(a) The Chief of Police shall approve the application within 15 working days unless:
(1) It is incomplete or contains false information; or
(2) The applicant is an entity not in good standing where it is organized, or not authorized to do business in the State of Ohio; or
(3) The reports of any agency reveal the premises to be unhealthy, unsafe or hazardous, or in violation of health or safety codes; or
(4) The applicant or the person proposed to operate the adult entertainment establishment covered by the permit is under 18 years of age; or
(5) The applicant or person operating the adult entertainment establishment has violated, or the proposed operation would violate, any provision of this chapter; or
(6) The applicant or any other person named in the application has been convicted or pleaded guilty to an offense listed in Ohio R.C. Chapter 2907, or a substantially equivalent offense under a municipal ordinance in the State of Ohio or under the laws of another state, within the past five years; or
(7) The applicant or any other person named in the application for an initial or renewal permit to operate an adult entertainment establishment or any person employed or acting as an agent or independent contractor at the adult entertainment establishment, has been convicted or plead guilty to a violation of Ohio R.C. 503.53(C) or any similar municipal ordinance within the past five years; or
(8) The operation of the adult entertainment establishment would violate existing zoning ordinances.
(b) If the Chief of Police finds that none of the eight conditions in § 805.08(a) exists, he shall promptly issue to the applicant a permit within three working days after approval.
(c) If the Chief of Police determines that any one or more of the eight conditions in § 805.08(a) exists, he shall forward the complete application file to the City of Middletown Citizens Advisory Board ("Board") for hearing and determination. The Board shall conduct a public hearing on the application, during a special meeting to be held within ten working days after receiving the application file. The applicant shall have the opportunity to present information, evidence, and testimony to the Board, at the public hearing regarding the application. If the permit is denied, the Board shall promptly notify (within three working days of their determination) the applicant in writing of its decision denying the application. If the Board approves the application, the Chief of Police shall promptly issue to the applicant a permit within three working days after the Board's decision. In no circumstance shall the action of the Chief of Police and/or the Board, in granting or denying the permit, be more than 45 working days from the filing of the application and submission of the items required to be provided by the applicant as provided in § 805.06. A continuance, granted at the request of the applicant, tolls the time requirements of this section, for the duration of the requested continuance. The failure of the Chief of Police and the Board to act within the 45 working day period shall constitute a grant of the permit.
(d) A permit or renewal permit to operate an adult entertainment establishment shall contain the address of the permit premises, the name and address of the permit holder, and the date of issuance and the date of expiration of the permit.
(Ord. O2007-18, passed 2-20-2007)