(a) Upon receipt of an application for a sexually oriented business license, the Director of Public Safety shall promptly investigate the information provided in the application concerning the criminal background of the applicant(s) and shall record the result of his investigation in writing within five (5) days of the completion of his investigation.
(b) Within five (5) days of receipt of an application for a sexually oriented business license, the Director of Public Safety shall notify the City of Tallmadge Fire Chief, Building Inspector, and the Summit County Health Commissioner of such application. In making such notification, the Director of Public Safety 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.
(c) The Fire Chief shall provide to the Director of Public Safety 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.
(d) The Building Inspector 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, the Zoning Code, and the provisions of this chapter related to physical characteristics of the premises within ten (10) days after receipt of the application.
(e) The Summit County Health Commissioner shall provide the Director of Public Safety a written certification of whether the premises are in compliance with the Health Department regulations within ten (10) days of receipt of the notice of the application.
(f) Within fifteen (15) days after receipt of a completed sexually oriented business license application, the Director of Public Safety shall approve or deny the issuance of a license. The Director of Public Safety shall approve the issuance of a license to an applicant unless he determines that one or more of the following findings are 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, or has falsely answered a question or request for information on the application form.
(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 twelve (12) months by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in Section 760.02(u) of this chapter.
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of the 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.
(7) An applicant is in violation of or not in compliance with any provision of this chapter, except as provided in subparagraph (g)(1) of this section.
(g) If the Director of Public Safety determines that one or both of the following findings is true, the license issued pursuant to subparagraph (f) 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 Health Commissioner, and/or the Building Inspector 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 (e)(1) through (e)(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.
(h) If the Director of Public Safety determines that no other grounds for denial of a license exist under subparagraph (f) of this section, the Director of Public Safety shall not delay approval of the application past the end of the 15-day period provided in this section solely because the Fire Chief or the Health Commissioner has not provided the Director of Public Safety with the results of his inspection of the premises; the results of the Building Inspector’s inspection of the premises are not available; and/or the Director of Public Safety has not completed his investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Director of Public Safety receives information from his investigation which he determines constitutes grounds for denial of a license under subparagraph (f) of this section, then the sexually oriented business license issued pursuant to this subparagraph (h) shall be immediately revoked. If after approving the issuance of a license, the Director of Public Safety receives information concerning the results of inspections of the premises by the Fire Chief or the Health Commissioner’s inspection, which the Director of Public Safety determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subparagraph (g) of this section, then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to this subparagraph (h) 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 Section 760.03 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 Director of Public Safety shall advise the applicant in writing of the reasons for any license denial.
(Ord. 87-1999. Passed 11-11-99.)