(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within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months;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)