§ 114.05 ISSUANCE OF LICENSE.

   (A)   Upon the filing of a completed application under § 114.04 for a sexually oriented business license, the Clerk-Treasurer shall within one business day issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. Within 40 days of the initial filing date of the completed application, the Clerk-Treasurer shall either issue a license to the applicant or issue a letter of intent to deny the application. The Clerk-Treasurer shall issue the license to the applicant 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 has failed to provide information as required by § 114.04 for issuance of a license or has falsely answered a question or request for information on the application form;

      (3)   The license application fee required by this chapter has not been paid;

      (4)   An applicant has been shown to have committed a violation of §§ 114.07(A), 114.10(B), 114.16(A),(B), or (C) of this chapter within the previous year;

      (5)   The proposed sexually oriented business is located in a zoning district other than an A (Agricultural) District or B-3 (Community Business and Retail Shopping) District pursuant to the Zoning Code or is not in compliance with the provisions of §§ 152.170, et seq. of the Zoning Code; or

      (6)   The premises is not in compliance with the interior configuration requirements of this chapter, as applicable.

   (B)   Upon the filing of a completed application for a sexually oriented business employee license, the Clerk-Treasurer shall within one business day issue a temporary employee license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the license. Within 40 days of the initial filing date of the receipt of a completed application, the Clerk-Treasurer shall either issue a license to the applicant or issue a letter of intent to deny a license to the applicant. The Clerk-Treasurer shall issue a license to the applicant unless one or more of the following is found to be true:

      (1)   The applicant is less than 18 years of age;

      (2)   The applicant has failed to provide information as required by § 114.04 for issuance of a license or has falsely answered a question or request for information on the application form;

      (3)    The license application fee required by this section has not been paid; or

      (4)   The applicant has been shown to have committed a violation of §§ 114.07(A), 114.16(A), (B), or (C) of this chapter within the previous year.

   (C)   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 the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be signed by the Clerk-Treasurer. 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 at all times and shall produce such license for inspection upon request by a law enforcement officer or other city official performing functions connected with the enforcement of this chapter.

(Ord. 2002-10, passed 8-17-02)

§ 114.06 FEES.

   (A)   The initial license and annual renewal fees for a sexually oriented business license or a sexually oriented business employee license shall be set by the Common Council at an amount determined by the Council as sufficient to pay the cost of administering this chapter. In no event shall the fees exceed$500 for the initial fee of a business and $250 for annual renewal; and $200 for the initial employee license and $100 for annual renewal.

   (B)   Fee schedule for sexually oriented business licenses.

      Type of Application            Amount

      Original application for license      $300

      Renewal application for license      $150

      Original application for employee license   $100

      Renewal application for employee license   $50

(Ord. 2002-10, passed 8-17-02)

§ 114.07 INSPECTION.

   (A)   Sexually oriented business operators and sexually oriented business employees shall permit officers or agents of the city who are performing functions connected with the enforcement of this chapter to inspect from time to time, on an occasional basis, the portions of the sexually oriented business premises where patrons are permitted, for the purpose of ensuring compliance with this chapter, at any time the sexually oriented business is occupied by patrons or open for business. A sexually oriented business licensee's knowing or intentional refusal to permit such an inspection shall constitute a violation of this section for purposes of license denial, suspension and/or revocation. This section shall be narrowly construed by the city to authorize reasonable inspections of the licensed premises for purposes of determining compliance with this chapter, but not to authorize a harassing or excessive pattern of inspections.

   (B)   The provisions of this section do not apply to areas of an adult motel which are currently being rented by a customer for use as a permanent or temporary habitation.

(Ord. 2002-10, passed 8-17-02)