§ 114.04 APPLICATION FOR LICENSE.

   (A)   Any person, partnership, or corporation, or other legal entity desiring to secure a license under this chapter, shall make application to the City Administrator.

   (B)   The application for a license shall be upon a form provided by the city.

   (C)   (1)   An application shall be considered complete if it includes the information required in this section. The applicant shall be qualified according to the provisions of this chapter. The application shall be notarized. The application shall include the information called for in divisions (C)(1)(a) through (C)(1)(f) below, and, where applicable, division (C)(1)(g) below, as follows:

         (a)   The full true name, and any other names used in the preceding five years;

         (b)   The current business address;

         (c)   Either a set of fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant’s Social Security number, to be used for the same purpose;

         (d)   The name, business location, legal description, business mailing address, and phone number of the proposed adult use business;

         (e)   Written proof of age, in the form of either a copy of a birth certificate and current photo, a current driver’s license with picture, or other picture identification document issued by a governmental agency;

         (f)   The issuing jurisdiction, and the effective dates, of any license or permit held by the applicant relating to an adult use business, and whether any license or permit has been denied, revoked, or suspended, and, if so, the reason or reasons therefor; and

         (g)   The name and address of the statutory agent, or other agent, authorized to receive service of process.

      (2)   The information provided pursuant to divisions (C)(1)(a) through (C)(1)(g) above shall be supplemented, in writing, by certified mail, return receipt requested, to the City Administrator within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.

   (D)   The application for an adult use business license must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but must be drawn to a designated scale, or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with § 114.18 of this chapter shall submit a diagram meeting the requirements of that section.

   (E)   The applicant must be qualified according to the provisions of this chapter, and the premises must be inspected and found to be in compliance with the law by the Fire Department and Building Official.

   (F)   If a person who wishes to operate an adult use business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate an adult use business is other than an individual, each individual who has a 10% or greater interest in the business, and each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business, must sign the application for a license as applicant. Each applicant must be qualified under § 114.05, and each applicant shall be considered a licensee if a license is granted.

   (G)   A person who possesses a valid business license is not exempt from the requirement of obtaining any required adult use business license. A person who operates an adult use business and possesses a business license shall comply with the requirements and provisions of this chapter, where applicable.

(Ord. 229, passed 4-6-2004)

§ 114.05 ISSUANCE OF LICENSE.

   (A)   Temporary license. Upon the filing of a completed application for an adult use business license, the city shall 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.

   (B)   Approval of license. Within 45 days after the receipt of a completed application, the city shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The city shall approve the issuance of a license unless one or more of the following is found to be true:

      (1)   An applicant is under 18 years of age;

      (2)   An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against him or her, or imposed upon him or her, in relation to an adult use business;

      (3)    An applicant has failed to provide information required under § 114.04(C)(1), or which is necessary for issuance of the license, or has falsely answered a question or request for information on the application form;

      (4)   An applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect;

      (5)   The premises to be used for the adult use business has not been approved by the Fire Department and the Building Official as being in compliance with applicable laws and ordinances;

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

      (7)   An applicant or the proposed establishment is in violation of, or is not in compliance with, this chapter;

      (8)   An applicant has been convicted of a crime:

         (a)   Involving any of the following offenses:

            1.   Prostitution, as described in M.S. § 609.321, as it may be amended from time to time;

            2.   Solicitation, inducement of promotion of prostitution, as described in M.S. § 609.322, as it may be amended from time to time;

            3.   Receiving profit derived from prostitution, as described in M.S. § 609.322, subd. 1(a)(3), as it may be amended from time to time;

            4.   Other prohibited acts relating to prostitution, as described in M.S. § 609.324, as it may be amended from time to time;

            5.   Activities classified as obscene, as described in M.S. § 617.241, as it may be amended from time to time;

            6.   Sale, dissemination, distribution, display, or exhibition of harmful materials to minors, as described in M.S. §§ 617.293 and 617.294, as they may be amended from time to time;

            7.   Sexual performance by a child, as described in M.S. § 617.246, as it may be amended from time to time;

            8.   Dissemination or possession of child pornography, as described in M.S. § 617.247, as it may be amended from time to time;

            9.   Indecent exposure, as described in M.S. § 617.23, as it may be amended from time to time;

            10.   Criminal sexual conduct, as described in M.S. §§ 609.342, 609.343, 609.344, and 609.345, as they may be amended from time to time;

            11.   Incest, as described in M.S. § 609.365, as it may be amended from time to time; or

            12.   Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.

         (b)   For which:

            1.   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;

            2.   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

            3.   Less than five years have 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.

      (9)   The proposed adult use business would not, or does not, comply with the city’s zoning ordinance.

   (C)   Conviction. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. For the purposes of this section, CONVICTION:

      (1)   Means a conviction or a guilty plea; and

      (2)   Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a crime designated under this section, a management responsibility or a controlling interest.

   (D)   Time periods. An applicant who has been convicted of an offense listed in division (B)(8)(a) above may qualify for an adult use business license only when the time period required by division (B)(8)(b) above has elapsed.

   (E)   License information and posting. The license, if granted, shall state the name of the person or persons to whom it is granted, the expiration date, and the address of the adult use business. The license shall be posted in a conspicuous place at, or near, the entrance to the adult use business so that it may be easily read at any time.

(Ord. 229, passed 4-6-2004)

§ 114.06 LICENSE FEES.

   The investigation fee and annual license fee for an adult use business license shall be set by the City Council. The investigation fee shall be in escrow with the city. The city shall draw on the escrow account for costs incurred in the performance of the background investigation. The city shall maintain detailed records of the costs and furnish the applicant with a copy of the records. Any remaining funds in the escrow account shall, at the conclusion of the investigation, be returned to the applicant. In the event that the application is denied, the license fee shall be refunded.

(Ord. 229, passed 4-6-2004)