§ 122.05 LICENSING PROCEDURE.
   (A)   The Mayor shall be responsible for investigating, granting, denying, renewing, suspending and revoking all sexually oriented business applications and licenses pursuant to this chapter. Upon receipt of a properly completed application with all required attachments, the Mayor shall immediately forward copies of such application to the following city officials for their investigation:
      (1)   The Chief of Police shall investigate the criminal convictions, qualifications and suitability of the applicant to be licensed and shall inspect the premises for compliance with all laws and regulations.
      (2)   The Chief of the Fire Department shall investigate the compliance of the proposed premises with all applicable fire codes and laws.
      (3)   The Chief Building Official shall investigate the compliance of the proposed premises with all applicable building codes and laws.
      (4)   The Director of Health and Housing shall investigate the compliance of the proposed premises with all applicable public health codes and laws.
      (5)   The Zoning Administrator shall investigate the compliance of the proposed premises with all applicable zoning regulations and laws.
   (B)   Within 30 days of the date the application was filed, all such investigations to be performed pursuant to division (A) of this section shall be completed. At the conclusion of each investigation, each city official shall indicate on the photocopy of the application his/her approval or disapproval of the application, state the reasons for any disapproval, date it, sign it, and return it immediately to the Mayor. A city official shall disapprove an application if he finds that the proposed sexually oriented business will be in violation of any provision of any statute, code, article, regulation or other law in effect in the city or state, including this chapter.
   (C)   Within 45 days of the date the application was filed, the Mayor shall render a decision approving or denying such application and shall file such decision with the City Clerk and mail such decision to the applicant by certified mail, return receipt requested. If the Mayor denies the application, he/she shall state in writing the reasons for such denial. All copies of the investigations performed pursuant to this section shall be attached to the Mayor's decision.
   (D)   The Mayor shall issue to the applicant a license to operate a sexually oriented business within 45 days of the date the application was filed if all requirements for a sexually oriented business described in this chapter are met, unless he/she finds that:
      (1)   The applicant is under 18 years of age.
      (2)   The applicant or any other person who will be directly engaged in the management and operation of the business has been convicted in this or any other state of any of the crimes specified in § 122.04(C)(9), regardless of the pendency of any appeal, within three years of the date the application was filed.
      (3)   Within five years of the date the application was filed, the applicant or his/her spouse has been denied a license by the city to operate a sexually oriented business, has had a license revoked by the city, or has failed to correct any material violation of this chapter for more than 30 days, of which the licensee has received written notice.
      (4)   Within three years of the date the application was filed, the applicant or his/her spouse has had a license to operate a sexually oriented business denied or revoked by another municipality or state.
      (5)   The applicant or his/her spouse is overdue on payment to the city of any taxes, fees, fines or other penalties relating to the sexually oriented business or the licensed premises.
      (6)   The business as proposed by the applicant, if permitted, would not have complied with all applicable state and local statutes, codes, ordinances, laws and regulations including, but not limited to, the fire, building, health, and zoning codes of the city, and this chapter. If the premises are not in compliance, the applicant shall be advised of the reasons in writing and what, if any, measures the applicant can take to bring the premises into compliance for a license to issue.
      (7)   The premises are not in compliance with all distance requirements set forth in § 122.09.
      (8)   The applicant has failed to complete the license application as specified in § 122.04, has failed to provide any supporting or clarifying documentation when requested by the Mayor, or has provided materially false or misleading information in the application.
      (9)   The application fee has not been paid.
      (10)   The granting of the application would violate a statute, ordinance or court order.
      (11)   The applicant, if a limited partnership, limited liability company or corporation, is not in good standing under the laws of the state.
   (E)   Any failure of the license to issue within 45 days of the date the application was filed shall constitute a denial subject to appeal.
   (F)   If the sexually oriented business application is denied, the city shall retain one-half of the permit fee for expenses incurred in the investigation of the application and shall return the remainder to the applicant.
   (G)   When an application is denied solely for reasons stated in division (D)(6) of this section and such violation is correctable, the applicant shall be given an additional 30 days from the date of such notification of denial to bring the premises into compliance. Upon verification by inspection that the correction has been made, which shall be determined no later than 48 hours after receipt by the Mayor of written notice of such correction, a license shall be issued to the applicant so long as no new violations or other disqualifying factors have occurred within such 30 days.
   (H)   As a condition of the license, the entire licensed premises shall be open to random physical inspections for compliance with this chapter by any inspector during all hours when the premises are open for business. Any refusal to allow such inspection shall constitute a violation of this chapter.
   (I)   The license, if granted, shall state on its face the name and residence address of the person to whom it is granted, the expiration date, the address of the sexually oriented business, and the department or public official and telephone number to report any violation of this chapter. The license shall also include a notice that the subject premises are subject to random inspections by inspectors of the city for compliance with this chapter.
   (J)   The 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 all times.
   (K)   An inspection of the proposed adult entertainment business by the city shall be required prior to opening such a business. Such inspection shall occur after the premises are ready for operation and prior to the opening of the business to the public. The inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted and the applicable requirements of the city's licenses and code, and any other applicable law, rule or regulation.
(Ord. 8183-2018, passed 4-2-2018)