(a) The Enforcement Officer shall approve or issue a written notice of intent to deny the issuance of a license to an applicant for a sexually oriented business license, a sexually oriented business operator’s license, or a sexually oriented business employee’s license within twenty (20) days after receipt of a completed application. The Enforcement Officer shall approve the issuance of the applicable license unless one or more of the following is found to be true:
(1) An applicant or an applicant’s duly authorized agent is less than eighteen (18) years of age;
(2) An applicant or the applicant’s duly authorized agent is delinquent in the payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business.
(3) An applicant has failed to provide information as required by Section 763.03 for issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant; a business entity for which the applicant had, at the time of an offense leading to a criminal conviction described herein, a management responsibility or a controlling interest; or a business entity which is a “related member” of the applicant (as “related member” is defined in Ohio Revised Code Section 5733.042, without regard to division (B) of that section), has been convicted of or plead guilty (including an "Alford" plea or plea of no lo contendre) to a violation of a provision of this Chapter, other than an offense of operating a sexually oriented business without a sexually oriented business license, sexually oriented business operator’s license, or sexually oriented business employee’s license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) The license application fee required by Section 763.05 has not been paid.
(6) An applicant has falsely answered a question or request for information on the application form.
(7) An applicant; a business entity for which the applicant had, at the time of an offense leading to a criminal conviction described herein, a management responsibility or a controlling interest; or a business entity which is a “related member” of the applicant (as “related member” is defined in Ohio Revised Code Section 5733.042, without regard to division (B) of that section), has been convicted of or plead guilty (including an "Alford" plea or plea of no lo contendre) to any offense in violation of Chapter 2907 of the Ohio Revised Code and committed in the state of Ohio or any offense committed outside of Ohio which if committed in Ohio would constitute an offense in violation of Chapter 2907 for which:
A. Less than two (2) years have elapsed since the date of conviction or plea of guilty (including an "Alford" plea or plea of no lo contendre), or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; or
B. Less than five (5) years have elapsed since the date of conviction or plea of guilty (including an "Alford" plea, or plea of no lo contendre), or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business including but not limited to distribution of obscenity or material harmful to minors, prostitution, pandering, or tax violations; or
C. Less than (5) years have elapsed since the latest date of conviction, or plea of guilty (including an "Alford" plea, or plea of no lo contendre), or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses for specified criminal acts which are sexual crimes against children, sexual abuse, rape, or crimes connected with another sexually oriented business, including but not limited to, distribution of obscenity or materials harmful to minors, prostitution, pandering, or tax violations; for two or more offenses occurring within any twenty-four month period.
(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(c) An applicant ineligible for a license due to Paragraph (A)(4) or (A)(7) of this Section may qualify for the applicable sexually oriented business license, sexually oriented business operator’s license, or sexually oriented business employee’s license, only when the time period required by the applicable paragraph has elapsed.
(d) The applicable license, if granted, shall state on its face the name of the individual or other person to whom it is granted, the number of the license issued to that applicant, the expiration date, and the address of the sexually oriented business. A sexually oriented business operator’s license and sexually oriented business employee’s license shall contain a photograph of the licensee. If the operator is other than an individual, the duly authorized agent thereof. The sexually oriented business license shall 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. A sexually oriented business operator, or the duly authorized agent thereof, and/or a sexually oriented business employee, shall keep the operator’s and/or employee’s license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon lawful request by a law enforcement officer or other authorized city official.
(Ord. 00-82. Passed 12-19-00.)