The applicant, and individual in the management of the corporation, partnership or other business entity operating the sexually oriented business, a manager, a supervisor, or an employee of the sexually oriented business is not at least 18 years of age.
(6) The applicant, an individual in the management of the corporation, partnership or other business entity operating the sexually oriented business, a manager, a supervisor or an employee of the sexually oriented business was denied a sexually oriented business license within 12 months immediately preceding the date of the application; had a sexually oriented business license revoked within 12 months immediately preceding the date of the application; or has a sexually oriented business license under suspension at the time of application.
(C) Written findings of fact in support of denial. In the event that a sexually oriented business license is denied, the Township Board shall make written findings of fact in support of the denial based on the standards described above and shall notify the applicant of the denial in writing. The Township Board’s written notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant’s address as set forth in the application. The application shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail provided in this division.
(D) Appeal. The applicant may appeal such denial to the Township Board by filing a written request for an appeal with the Township Supervisor within ten business days following the receipt of notification of the denial. In the event of an appeal, The Township Board shall hold a public hearing on the denial within 30 calendar days of the receipt of the written request for an appeal. The Township Board shall have the power to reverse, affirm, or modify its decision and shall render a written decision on the appeal within ten calendar days of hearing the appeal. The Township Board shall, in its determination, make findings of fact supporting its decision, and the reasons shall be based on the standards described in division (B) of this section. The determination of the Township Board shall be final. Any person aggrieved by the decision of the Township Board may promptly appeal such decision to a court of competent jurisdiction in accordance with the Michigan Constitution and applicable state law and court rules. If such a person aggrieved by the decision of the Township Board seeks judicial review, then a temporary license shall be issued pending the outcome of the appeal. If judicial review is pursued, then the township shall submit the administrative transcript to the court within 45 days of being served with pleadings commencing the appeal process. A temporary license may be revoked if the applicant/appellant fails to comply with the procedural requirements for processing the appeal.
(E) License deemed issued. If the Township Board does not issue or deny a sexually oriented business license within 60 days after the properly completed application is submitted for review and determination, then the sexually oriented business license applied for shall be deemed to have been issued.
(Ord. 11-007, passed 1-17-2012)