(A) The Zoning Administrator or his or her designee, shall grant or deny an application for a permit or license within 60 days from the date of its proper filing. However, any failure to grant or deny the permit within 60 days shall not be deemed a waiver by the village of its right to deny the permit.
(B) Grant of application for permit.
(1) The Zoning Administrator or his or her designee, shall grant the application unless one or more of the criteria set forth in division (C) below is present.
(2) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business is subject to restrictions on public indecency pursuant to the United States Supreme Court's decision in Barnes v. Glen Theater. Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time
(C) Denial of application for permit.
(1) The Zoning Administrator or his or her designee, shall deny the application for any of the following reasons:
(a) An applicant is under 21 years of age.
(b) An applicant or an applicant's spouse is overdue on his or her payment to the village of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her.
(c) An applicant has failed to provide information required by this subchapter or application for the issuance of the permit or has falsely answered a question or request for information on the application form.
(d) The premises to be used for the sexually oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance. If the agency is the village, all inspections required shall be conducted and completed promptly.
(e) The application or permit fees required have not been paid.
(f) An applicant of the proposed business is in violation of or is not in compliance with any of the provisions of this subchapter, including but not limited to, the zoning locational requirements for a sexually oriented business under § 157.223.
(g) The granting of the application would violate a statute, ordinance, or court order.
(h) The applicant ever had a permit under this subchapter which was suspended or revoked.
(i) An applicant has been convicted of a "Specified Criminal Act" for which:
1. Less than two years have elapsed since the date of finding of guilty or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for a specified criminal act;
2. Less than five years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for a specified criminal act;
3. Less than five years have elapsed since the date of findings of guilty or the date of release from confinement, whichever is the later date, if the findings of guilty are of two or more misdemeanor offenses occurring within any 24-month period for specified criminal acts;
4. The fact that a finding of guilty is being appealed shall have no effect on disqualification of the applicant;
5. An applicant who has been found guilty of a specified criminal act may qualify for a sexually oriented business permit only when the time period required above in this section has elapsed.
(j) An applicant knowingly has in his or her employ, an employee who does not have a valid license as required in § 157.236.
(2) If the Zoning Administrator or his or her designee denies the application, he or she shall notify the applicant of the denial and state the reason(s) for the denial within 14 days of the denial.
(3) If a person applies for a permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(Ord. 04-20, passed 9-7-04)