(A) Within 30 days after receipt of a completed application, the City Clerk will approve or deny the issuance of a license to an applicant for a sexually oriented business license. The City Clerk will approve the issuance of a license to an applicant unless the Chief of Police finds one or more of the following to be true:
(1) An applicant is under 18 years of age.
(2) The application and investigation fee or the license fee required by this chapter have not been paid.
(3) An applicant or an applicant's spouse is overdue in 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.
(4) An applicant has failed to provide information required in order to determine the qualifications of the applicant under this chapter for issuance of the license, or has falsely answered a question or request for information on the application form.
(5) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter or other provisions of the Code of Ordinance of the City of Albemarle.
(6) An applicant or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the 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.
(7) An applicant or an applicant's spouse has been convicted of a crime involving:
(a) Any offense described in Articles 7A, 26, 26A, 27, 37, or 39 of Chapter 14 of the North Carolina General Statutes; or any similar offenses to those described above under the criminal or penal code of North Carolina, other states, Albemarle, other cities, or other countries; or facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses; for which:
(i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(iii) less than five years have elapsed since the date of the least conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(b) Reserved.
(B) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(C) An applicant who has been convicted or whose spouse has been convicted of an offense listed above may qualify for a sexually oriented business license only when the time period required by this section has lapsed.
(D) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the classification of sexually oriented business for which it is granted, the expiration date, and the address of the sexually oriented business. Licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(Ord. 97-09, passed 3-17-97) Penalty, see § 68.99