(a) The Chief of Police shall approve the issuance or renewal of a sexually oriented business or adult entertainment business employee license to an applicant within sixty days after receipt of an application unless the Chief of Police finds one or more of the following to be true:
(1) An applicant is under eighteen years of age;
(2) An applicant is overdue in payment of City taxes, fees, fines, or penalties assessed against or imposed upon the applicant;
(3) An applicant has failed to provide information reasonably necessary for issuance of the sexually oriented business or adult entertainment business employee license or has falsely answered a question or request for information on the application form;
(4) An applicant has been convicted of any violation of a provision of this chapter;
(5) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter;
(6) The sexually oriented business or adult entertainment business employee license fee required by this chapter has not been paid;
(7) An applicant has been employed in a sexually oriented business or adult entertainment business within the preceding twelve months and has demonstrated an inability to maintain employment in a peaceful and law abiding manner, thus necessitating action by law enforcement officers;
(8) The sexually oriented business or adult entertainment business employee license is to be used for a business prohibited by local or State law, statute, rule, or regulation, or prohibited by a particular provision of this chapter;
(9) The applicant has had a sexually oriented business or adult entertainment business employee license revoked by the City within two years of the date of the current application. Denial of a sexually oriented business or adult entertainment business employee license is subject to appeal as set forth in Section 768.18;
(10) An applicant or a person residing with the applicant has been convicted of:
A. Any felony;
B. Any offense listed in Ohio R.C. Chapter 2907;
C. Any offense listed in Ohio R.C. 2950.01, including all subsections of such offenses, regardless of whether or not such offenses are classified by the State of Ohio as "sexually oriented offenses", and regardless of the ages of the persons involved in such cases, a violation of Ohio R.C. 2919.22, 2919.23, or 2919.24, or an offense defined by existing or former laws of the state, present or former ordinances of any municipality of any state, former or present laws of any state or of the United States, or a violation under the law applicable in military courts that is or was substantially equivalent to any of the listed offenses, or of an attempt to commit, conspiracy to commit, or complicity to commit, any such offenses;
D. A "specified criminal activity" as defined in this chapter.
(11) The premises to be used for the sexually oriented business or adult entertainment business have not been approved by the Health Department, the Fire Department, and the Building Department as being in compliance with applicable laws and ordinances;
(12) The license fee required by this chapter has not been paid; or
(13) An applicant for the proposed license is in violation of or is not in compliance with any other of the provisions of this chapter.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(c) The sexually oriented business or adult entertainment business employee license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, the address of the sexually oriented business or adult entertainment business by which the employee will be employed, and the classification for which the license is issued pursuant to Section 768.02.
(d) All sexually oriented business or adult entertainment business employee licenses shall be posted in a conspicuous place at or near the entrance of the sexually oriented business or adult entertainment business so that they may be easily read at any time.
(e) A license granted pursuant to this section shall be subject to annual renewal upon written application of the applicant and a finding by the City 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 fees as set forth in Section 768.10.
(f) A sexually oriented business or adult entertainment business employee license shall be issued for only one classification as found in Section 768.02.
(Ord. 99-35. Passed 7-6-99.)