(A) Within 30 days of the receipt of the forwarded application and reports from the Chief of Police and Zoning Administrator, the City Council shall, in any regular or special meeting, consider the application for a sexually oriented business license, after having given the applicant ten days’ advance written notice of the consideration and hearing. The applicant, or its representative, shall appear before the City Council at the time scheduled for the City Council’s consideration and hearing on the application. At the hearing, the applicant or its representative may present oral or written information in support of the issuance of a license and may confront and question any information in opposition to the issuance of a license.
(B) After the hearing and consideration, the City Council shall approve the issuance of a license to an applicant unless the City Council determines one or more of the following to be true:
(1) An applicant is under 18 years of age;
(2) An applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business;
(3) An applicant has failed to provide information or documentation reasonably necessary for issuance of the license or has falsely answered a question or request for information or documentation on the application form;
(4) An applicant 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;
(5) The investigation fee required by this chapter has not been paid;
(6) An applicant or the proposed establishment is in violation or is not in compliance with any provision of this chapter; and/or
(7) An applicant has been convicted of a crime involving any of the following offenses as described in the Nebraska State Statutes: prostitution, promotion of prostitution, aggravated promotion of prostitution, compelling prostitution, obscenity, sale, distribution or display of harmful material to minors, sexual performance by a minor, possession of a child pornography, public lewdness, indecent exposure, indecency with a child, sexual assault or aggravated sexual assault, incest, solicitation of a child, harboring a runaway child, criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses, for which less than two 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 misdemeanor offense, or 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 less than five years have elapsed since the date of the last conviction or 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 a combination of misdemeanor offenses occurring within any 24-month period. The fact that a conviction is being appealed has not effect on the disqualification of the applicant. An applicant who has been convicted of an offense listed in this division may qualify for a sexually oriented license only when the time period required has elapsed.
(C) The City Council, upon approving the issuance of a sexually oriented business license, shall cause to be sent to the applicant by certified mail, return receipt requested, written notice of that action and that the applicant must pay the license fee and obtain the license. The City Council’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 chapter and obtained possession of the license. The City Council, upon denial of the issuance of a sexually oriented business license, shall cause to be sent to the applicant, by certified mail, return receipt requested, written notice of that action.
(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, the address of the sexually oriented business and the classification of the license. 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. A sexually oriented business license shall issue for only a classification as provided in § 119.04.
(Ord. 822, passed 4-26-2005)