The results of all investigations conducted pursuant to this chapter shall be forwarded to the Chairman of the Planning Commission for review. The Finance Director shall issue a license for a hot tub establishment after ratification by the Planning Commission of the City, if all requirements for a hot tub establishment license described in this chapter are met unless the Planning Commission finds:
(a) The correct license fee has not been tendered to the City, and, in the case of a check, or bank draft, honored with payment upon presentation.
(b) The operation, as proposed by the applicant, if permitted, would not comply with all applicable laws, including, but not limited to, the City's building, zoning and health regulations.
(c) The applicant, if an individual; or any of the stockholders holding more than ten percent (10%) of the stock of the corporation, any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; or the holder of any lien, of any nature, upon the business and/or the equipment used therein; and the manager or other person principally in charge of the operation of the business, have been convicted of any of the following offenses or convicted of an offense without the State of Ohio that would have constituted any of the following offenses if committed within the State of Ohio:
(1) An offense involving the use of force and violence upon the person of another that amounts to a felony.
(2) An offense involving sexual misconduct.
(3) An offense involving narcotics, dangerous drugs or dangerous weapons that amounts to a felony. The City may issue a license or permit to any person convicted of any of the crimes described in subsections (c)(1), (2) or (3) hereof if it finds that such conviction. occurred at least five years prior to the date of the application and that the applicant has had no subsequent felony convictions of any nature and no subsequent misdemeanor convictions for crime mentioned in this section.
(d) The applicant has knowingly made any false, misleading or fraudulent statement of fact in the permit application or in any document required by the City in conjunction therewith.
(e) The applicant has had a hot tub establishment license, or other similar permit or license denied, revoked or suspended by the City or any other State or local agency within five years prior to the date of the application.
(f) The applicant, if an individual, or any of the officers and directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership; and the manager or other person principally in charge of the operation of the business, is not over the age of eighteen years.
(g) The applicant has not complied with the requirements of this chapter.
(Ord. 85-34. Passed 5-21-85.)