(a) Reports of City Officials Required for City Review. Upon receipt of an application for a license under this chapter, the Safety Director shall request the following reports, which shall be rendered to him/her with copies to the applicant within thirty (30) days of the date of filing of the application:
(1) A written report for the Fire Chief shall be submitted to the Safety Director as to whether the premises and any entertainment devices thereon will create a fire hazard;
(2) A written report for the Lake County Building Department shall be submitted to the Safety Director as to whether all building codes have been satisfied. The report shall include a formal accredited plan review report verifying proper code compliance of the premises and operations, including any building or occupancy permits;
(3) A written report from the Building Commissioner shall be submitted to the Safety Director as to whether all zoning regulations have been satisfied. The report shall include a description of the status of any conditional use permit application(s) and clearly indicate whether final administrative approval has been issued; and
(4) A written report from the Police Chief of all criminal activity or investigations within five hundred (500) feet of the establishment. This report will include criminal or complaint activity generated from the premises and non-related entertainment device arcade activity within that radius.
(b) Determination Procedure. All applications for licenses under this chapter shall be considered by the Safety Director, who shall, within ten (10) days after receiving the written reports, either issue such licenses or deny issuance of such license. In the event that zoning or building permits or final approvals remain pending, the Safety Director may issue a license conditioned upon said administrative determination. No license shall be issued, nor entertainment device operated in violation of zoning or building code requirements.
(1) Appeal to Board. In the event of the denial of issuance of such a license, the applicant shall be notified of such denial and the specific reasons therefore in writing. Such notice shall be mailed or delivered to the applicant at the address specified in the application. The applicant shall have thirty (30) days after issuance and delivery of such notice within which to appeal such denial, by filing a written notice of appeal with the Board of Zoning Appeals. Thereupon, the applicant shall have an opportunity to be heard in accordance with the ordinances and rules governing matters before the Board of Zoning Appeals. The appeal shall be heard by the Board of Zoning Appeals, which Board shall have the power after such hearing to confirm the denial, order the license to be issued, or, at its discretion, to issue a conditional or probationary license. In rendering its decision, the Board may, for good cause shown, modify or waive any of the provisions of this chapter in the interest of justice.
(2) Appeal to Court. The decision of the Board may, within thirty (30) days thereof, be appealed to a court of competent jurisdiction under Ohio Revised Code Chapter 2506.
(Ord. 2023-32. Passed 10-23-23.)