(a) Within five days of receipt of an application for a sexually oriented business license, the Building Department shall notify the Police Chief, the Fire Chief, the Mayor and the Cuyahoga County Health Commissioner of such application. In making such notification, the Building Department 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.
(b) Upon receipt of an application for a sexually oriented business license, the Building Department shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant(s). The Police Chief shall record the results of his investigation in writing within five days of the completion of his investigation.
(c) The Fire Chief shall provide to the Building Department a written certification of whether the premises are in compliance with the Fire Code within ten days of receipt of notice of the application.
(d) The Mayor shall provide to the Building Department written certification of whether the proposed sexually oriented business is in compliance with Chapter 1288 (Sexually Oriented Business Regulations) of the Village Code.
(e) The Building Department 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 and the provisions of this chapter related to physical characteristics of the premises within fifteen days after receipt of the application.
(f) Within 21 days after receipt of a completed sexually oriented business license application, the Building Department shall review such application with the Village Solicitor and shall approve or deny, the issuance of a license. The Building Department shall approve the issuance of a license to an applicant unless they determine that one or more of the following findings is true:
(1) An applicant who is a natural person is under 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 an adult business license or has had a license to operate a sexually oriented business or adult motel revoked within the preceding 12 months by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in Section 860.02 of this chapter.
(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of Chapter 1288 of the Village Code, the General Offenses Code of the Village 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 division (f)(1) of this section.
(g) If the Building Department determines that one or both of the following findings is true, the license issued pursuant to division (a) 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 Department 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 division shall not apply to premises that are in violation of any law or regulation that is identified or referenced in divisions (e)(1) through (e)(7) of this section.
(2) An applicant is overdue in payment to the Village 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 Building Department determines that no other grounds for denial of a license exist under division (a) of this section, the Building Department shall not delay approval of the application past the end of the 21 day period provided in this section solely because the Fire Chief or the Health Commissioner has not provided the Building Department with the results of his inspection of the premises are not available; and/or the Police Chief has not completed his investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Building Department receives information from his investigation which he determines constitutes grounds for denial of a license under division (a) of this section, then the sexually oriented business license issued pursuant to division (g) of this section shall be immediately revoked. If after approving the issuance of a license, the Building Department, receives information concerning the results of inspections of the premises by the Fire Chief or the Health Commissioner's inspection, which the Building Department determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under division (f) of this section, then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to division (g) of this section 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 860.03 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 Building Department shall advise the applicant in writing of the reasons for any license denial.
(Ord. 2004-33. Passed 11-2-04.)