(a) Within five days of receipt of an application for a sexually oriented business license, the Building Commissioner shall notify the Strongsville Police Chief, the Strongsville Fire Chief, the City Engineer and the Health Commissioner of such application. In making such notification, the Building Commissioner 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, the City Engineer and Health Commissioner promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the laws and regulations under their respective jurisdictions.
The Police Chief, the Fire Chief, the City Engineer and the Health Commissioner shall begin their respective investigation and inspection processes promptly upon receipt of notice of an application from the Building Commissioner. The Police Chief shall provide the results of his investigation to the Building Commissioner, in writing, within 10 days of receipt of notice of the application. The Fire Chief, the City Engineer and the Health Commissioner shall provide to the Building Commissioner a written certification of whether the premises are in compliance with the laws and regulations under their respective jurisdictions within 10 days of receipt of notice of the application.
The Building Commissioner 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 Part Fourteen-Building and Housing Code and Part Twelve- Planning and Zoning Code, and all other provisions of the Codified Ordinances under his jurisdiction within 18 days after receipt of the application.
(b) Within 21 days after receipt of a completed adult business license application, the Building Commissioner shall approve or deny the issuance of the license. The Building Commissioner shall approve the issuance of a license to an applicant unless he 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 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 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 has been convicted of a specified criminal activity as defined in Section 830.01 of this chapter.
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of the Planning and Zoning Code of the City, 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.
(7) An applicant is in violation of or is not in compliance with any provision of this chapter.
(c) If the Building Commissioner determines that one or both of the following findings is true, the license issued pursuant to Subparagraph 830.07(b) of this section 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 City Engineer, the Health Commissioner, and/or the Building Commissioner 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 subparagraph shall not apply to premises that are in violation of any law or regulation that is identified or referenced in subparagraphs (b)(1) through (b)(7) above.
(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.
(d) If the Building Commissioner determines that no other grounds for denial of a license exist under Subparagraph 830.06(b) of this section, the Building Commissioner shall not delay approval of the application past the end of the 21-day period provided in this section solely because the Fire Chief, City Engineer or the Health Commissioner has not provided the Building Commissioner with the results of his inspection of the premises; the results of the Building Commissioner'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 Building Commissioner receives information from the Police Chief concerning his investigation, which the Building Commissioner determines constitutes grounds for denial of a license under Subparagraph 830.06(b) of this section, then the adult business license issued pursuant to this Subparagraph (d) shall be immediately revoked. If, after approving the issuance of a license, the Building Commissioner receives information concerning the results of inspections of the premises by the Fire Chief, City Engineer or the Health Commissioner, or concerning the results of the Building Commissioner's own inspection, which the Building Commissioner determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under Subparagraph 830.06(c) of this section, then a requirement shall be added to the terms of the sexually oriented business license issued pursuant to this Subparagraph (d) 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 or adult motel, and the classification for which the license is issued pursuant to Section 830.02 of this chapter. All adult 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) The Building Commissioner shall advise the applicant in writing of the reasons for any license denial.
(Ord. 2001-52. Passed 4-8-02.)