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CITY OF NORTH OLMSTED ORDINANCE NO. 2012 - 119 BY.• Mayor Kennedy AN ORDINANCEAMENDING SECTION 761. 07 OF CHAPTER 761 OF THE BilSINESS REGULATION CODE OF THE CITY OF NORTH OLMSTED, ENTITLED "AD ULT ENTERTAINMENT B USINESSES, " IN ORDER TO ESTABLISH AND REVISE THE REVIEW PROCESS FOR THE REVOCATIONAND DENIAL OFA LICENSEAPPLICATIONSUBMITTED PURSUANT TO CHAPTER 761, AND DECLARING AN EMERGENCY. WHEREAS, on March 9, 1996, this Council adopted Chapter 761 ofthe Business Regulation Code, entitled "Adult Entertainment Business," (Ord. 96-48) for the purpose of licensing and limiting the locations of adult entertainment businesses in the City of North Olmsted in order to, inter alia, lessen the harmful secondary effects of such businesses; and WHEREAS, on December 7, 1999, this Council amended Chapter 761 of the Business Regulation Code (Ord. 99-153) to find that limited engagements, showings or other presentations of adult materials by businesses which do not on a regular basis engage, show or present adult materials to their patrons and the general public are nuisance activities which can and will have harmful secondary effects upon the health, safety, morals and general welfare of the residents of North Olmsted and which; by virtue thereof, are regulated by Chapter 761; and WHEREAS, Constitutional Due Process requires a timely application review and a right of judicial review; and WHEREAS, it is the desire of this Council to amend the application review process to comport with Constitutional requirements; and WHEREAS, all prior findings of Council, as set forth in Ordinances 96-48 and 99-153 are expressly incorporated herein as though fully rewritten; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Section 761.07 of Chapter 761 of the Business Regulation Code, which is entitled "Adult Entertainment Business," which presently reads as follows: 1