(a) Within five days of receipt of an application for a sexually oriented business license, the Mayor shall notify the Stow Police Chief and the Stow Fire Chief of such application. In making such notification, the Mayor shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant(s), and shall request that the Fire Chief promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under his jurisdiction.
(1) The Police Chief and the Fire Chief shall begin their respective investigations and inspection processes promptly upon receipt of notice of an application from the Mayor. The Police Chief shall provide the results of his investigation to the Mayor, in writing, within ten (10) days of receipt of notice of the application. The Fire Chief shall provide to the Mayor a written certification of whether the premises are in compliance with the Fire Code within ten (10) days of receipt of notice of the application.
(2) The Mayor shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of the application, and shall complete a written certification of whether the premises are in compliance with the Building Code, the Planning and Zoning Code, and the provisions of this chapter related to physical characteristics of the premises within fifteen (15) days after receipt of the application.
(b) Within twenty-one (21) days after receipt of a completed sexually oriented business license application, the Mayor shall approve or deny the issuance of the license. The Mayor shall approve the issuance of a license to an applicant unless the Mayor determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, has falsely answered a question or request for information on the application form, or has failed to list an individual required to be listed, pursuant to this subsection (b) hereof, and whose listing would result in a denial pursuant to this section is presumed to be material false information for purposes of denial of this application.
(3) An applicant, or any of the other individuals listed pursuant to this subsection (b) hereof, has been denied a sexually oriented business license or has had a license to operate a sexually oriented business or adult motel revoked within the preceding twelve (12) months by any jurisdiction.
(4) An applicant, or any of the other individuals listed pursuant to this subsection (b) hereof, has been convicted of a specified criminal activity as defined in Section 711.02.
(6) The application and investigation fee required by this chapter has not been paid.
(7) An applicant is in violation of or not in compliance with any provision of this chapter, except as provided in subsection (c)(1) hereof.
(c) If the Mayor determines that the results of inspections of the premises by the Fire Chief and/or the Mayor 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, the license issued pursuant to subsection (b) hereof shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued. This subsection shall not apply to premises that are in violation of any law or regulation that is identified or referenced in subsections (b)(1) through (b)(7) hereof.
(d) If the Mayor determines that no other grounds for denial of a license exist under subsection (b) hereof, the Mayor shall not delay approval of the application past the end of the 21-day period provided in this section solely because the Fire Chief has not provided the Mayor with the results of his inspection of the premises; the results of the Mayor's inspection of the premises are not available; and/or the Police Chief has not provided the results of his investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Mayor receives information from the Police Chief concerning his investigation, which the Mayor determines constitutes grounds for denial of a license under subsection (b) hereof, then the sexually oriented business license issued pursuant to this subsection (d) hereof shall be immediately revoked. If after approving the issuance of a license, the Mayor receives information concerning the results of inspections of the premises by the Fire Chief, or concerning the results of the Mayor's own inspection, which the Mayor determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) hereof, then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to this subsection (d) hereof to correct all deficiencies noted within 120 days of the date such requirement is added.
(e) 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, and the classification for which the license is issued pursuant to Section 711.03. 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.
(f) If a person applies for a license at a particular location within a period of six (6) months from the date of denial of a previous application for a license at the location, and there has not been an intervening change in circumstances material to the decision regarding the former reason(s) for denial, the application shall not be accepted for consideration.
(g) The granting of a license does not act as a certification that the proposed sexually oriented business meets all provisions of this chapter or any other health or zoning statute, code, ordinance, or regulation. The existing sexually business, once established, must meet all code provisions required of all regulated businesses including the Provisions for Sexually Oriented Businesses of Sections 711.15, 711.16 and 711.17.
(h) The Mayor shall advise the applicant in writing of the reasons for any license denial.
(Ord. 1999-198. Passed 11-18-99.)