(a) Issuance. The Sexually Oriented Business Use Commissioner shall issue a sexually oriented business license to an applicant if, but only if, the Sexually Oriented Use Commissioner finds and determines all of the following based on reports, investigations, and inspections conducted by the Sexually Oriented Business Use Commissioner and any Reviewing Departments and on any other credible information on which it is reasonable for the Sexually Oriented Business Use Commissioner to rely on:
(1) All information and documents required by this chapter for issuance of a sexually oriented business license have been properly provided and the material statements made in the application are true and correct.
(2) No person identified on the application has been convicted of, or pleaded nolo contendre to, any criminal act within five years immediately preceding the date of the application.
(3) No person identified in the application is overdue on payment to the Village of taxes, fees, fines, or penalties assessed against or imposed on any such individual in connection with any sexually oriented business.
(4) The sexually oriented business and the licenses premises comply with all then-applicable building, health and safety codes and have received all necessary zoning approvals required pursuant tot he then-applicable provisions of the Shawnee Hills Zoning code.
(5) The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of the Village Zoning Ordinances applicable to sexually oriented business establishments and its proposed operation are and shall be in compliance therewith.
(b) Denial. If the Sexually Oriented Business use Commissioner determines that the applicant has not met any one or more of the conditions set forth herein, then the Sexually Oriented Business use Commissioner shall deny issuance of the sexually oriented business license and shall give the applicant a written notification and explanation of such denial. The Commissioner will only accept and process to completion one (1) application per location at a time. No new applications for any location will be accepted while an application for this location is the subject of any appeal process.
(c) License Deemed Issued. If the Sexually Oriented Business use Commissioner does not issue or deny the sexually oriented business license within 30 days after the properly completed application is submitted, then the sexually oriented business license applied for shall be deemed to have been issued.
(Ord. 18-2001. Passed 10-22-01.)