(a) Application Review. Upon the filing of a completed application for a smoking lounge business license, the Village Clerk shall forward a copy to the following departments: Police Department, Mayor's Office, Treasurer's Office, and any other department, to review the application for compliance with the requirements of all applicable ordinances and codes.
(b) The Village Clerk shall issue a license to the applicant, or issue to the applicant a written notice to deny the application. The Village Clerk shall issue a license unless:
(1) Information. An applicant has failed to provide information as required by Section 770.03 for issuance of a license, or has falsely answered a question or a request for information on the application form;
(2) Fee. The license application fee has not been paid;
(3) State exemption. The applicant is not exempted from the smoking ban under state law;
Code compliance. The subject premises lack a current certificate of occupancy or are not in compliance with applicable building, zoning, plumbing, mechanical, electrical, health, or fire prevention codes. Upon filing an application for a building permit, plan review, or certificate of occupancy, the applicant shall also file a copy with the Village Clerk;
(4) Ventilation and parking. The premises lack the ventilation or parking required for the proposed use;
(5) Unpaid fees. The Treasurer's Office, the Mayor's Office, or the Police Department has indicated that there are unpaid fees or uncured violations under its purview related to the subject premises;
(6) Ownership/lease. The business does not own the premises for which a license is sought or does not have a lease for the full period for which the license is sought;
(7) Previous revocation/non-renewal. An applicant has had a smoking exemption revoked, or not renewed for cause, in the last seven (7) years under this article or a comparable city, village, or township ordinance or state law, whether in Ohio or otherwise;
(8) Prior nuisance. Any business in which the applicant has had an influential interest, has, in the previous seven (7) years, and at the time during which the applicant had the influential interest:
A. Been declared by a court of law to be a nuisance, as defined under any applicable law;
B. Been subject to an order of closure or padlocking.
(9) Criminal act. An applicant has been convicted of, or pled guilty, or nolo contendere, or no contest or entered an Alford plea, to a criminal act as defined in this Chapter, unless, by a majority vote, the Village Council elects to waive this provision for each applicant;
(10) Additional Licensing. The applicant is not licensed to do business in Ohio or has not obtained a sales tax license;
(c) Reservation of Authority. Notwithstanding anything to the contrary in this article, no applicant has a right to the issuance of a license; and the Village hereby reserves the right to determine who, if anyone, shall be entitled to the issuance of such a license, based on the objective criteria listed in this ordinance which relate to concerns for public health, safety, and welfare as identified herein.
(d) License Contents; Posting; Possession. 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 the licensee(s), the expiration date, and, the address of the business. The business license shall be posted in a conspicuous place at or near the entrance to the business so that it may be read at any time.
(e) Other Laws Applicable. Nothing in this article shall be construed to exempt the licensee from any other requirements set forth by City ordinance, state or federal law.
(Ord. 2014-09. Passed 3-4-14.)