850.05 BUSINESS EMPLOYEE LICENSE REQUIRED.

(a) Purpose. The purpose of this chapter is to establish reasonable and uniform regulations to minimize and control the negative secondary effects of sexually oriented businesses within the City in order to promote the health, safety, and welfare of the citizens of the City. The provisions of this chapter have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials or communication, including sexually oriented entertainment. Similarly, it is not the purpose or effect of this chapter to restrict or deny access by adults to sexually oriented entertainment protected by the First Amendment, or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Furthermore, it is not the intent or effect of this chapter to condone or legitimize the distribution or exhibition of entertainment that is obscene.

(b) Findings. Based on evidence concerning the adverse secondary effects of sexually oriented businesses on the community presented in hearings before the City Council and the Municipal Planning Commission and in studies of the Brookpark Road corridor conducted by the City of Brook Park, Ohio; on findings incorporated in the cases of the City of Renton v. Playtime Theaters. Inc., 475 U.S. 41 (1986) and Young v. American Mini Theaters, 426 U.S. 50 (1976); and on studies in other cities, including New York, New York; Islip, New York; Los Angeles, California; Indianapolis, Indiana; Whittier, California; Austin, Texas; and Phoenix, Arizona; along with Manatee County, Florida; New Hanover County, North Carolina; and the State of Minnesota; this Council finds that:

(1) Sexually oriented businesses lend themselves to ancillary unlawful and unhealthy activities.

(2) Sexual acts, including masturbation and oral and anal sex, occur at sexually oriented businesses, especially those which provide private or semiprivate booths or rooms for viewing films, videos, or live sexually oriented entertainment. Such activities may result in spreading communicable diseases such as syphilis, gonorrhea, and human immunodeficiency virus (HIV).

(3) Offering sexually oriented entertainment under conditions that encourage such activities creates unhealthy conditions.

(4) Sanitary conditions in some sexually oriented businesses are unhealthy, in part because of the failure of owners and operators to regulate those activities and maintain their facilities.

(5) Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses where persons view sexually oriented films.

(6) The findings noted in paragraphs (b)(1) through (b)(5) hereof raise substantial governmental concerns.

(7) Sexually oriented businesses have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns.

(8) A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and operators of sexually oriented businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on operators to see that sexually oriented businesses are run in a manner consistent with the health, safety and welfare of patrons and employees, as well as the citizens of the City. It is appropriate to require reasonable assurances that the licensee is the actual operator of the sexually oriented business, and fully in possession and control of the premises and activities occurring therein.

(9) The regulation of nudity in sexually oriented businesses will further the substantial governmental interests in preventing prostitution and other sex-related crimes, including illegal sex acts, and protecting the public health, safety, and welfare.

(10) The removal of doors on viewing booths in sexually oriented businesses and requiring sufficient lighting on premises with viewing booths will advance the substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult arcades and theaters and will facilitate enforcement of the provisions of this chapter and other Federal, State and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety, and welfare.

(11) Requiring sufficient lighting in all sexually oriented businesses will advance the substantial governmental interest in curbing illegal sexual activity on the premises of sexually oriented businesses, and will facilitate enforcement of the provisions of this chapter and other Federal, State and local laws, thereby furthering the substantial governmental interest in protecting the public health, safety, and welfare.

(12) The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of sexually oriented businesses, and by employees of such businesses, will facilitate the enforcement of the provisions of this chapter and other Federal, State and local laws, and will thereby further the substantial governmental interest in protecting the public health, safety, and welfare.

(13) A person who recently has been convicted of a sexually related crime is not an appropriate individual to operate or be employed in a sexually oriented business.

(14) Barring such individuals from the management of and employment in sexually oriented businesses for a period of years serves as a deterrent to and prevents the commission of sexually related criminal acts, including conduct which leads to the transmission of sexually transmitted diseases.

(Ord. 115-98. Passed 9-28-98.)

850.02 DEFINITIONS.

For purposes of this chapter:

(a) "Adult Arcade" means any place to which the public is permitted or invited where either or both: (i) motion picture machines, projectors, video or laser disc players, or other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five or fewer persons at one time; and (ii) images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(b) "Adult Bookstore," "Adult Novelty Store," or "Adult Video Store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one of more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, videodisks, CD-ROM disks, or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(2) Instruments, devices, or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.

(1) Persons who appear in a state of seminudity;

(2) Live entertainment characterized by the depiction or description of specified anatomical areas or specified sexual activities;

(3) Live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment; or

(4) Films, motion pictures, video cassettes, slides, videodisks, CD-ROM disks, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(d) "Adult Motel" means a hotel, motel or similar commercial establishment which:

(1) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this sex-oriented type of photographic reproductions;

(2) Offers a sleeping room for rent for a period of time that is less than ten hours; or

(3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten hours.

(e) "Adult Motion Picture Theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, videodisks, CD-ROM disks, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

(f) "Adult Theater" means a theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of seminudity, live performances which are characterized by the depiction or description of specified anatomical areas, specified sexual activities, or live entertainment of an erotic nature, including exotic dancers, strippers, male or female impersonators, or similar entertainment.

(g) "Covering" means any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.

(h) "Employee" means a person who performs any service or work on the premises of a sexually oriented business, including, but not limited to, providing entertainment, performing work of a management or supervisory nature, or performing support functions, on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. "Employee" does not include a person on the premises exclusively for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

(i) "Employee Station" means an area on the premises of a sexually oriented business designated for occupancy exclusively by one or more employees whose duties include insuring compliance with the provisions of this chapter.

(j) "Licensee" means, with respect to a sexually oriented business license issued under this chapter, a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual(s) designated on the license application as principally responsible for the operation of the sexually oriented business. With respect to a sexually oriented employee license issued under this chapter, "licensee" means a person in whose name a license has been issued authorizing employment in a sexually oriented business.

(k) "Live Viewing Booth" means any private or semiprivate booth, or any viewing room of less than 150 square feet of floor space, to which the public may gain admittance, wherein a live performance is presented to five or fewer persons at any one time.

(l) "Lorain County Health Commissioner" means the Lorain County Commissioner of Health or his or her authorized representative.

(m) "Nude Model Studio" means any place where a person who appears seminude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration.

"Nude model studio" shall not include:

(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation; or

(2) A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3) An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a seminude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one seminude model is on the premises at any one time.

(n) "Nudity" or "Nude" means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.

(o) "Operate" means to control or hold primary responsibility for the operation of a sexually oriented business or adult motel, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "cause to be operated" shall mean to cause to function or to put or keep in operation. "Operator" means any person on the premises of a sexually oriented business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a sexually oriented business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

(p) "Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

(q) "Seminudity" or "Seminude" means exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.

(r) "Sexual Encounter Center" means a business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2) Activities between male and female persons and/or persons of the same sex when one or more of the persons are seminude.

(s) "Sexually Oriented Business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. "Sexually oriented business" does not include an adult motel as defined above.

(t) "Specified Anatomical Areas" means:

(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.

(u) "Specified Criminal Activity" means any of the following offenses:

(1) Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;

(2) For which:

A. 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; or

B. 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.

(3) The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.

(v) "Specified Sexual Activities" means any of the following:

(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

(3) Excretory functions as a part of or in connection with any of the activities set forth in paragraph (v)(1) or (v)(2) hereof.

(w) "Transfer of Ownership or Control" of a sexually oriented business means any of the following:

(1) The sale, lease, or sublease of the business;

(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(x) "Video Booth" means any private or semiprivate booth or any viewing room of less than 150 square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor, or similar equipment is available for the purpose of showing still or motion pictures, videos, or similar images or photographic reproductions to five or fewer persons at any one time.

(y) "Viewing Booth" means a live viewing booth or video booth. "Viewing booths" means live viewing booths, video booths, or any combination thereof.

(Ord. 115-98. Passed 9-28-98.)

850.03 CLASSIFICATION.

Businesses subject to sexually oriented business licensing are classified as follows:

(a) Adult arcades;

(b) Adult bookstores, adult novelty stores, or adult video stores;

(d) Adult motion picture theaters;

(e) Adult theaters;

(f) Nude model studios;

(g) Sexual encounter centers; and

(h) Any combination of classifications set forth in subsections (a) through (g) above.

(Ord. 115-98. Passed 9-28-98.)

850.04 BUSINESS LICENSE REQUIRED.

No person shall:

(a) Operate a sexually oriented business without a valid sexually oriented business license issued by the City pursuant to this chapter.

(b) In connection with operating a sexually oriented business, retain the services of a person as an employee, as defined in Section 850.02, of this chapter, who is not licensed as a sexually oriented business employee by the City pursuant to this chapter.

(Ord. 115-98. Passed 9-28-98.)

850.05 BUSINESS EMPLOYEE LICENSE REQUIRED.

No person shall act as an employee, as defined in Section 850.02, on the premises of a sexually oriented business without having secured a sexually oriented business employee license pursuant to this chapter.

(Ord. 115-98. Passed 9-28-98.)

850.06 BUSINESS LICENSE APPLICATION.

(a) An application for a sexually oriented business license shall be submitted to the City Safety Director on a form provided by the City Safety Director. The application may request and the applicant shall provide such information as is reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this chapter.

(b) An application for a sexually oriented business license shall identify and be signed by the following persons:

(1) If the business entity is owned by an individual, that individual.

(2) If the business entity is owned by a corporation, each officer or director of the corporation and each individual with a ten percent or greater ownership interest in the corporation.

(3) If the business entity is owned by a partnership, each partner and each individual with a ten percent or greater ownership interest in the partnership.

(c) An application for a sexually oriented business license must designate one or more individuals who are to be principally responsible for the operation of the proposed sexually oriented business, if a license is granted. At least one person so designated must be involved in the day-to-day operation of the proposed sexually oriented business on a regular basis. Each person so designated, as well as the business entity itself, shall be considered a license applicant, must qualify as a licensee under this chapter, and shall be considered a licensee if a license is granted.

(d) An application for a sexually oriented business license shall be completed according to the instructions of the application form, which shall require the following:

(1) If the applicant is:

A. An individual, state the legal name and any aliases of such individual;

B. A partnership, state the complete name of the partnership and all of its partners and whether the partnership is general or limited, and provide a copy of the partnership agreement, if any;

C. A corporation, state the complete name of the corporation and the date of its incorporation, provide evidence that the corporation is in good standing under the laws of its state of incorporation, and state the names and capacity of all officers and directors, the name of the registered corporate agent, and the address of the registered office for service of process.

(2) If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, state the fictitious name to be used and submit copies of documentation evidencing the registration of the business name under applicable laws.

(3) State whether any applicant has been convicted of a specified criminal activity, as defined in Section 850.02, and, if so, the specified criminal activity involved and the date, place, and jurisdiction of each such conviction.

(4) State whether any applicant has had a previous license under this chapter or other similar regulation of another jurisdiction denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation; and state whether the applicant has been a partner in a partnership or an officer, director or ten percent or greater owner of a corporation licensed under this chapter whose license has previously been denied, suspended or revoked, including the name and location of the business for which the permit was denied, suspended or revoked, as well as the date of denial, suspension or revocation.

(5) State whether any applicant holds any other licenses under this chapter or other similar regulation from this or another jurisdiction and, if so, the names and locations of such other licensed businesses.

(6) State the classification of license for which the applicant if filing.

(7) State the location of the proposed sexually oriented business, including a legal description of the property (i.e., block and lot), street address, and telephone number(s), if any.

(8) State the mailing address and residential address of each applicant and each person signing the application.

(9) Submit a recent photograph of each applicant who is a natural person, taken by the Avon Police Division, which clearly shows the applicant's face.

(10) Submit the fingerprints of each applicant who is a natural person, recorded by the Avon Police Division.

(11) For any applicant who is a natural person, describe and identify the location of any tattoos on such person's face, arms, legs, or hands, or any other anatomical area that normally would be visible when such person is on the premises of the proposed sexually oriented business.

(12) State the driver's license number and Social Security number of each applicant who is a natural person and each person signing the application, or, for an applicant that is not a natural person, the applicant's federally issued tax identification number.

(13) Submit proof that each applicant who is a natural person is at least eighteen years old.

(14) Submit a sketch or diagram showing the configuration of the premises of the sexually oriented business, including the location of all stages and customer seating and a statement of total floor space occupied by the business. The diagram shall also designate the place at which the sexually oriented business license will be conspicuously posted, if granted. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

(15) If an applicant wishes to operate a sexually oriented business which shall exhibit on the premises, in a viewing booth, as defined in Section 850.02, films, video cassettes, slides, videodisks, CD-ROM disks, other video or image reproduction, or live entertainment which depicts specified sexual activities or specified anatomical areas, then the applicant shall comply with the additional application requirements set forth in Section 850.18.

(Ord. 115-98. Passed 9-28-98.)

850.07 ISSUANCE OF BUSINESS LICENSE.

(a) Within five days of receipt of an application for a sexually oriented business license, the City Safety Director shall notify the Avon Police Chief, the Avon Fire Chief, and the Lorain County Health Commissioner of such application. In making such notification, the City Safety Director shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant(s), and shall request that the Fire Chief and Lorain County Health Commissioner promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.

The Police Chief and the Fire Chief shall begin their respective investigations and inspection processes promptly upon receipt of notice of an application from the City Safety Director. The Police Chief shall provide the results of his or her investigation to the City Safety Director, in writing, within ten days of receipt of notice of the application. The Fire Chief shall provide to the City Safety Director a written certification of whether the premises are in compliance with the Fire Code within ten days of receipt of notice of the application.

The City Safety Director shall commence the inspection of the premises for which a sexually oriented business license is sought promptly upon receipt of the application, and shall complete a written certification of whether the premises are in compliance with the Building and Housing Code, the Planning and Zoning Code, and the provisions of this chapter relating to physical characteristics of the premises within fifteen days after receipt of the application.

(b) Within twenty-one days after receipt of a completed sexually oriented business license application, the City Safety Director shall approve or deny the issuance of the license. The City Safety Director shall approve the issuance of a license to an applicant unless the Safety Director determines that one or more of the following findings is true:

(1) An applicant who is a natural person is under eighteen years of age.

(2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.

(3) An applicant has been denied a sexually oriented business license or has had a license to operate a sexually oriented business or adult motel revoked within the preceding twelve months by any jurisdiction.

(4) An applicant has been convicted of a specified criminal activity as defined in Section 850.02.

(5) The proposed sexually oriented business would violate or fail to be in compliance with any provisions of the Planning and Zoning Code, the General Offenses Code or any State statute or regulation.

(6) The application and investigation fee required by this chapter has not been paid.

(7) An applicant is in violation of or is not in compliance with any provision of this chapter, except as provided in paragraph (c)(1) hereof.

(c) If the City Safety Director determines that one or both of the following findings is true, the license issued pursuant to subsection (b) hereof shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:

(1) The results of inspections of the premises by the Fire Chief, the Lorain County Health Commissioner, and/or the City Safety Director indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions, including the provisions of this chapter relating to characteristics of the physical premises. This paragraph shall not apply to premises that are in violation of any law or regulation that is identified or referenced in paragraphs (b)(1) through (b)(7) hereof.

(2) An applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge.

(d) If the City Safety Director determines that no other grounds for denial of a license exist under subsection (b) hereof, the City Safety Director shall not delay approval of the application past the end of the twenty-one day period provided in this section solely because the Fire Chief or the Lorain County Health Commissioner has not provided the City Safety Director with the results of his or her inspection of the premises; the results of the City Safety Director's inspection of the premises are not available; and/or the Police Chief has not provided the results of his or her investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the City Safety Director receives information from the Police Chief concerning his or her investigation, which the City Safety Director determines constitutes grounds for denial of a license under subsection (b) hereof, then the sexually oriented business license issued pursuant to this subsection (d) shall be immediately revoked. If, after approving the issuance of a license, the City Safety Director receives information concerning the results of inspections of the premises by the Fire Chief or the Lorain County Health Commissioner, or concerning the results of the City Safety Director's own inspection, which the City Safety Director determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under subsection (c) hereof, then a requirement shall be added to the terms of the sexually oriented business licenses issued pursuant to this subsection (d) to correct all deficiencies noted within 120 days of the date such requirement is added.

(e) A sexually oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the licensed sexually oriented business, and the classification for which the license is issued pursuant to Section 850.03. All sexually oriented business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.

(f) The City Safety Director shall advise the applicant in writing of the reasons for any license denial.

(Ord. 115-98. Passed 9-28-98.)

850.08 EMPLOYEE LICENSE APPLICATION.

(a) An application for a sexually oriented employee license shall be submitted to the City Safety Director on a form provided by the City Safety Director's office. The application may request and the applicant shall provide such information as reasonably necessary (including fingerprints) to enable the City to determine whether the applicant meets the qualifications established in this chapter.

(b) An application for a sexually oriented business employee license shall be completed according to the instructions of the application form, which shall require the following:

(1) State the applicant's name and any other names (including stage names) or aliases used by the applicant.

(2) State the applicant's date and place of birth.

(3) State the applicant's height, weight, and hair and eye color.

(4) Submit a recent photograph of the applicant, taken by the Avon Police Division, which clearly shows the applicant's face.

(5) Submit the applicant's fingerprints, recorded by the Avon Police Division.

(6) Describe and identify the location of any tattoos on the applicant's face, arms, legs, or hands, or any other anatomical area that normally would be visible when the applicant is on the premises of the proposed sexually oriented business.

(7) State the applicant's present residence address and telephone number.

(8) State the applicant's present or intended business address and telephone number.

(9) State the applicant's driver's license number and Social Security number.

(10) Submit proof that the applicant is at least eighteen years old.

(11) Provide a statement detailing the sexually oriented business related license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate a sexually oriented business in this or any other jurisdiction, and whether the applicant has ever had a sexually oriented business related license, permit, or authorization to do business denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name of the issuing or denying jurisdiction and describe in full the reason for the denial, revocation, or suspension. Attach a copy of any order of denial, revocation, or suspension.

(12) State whether the applicant has been convicted of a specified criminal activity as defined in Section 850.02, and, if so, the specified criminal activity involved and the date, place and jurisdiction of each such conviction.

(Ord. 115-98. Passed 9-28-98.)

850.09 ISSUANCE OF EMPLOYEE LICENSE.

(a) Upon the filing of an application for a sexually oriented business employee license, the City Safety Director shall issue a temporary license to said applicant immediately.

(b) Within five days of receipt of an application for a sexually oriented business employee license, the City Safety Director shall notify the Police Chief of such application. In making such notification, the City Safety Director shall request that the Police Chief promptly investigate the information provided in the application concerning the criminal background of the applicant. The Police Chief shall begin his or her investigation promptly upon receipt of notice of an application from the City Safety Director, and shall provide the results of his or her investigation to the City Safety Director within ten days of receipt of notice of the application.

(c) Within twenty-one days after receipt of a completed sexually oriented employee license application, the City Safety Director shall approve or deny the issuance of the license. The City Safety Director shall approve the issuance of a license to an applicant unless the City Safety Director determines that one or more of the following findings is true:

(1) The applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.

(2) The applicant is under eighteen years of age.

(3) The applicant has been convicted of a specified criminal activity as defined in Section 850.02 of this Chapter.

(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local, State, or Federal law, statute, rule or regulation.

(5) The applicant has been denied a sexually oriented business employee license or has had a sexually oriented business employee license revoked within the preceding twelve months by any jurisdiction.

(d) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. The City Safety Director shall advise the applicant in writing of the reason(s) for any such denial.

(Ord. 115-98. Passed 9-28-98.)

850.10 FEES.

(a) Every application for a new sexually oriented business license shall be accompanied by a five hundred dollar ($500.00) nonrefundable application and investigation fee.

(b) Every application for renewal of a sexually oriented business license shall be accompanied by a five hundred dollar ($500.00) nonrefundable application and investigation fee.

(c) In addition to the application and investigation fee required in subsection (a) or (b) hereof, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the City an annual, nonrefundable license fee of two hundred fifty dollars ($250.00) within thirty days of license issuance or renewal.

(d) Every application for a new sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee of fifty dollars ($50.00).

(e) Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee of fifty dollars ($50.00).

(Ord. 115-98. Passed 9-28-98.)

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