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§ 110.04 CLASSIFICATION.
   Sexually oriented businesses are classified as follows:
   (A)   Adult arcades;
   (B)   Adult bookstores or adult video stores;
   (C)   Adult cabarets;
   (D)   Adult motels;
   (E)   Adult motion picture theaters;
   (F)   Adult theaters;
   (G)   Escort and escort agencies;
   (H)   Nude model studios;
   (I)   Sexual encounter centers; and
   (J)   Other sexually oriented businesses described herein or as determined by the Township Board.
(Prior Code, § 49.104) (Ord. 71601, eff. 8-15-2001)
§ 110.05 LICENSING OF SEXUALLY ORIENTED BUSINESSES.
   (A)   A person is in violation of the zoning regulations if he or she operates a sexually oriented business without a valid license, issued by the township for the particular type of business.
   (B)   The right to operate a sexually oriented business shall be reviewed by the Planning Commission. The review shall include a site plan prepared in accordance with the Chapter 156 of this code of ordinances, as codified in Chapter 156 of this code of ordinances. The applicant must also submit a plan of operation prepared in accordance with the sexually oriented business application information sheet provided by the Township Clerk.
   (C)   At the time the completed application for a sexually oriented business is submitted, the Township Clerk will within 48 hours forward the application to the Township Zoning Administrator who will check the application for completeness of information within ten days of the date the application is submitted; if the application is determined to be complete, a written review shall be prepared by the Zoning Administrator and a public hearing scheduled within 30 days, following the determination of completeness by the Zoning Administrator. The public hearing shall be noticed in conformance with § 156.261 of the zoning regulations. If the application is determined to be incomplete, it shall within ten days be returned to the applicant with a written statement identifying all deficiencies or missing information prior to resubmission to the Zoning Administrator.
   (D)   Prior to the public hearing date, written review shall be prepared by the Chief of Police, Fire Department, Township Attorney and Building Inspector. As part of the review process, representatives of the respective township officials may inspect the proposed premises to determine compliance with the requirements herein.
   (E)   If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a license as the applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under § 110.06 and each applicant shall be considered a licensee if a license is granted.
   (F)   The applicant must acknowledge that all information provided to the township is true and accurate, and must further agree to be liable for the payment of the township’s legal fees in the event the township is successful in any administrative or judicial proceedings alleging a violation of these provision.
(Prior Code, § 49.105) (Ord. 71601, eff. 8-15-2001)
§ 110.06 ISSUANCE OF LICENSE OR EMPLOYEE PERMIT.
   (A)   (1)   The Planning Commission shall review the site plan, plan of operation and pertinent information for all sexually oriented businesses proposed after the effective date of this chapter. The Planning Commission shall recommend the issuance of a license by the Township Clerk to an applicant within 30 days after its review and approval, unless the Commission finds one or more of the following to exist as set forth in division (B) below. The Planning Commission’s recommendation of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all the fees required by this chapter and obtained possession of the license from the Township Clerk.
      (2)   Failure to obtain review and approval from the Planning Commission is a valid reason for the denial of a license.
   (B)   The following may constitute the basis for denial of a license to operate a sexually oriented business:
      (1)   An applicant is under 18 years of age;
      (2)   An applicant or an applicant’s spouse is overdue in any payment to the township of taxes, fees, fines or penalties assessed against or imposed in relation to a sexually oriented business;
      (3)   An applicant has failed to provide information reasonably necessary for the issuance of the license, has provided misleading information, or has falsely answered a question or request for information on the application form;
      (4)   An applicant or an applicant’s spouse has been convicted of a violation of a provision of this section, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the filing of the application. The fact that a conviction is being appealed shall have no consideration;
      (5)   An applicant is residing with a person who has been denied a license by the township to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months;
      (6)   The premises to be used for the sexually oriented business has not been approved by the Health Department, Fire Department or the Building Official; or the premises is not in compliance with applicable laws and ordinances;
      (7)   The proposed business site does not meet the locational requirements defined in § 110.13;
      (8)   The applicant is unable to meet the site plan requirements identified by the Township Planning Commission and applicable sections of the zoning regulations;
      (9)   The license fee required by this chapter has not been paid;
      (10)   An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner;
      (11)   An applicant or an applicant’s spouse has been convicted of or is under indictment or misdemeanor complaint for a crime involving a violation of the State Public Health Code, or any of the following offenses as described in the State Penal Code, for which less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date:
         (a)   Offenses involving criminal sexual conduct;
         (b)   Obscenity;
         (c)   Sale, distribution or display of harmful material to a minor;
         (d)   Sexual performance by a child;
         (e)   Possession of child pornography;
         (f)   Public lewdness;
         (g)   Indecent exposure;
         (h)   Indecency with a child;
         (i)   Engaging in organized criminal activity;
         (j)   Sexual assault or aggravated sexual assault;
         (k)   Incest, solicitation of a child or harboring a runaway child;
         (l)   Kidnaping;
         (m)   Robbery;
         (n)   Bribery;
         (o)   A violation of the State Controlled Substances Act punishable as a felony; or
         (p)   Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
      (12)   The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse;
      (13)   An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (B)(11) above for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a sexually oriented business license only if the Chief of Police determines that the applicant or applicant’s spouse is presently fit to operate a sexually oriented business. In determining present fitness under this section, the Chief of Police shall consider the following factors concerning the criminal conviction:
         (a)   The circumstances, extent and nature of any past criminal activity;
         (b)   The age at the time of the commission of the crime;
         (c)   The amount of time that has elapsed since the last illegal activity;
         (d)   The conduct and work activity prior to and following the illegal activity;
         (e)   Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
         (f)   Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement and correctional officers who prosecuted, arrested or had custodial responsibility for that person; the Sheriff or Chief of Police in the community where he or she resides; and any other persons in contact with him or her.
      (14)   It is the responsibility of the applicant, to the extent possible, to secure and provide necessary and reliable evidence required to determine present fitness under division (B)(13)above;
      (15)   The applicant will also be required to provide a plan of operation for the sexually oriented business in accordance with the sexually oriented business application information sheet; and
      (16)   The licensee shall maintain and retain for a period of two years the names, addresses and ages of all persons employed at the sexually oriented business.
   (C)   (1)   Any business hereafter defined as a sexually oriented business lawfully operating within the township on the effective date of this chapter must apply for and acquire a license in accordance with the above requirements.
      (2)   Licenses for existing sexually oriented businesses may be administratively approved by the Township Clerk upon receipt of a completed application.
   (D)   The license, if granted, must 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 license must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
   (E)   Each employee or independent contractor working in a sexually oriented business must be currently licensed by the Township Clerk. Such licenses must be produced upon request by any township official.
(Prior Code, § 49.106) (Ord. 71601, eff. 8-15-2001)
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