(a) Within five days of receipt of an application for a sexually oriented business license, the Zoning Official and/or Health Department shall notify the Police Chief, the Fire Chief, the Planning Director and the Cuyahoga County Health Commissioner of such application. In making such notification, the Zoning Official and/or Health Department shall request that the Fire Chief and Health Commissioner promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.
(b) Upon receipt of an application for a sexually oriented business license, the Zoning Official and/or Health Department shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant(s). The Police Chief shall record the results of his or her investigation in writing within five days of the completion of his or her investigation.
(c) The Fire Chief shall provide to the Chief Building Official a written certification of whether the premises are in compliance with the Fire Code within ten days of receipt of notice of the application.
(d) The Planning Director shall provide to the Zoning Official and/or Health Department written certification of whether the proposed sexually oriented business is in compliance with § 1288.03(Sexually Oriented Business Regulations) of the Planning and Zoning Code.
(e) The Zoning Official and/or Health Department shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of notice of the application, and shall complete a written certification of whether the premises are in compliance with the Building Code, and the provisions of this chapter related to physical characteristics of the premises within 15 days after receipt of the application.
(f) Within 21 days after receipt of a completed sexually oriented business license application, the Zoning Official and/or Health Department shall review such application with the Director of Law and shall approve or deny the issuance of a license. The Zoning Official and/or Health Department shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under 18 years of age;
(2) An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face;
(3) An applicant has been denied an adult business license or has had a license to operate a sexually oriented business or adult motel revoked within the preceding 12 months by any jurisdiction;
(4) An applicant has been convicted of a specified criminal activity as defined in § 869.02 of this chapter;
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of § 1288.08 of the Planning and Zoning Code, the General Offenses Code of the city, or state statute or regulation;
(6) The application and investigation fee required by this chapter has not been paid; and/or
(7) An applicant is in violation of or not in compliance with any provision of this chapter, except as provided in division (f)(1) hereof.
(g) If the Zoning Official and/or Health Department determines that one or both of the following findings is true, the license issued pursuant to division (a) 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 Zoning Official and/or Health Department indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions, including the provisions of this chapter related to characteristics of the physical premises. This division (g) shall not apply to premises that are in violation of any law or regulation that is identified or referenced in divisions (e)(1) through (e)(7) hereof; and/or
(2) An applicant is overdue in payment to the city 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.
(h) If the Zoning Official and/or Health Department determines that no other grounds for denial of a license exist under division (a) hereof, the Zoning Official and/or Health Department shall not delay approval of the application past the end of the 21-day period provided in this section solely because the Fire Chief or the Health Commissioner has not provided the Zoning Official and/or Health Department with the results of his or her inspection of the premises; the results of the Building Inspector’s inspection of the premises are not available; and/or the Police Chief has not completed his or her investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Zoning Official and/or Health Department receives information from his or her investigation which he or she determines constitutes grounds for denial of a license under division (a) hereof, then the sexually oriented business license issued pursuant to division (g) hereof shall be immediately revoked. If after approving the issuance of a license, the Zoning Official and/or Health Department receives information concerning the results of inspections of the premises by the Fire Chief or the Health Commissioner’s inspection, which the Zoning Official and/or Health Department determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under division (f) hereof, then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to division (g) hereof to correct all deficiencies noted within 120 days of the date such requirement is added.
(i) A sexually oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the licensed sexually oriented business or adult motel, and the classification for which the license is issued pursuant to § 869.03 of this chapter. All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(j) The Zoning Official and/or Health Department shall advise the applicant in writing of the reasons for any license denial.
(Ord. 2002-175, passed 10-7-2002)