(A) The Chief of Police and City Clerk may recommend approval of the issuance of a license by the city to an applicant within 90 days after receipt of an application unless they find one or more of the following to be true:
(1) Applicant(s) or manager is under 18 years of age.
(2) Applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(3) Applicant(s) or an applicant's spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating an adult only entertainment business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(4) Applicant(s) is residing with a person who has been denied a license by the city or any other Minnesota municipal corporation to operate an adult only entertainment business within the preceding 12 months, or residing with a person whose license to operate an adult only entertainment business has been revoked within the preceding 12 months.
(5) The premises to be used for the adult only entertainment business has not been approved by the Environmental Health Division, Fire Department, Zoning/Planning Department and the Building Official as being in compliance with applicable laws and ordinances; such inspections must be completed within 30 days from the date the application was submitted, provided that the application contains all of the information required by this chapter. If the application is deficient, the inspections shall be completed within 30 days from the date the deficiency has been corrected.
(6) The license fee required by § 110.37 has not been paid.
(7) Applicant(s) has been employed in an adult only entertainment business in a managerial capacity within the preceding 12 months and has demonstrated that they are unable to operate or manage an adult only entertainment business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(8) Applicant(s) or applicant's spouse has been convicted of a crime involving any of the following offenses:
(a) Any sex crimes as defined by M.S. §§ 609.29 through 609.352 inclusive or as defined by any ordinance or statute in conformity therewith.
(b) Any obscenity crime as defined by M.S. §§ 617.23 through 617.229 inclusive, or as defined by any ordinance or statute in conformity therewith 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 the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is 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.
(B) The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant's spouse.
(C) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (A) of this section may qualify for an adult only entertainment business license only when the time period required by division (A) of this section has elapsed.
(D) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult only entertainment business. The license must be posted in a conspicuous place at or near the entrance to the adult only entertainment business so that it may be easily read at any time.
(E) The City Council must act to approve or disapprove the license application within a reasonable time after receipt of all information relating to zoning and after completion of all code requirements, provided that the application contains all of the information required by this chapter. If the application is deficient, the Council must act on the application within 120 days from the date that the deficiency has been corrected.
('72 Code, § 422:05) (Ord. 1992-689, passed 3-23-92; Am. Ord. 2004-1013, passed 5-10-04)