731.09 ACTION ON APPLICATION(S).

   (a)    The Safety Service Director or his/her designee shall act on the nightclub or nightclub promoter application within thirty (30) days after the applicant has complied with the provisions of this Chapter.

   (b)    This application will be denied if:

            (1)    The application is incomplete, contains any false information or fails to comply with these regulations;

            (2)    The operation of a nightclub at the specified premises would violate existing zoning restrictions;

            (3)    The report of the building, health and safety inspections conducted pursuant to this Chapter reveals any illegal, unsanitary, unsafe or hazardous condition on the premises subject to the permit or renewal permit or any violation of applicable health and safety codes;

            (4)    The applicant has failed to cooperate with any required building, health or safety inspection or background investigation, as applicable;

           (5)    The applicant or any person named in the application for a permit is under age eighteen;

            (6)    The applicant or any person named in the application within the past five (5) years has been convicted of or pleaded guilty to a felony, or any criminal offense involving drugs or violence set forth in the Ohio Revised Code or substantially equivalent offense under a municipal ordinance in Ohio, or under the laws of another state or territory or of the United States, or under a municipal ordinance in any such jurisdiction;

            (7)    Any person employed at the nightclub has been convicted of or pleaded guilty to a violation listed in this Chapter.

            (8)    The Ohio Liquor Control Commission has revoked a permit held by any one of the persons named on the nightclub application;

            (9)    The applicant has violated these regulations, or aided and abetted any violation of these regulations;

            (10)    Excluding existing nightclubs as of the effective date of this Chapter, the location of the nightclub is within one thousand (1,000) feet from the boundaries of a parcel of real estate having situated on it a school, church, library, public park, tavern, bar, adult cabaret, or another nightclub;

       (11)    The required minimum distance between any two (2) nightclubs or to any bar or tavern shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such business. The distance between any nightclub and any school, public park, church, library, residential district, or residential use shall be measured in a straight line, without regard to intervening structures, from the closest property line of the school, public park, church, library or residential district.

            (12)    Excluding existing nightclubs as of the effective date of this Chapter, the location of the nightclub is within one thousand (1,000) feet from the boundaries of any residential district;

            (13)    The building, structure, or portion thereof already contains a bar or tavern and the premises will be used as a teen nightclub.

      (c)    If the application is denied, the Safety Service Director or his/her designee shall promptly notify the applicant in writing of the order denying the application. If approved, the Safety Service Director or his/her designee shall promptly issue to the applicant a permit.

   (d)   A permit to operate a nightclub or be a nightclub promoter shall contain the address of the permit premises, the name and address of the permit holder, and the date of issuance and date of expiration of the permit.

(Ord. 2202-47. Passed 10-11-22.)