(a) Within five (5) regular business days of receipt of a completed application for a sexually oriented business license, the Economic Development Director, or his designee, shall notify the Village of Obetz Police Chief, the Hamilton and Madison Township Fire Chief and the Franklin County Health Commissioner of such application. In making such notification, the Economic Development Director shall request the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant(s), and shall request that the Fire Chief and Health Commissioner promptly inspect the premises for which adult business license is sought to assess compliance with the regulations under their respective jurisdictions.
The Police Chief and the Fire Chief shall begin their respective investigations and inspection processes promptly upon receipt of notice of an application from the Economic Development Director, or his designee. The Police Chief shall provide the results of this investigation to the Economic Development Director, or his designee, in writing, within ten (10) days of receipt of notice of the application. The Fire Chief shall provide to the Economic Development Director, or his designee, a written certification of whether the premises are in compliance with the Fire Code within (10) days of receipt of notice of the application.
The Economic Development Director shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of the application, and shall complete a written certification of whether the premises are in compliance with the building Code, the Planning and Zoning Code, and the provisions of this chapter related to physical characteristics of the premises within fifteen (15) days after receipt of the application.
(b) Within twenty-one (21) days after receipt of a completed sexually oriented business license application, the, Economic Development Director, or his designee shall approve or deny the issuance of the license. The Economic Development Director, or his designee, shall approve the issuance of a license to an applicant unless he determines that one or more of the following findings are true:
(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
(3) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license within two years immediately preceding the application The fact that a conviction is being appealed shall have not effect.
(4) An applicant has been denied an adult business license or has had a license to operate a sexually oriented business revoked within the preceding twelve (12) months by any jurisdiction.
(5) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law abiding manner thus necessitating action by law enforcement officer.
(6) An applicant has been convicted of a specified criminal activity as defined in Section 1193.02.
(7) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of the Planning and Zoning Code, the General Offenses Code of the Village, or State statute or regulation.
(8) The application and investigation fee required by this chapter has not been paid.
(9) An applicant is in violation of or is not in compliance with any provision of this chapter, except as provided in subsection (c)(1) hereof.
(c) If the Economic Development Director, or his designee, determines that one or both of the following findings is true, the license issued pursuant to subsection (b) hereof shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued.
(1) The results of inspections of the premises by the Fire Chief, the Health Commissioner, and/or the Economic Development Director or his designee indicates that the premises are not in compliance with applicable laws and regulations under their respective jurisdiction including the provisions of this chapter related to characteristics of that physical premises. This subsection shall not apply to premises that are in violation of any law or regulation that is identified or referenced in subsections (b)(1) through (b)(7) hereof.
(2) An applicant is overdue in payment to the Village of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(d) If the Economic Development Director, or his designee, determines that no other grounds for denial of a license exist under subsection (b) hereof, the Economic Development Director, or his designee, shall not delay approval of the application past the end of the twenty-one (21) day period provided in this section solely because the Fire Chief or the Health Commissioner has not provided the Economic Development Director, or his designee, with the result of his inspection of the premises; the results of the Director of the inspection of the premises are not available; and/or the Police Chief has not provided the results of his investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Economic Development Director, or his designee, receives information from the Police Chief concerning his investigation which the Economic Development Director determines constitutes grounds for denial of a license under subsection (b) hereof, then the sexually oriented business license issued pursuant to this subsection (d) hereof shall be immediately revoked. If after approving the issuance of a license, the Economic Development Director receives information concerning the results of inspection of the premises by the Fire Chief or the Health Commissioner's own inspection which the Economic Development Director determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) hereof: then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to this subsection (d) hereof to correct all deficiencies noted within 120 days of the date such requirement is added.
(e) The Economic Development Director shall advise the applicant in writing of the reasons for any license denial.