(A) The Mayor shall approve the issuance of a license within 30 days after receipt of an application unless the Mayor determines:
(1) An applicant is a minor;
(2) 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;
(3) An applicant has failed to provide information reasonably necessary 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, or a designated operator has been convicted of a violation of a provision of this article within two years immediately preceding the application;
(5) Any fee required by this article has not been paid;
(6) An applicant has been operating the proposed business as a sexually oriented business without a valid license issued under this article;
(7) Operation of the proposed sexually oriented business would violate the city's zoning ordinances; or
(8) An applicant, an applicant's spouse, or a designated operator has been convicted of any of the following New Mexico crimes or comparable crimes in any other jurisdiction:
(a) Prostitution, § 30-9-2 NMSA 1974;
(b) Promoting prostitution, § 30-9-4 NMSA 1974;
(c) Accepting earnings of a prostitute, § 30-9-4.1 NMSA 1974;
(d) Patronizing prostitutes, § 30-9-3 NMSA 1974;
(e) Sexual exploitation of children, § 30-6A-3 NMSA 1974;
(f) Sexual exploitation of children by prostitution, § 30-6A-4 NMSA 1974;
(g) Prostitution; loitering; promoting, § 60-7A-17 NMSA 1974;
(h) Criminal sexual penetration; § 30-9-11 NMSA 1974;
(i) Criminal sexual contact; § 30-9-12 NMSA 1974;
(j) Criminal sexual contact of a minor; § 30-9-13 NMSA 1974;
(k) Criminal sexual communication with a child; § 30-37-3.3 NMSA 1974;
(l) Indecent exposure; § 30-9-14 NMSA 1974;
(m) Aggravated indecent exposure; § 30-9-14.3 NMSA 1974;
(n) Retail display; § 30-37-2.1 NMSA 1974; or
(o) Incest; § 30-10-3 NMSA 1974.
(9) Subsection (8) shall only apply if:
(a) Less than two years has 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 for a misdemeanor offense;
(b) Less than five years has 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 for a felony offense; or
(c) Less than five years has elapsed since the date of the last 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) The Mayor is authorized to conduct such records background check on any applicant as is permitted by law. The actual cost of any such background check shall be charged to the applicant.
(C) The Mayor, upon approving issuance of a sexually oriented business license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The Mayor's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this article and obtained possession of the license.
(D) The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The license must 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.