(a) The City Manager shall approve or deny the issuance of a license to an applicant for a sexually oriented business license or a sexually oriented business employee license within 30 days after receipt of a completed application. The City Manager shall approve the issuance of a license unless one or more of the following is found to be true.
(1) An applicant is less than 18 years of age.
(2) An applicant or an applicant’s spouse is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business.
(3) An applicant has failed to provide information as required by § 858.03 for issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant; an applicant’s spouse; 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 R.C. § 5733.042, without regard to subsection (B) of that section), has been convicted of a violation of a provision of this chapter, other than an offense of operating a sexually oriented business without a 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 this section has not been paid.
(6) A representative of the proposed establishment has not obtained a certificate of compliance pursuant to § 1274.04(a) of the Xenia Zoning Code or filed a notice of appeal on an adverse zoning decision which is pending at the time of receipt of the application, which shall stay the final decision until a determination is reached on the appeal by the Court of Common Pleas of Greene County, Ohio.
(7) The proposed establishment is located in a zoning district other than an I-2 Heavy Industrial District established under the Xenia Zoning Code; or is not in compliance with the location restrictions established for sexually oriented businesses in that zoning district.
(8) An applicant; an applicant’s spouse; 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 R.C. § 5733.042, without regard to division (B) of that section), has been convicted of any offense in violation of Ohio R.C. Chapter 2907 or any other sex offenses as defined by the Ohio Revised Code and committed in this state or any offense committed outside this state which if committed in this state would constitute an offense in violation of Ohio R.C. Chapter 2907 or any other sex offenses as defined by the Ohio Revised Code for which:
A. Less than two years have elapsed since the date of conviction 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;
B. Less than five years have elapsed since the date of conviction 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 five years have elapsed since the latest date of conviction, 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 24 month period.
(b) The fact that a relevant conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(c) An applicant ineligible for a license due to subsection (a)(4) or (a)(8) of this section may qualify for a sexually oriented business license only when the time period required by the applicable subsection has elapsed.
(d) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. 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 employee shall keep the 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 request by a law enforcement officer or other authorized city official.
(Ord. 05-20, passed 5-12-2005)