(A) The City Administrator shall approve the issuance of a license to an applicant within 30 days after receipt of a complete application unless the City Administrator finds one or more of the following to be true.
(1) An applicant is under 18 years of age.
(2) An applicant is delinquent in the applicant's payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business.
(3) An applicant has intentionally failed to provide information reasonably necessary for issuance of the license or has intentionally 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) An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented business has been revoked within the preceding 12 months.
(6) The premises to be used for the sexually oriented business have not been approved by the Fire Department and the Building Official as being in compliance with applicable laws and city code provisions. The Fire Department and Building Inspector must inspect the premises and issue an inspection report within 30 days after the applicant identifies the premises and requests an inspection.
(7) The license fee required by this chapter has not been paid.
(8) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding 12 months and has demonstrated that the applicant is unable to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers on two or more occasions during the preceding 12-month period.
(9) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter.
(10) An applicant or an applicant's spouse 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, Subdivision 1.(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. Obscenity 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 material 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.
(B) The fact that a conviction is being appealed shall have 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)(10)(a) above of this section may qualify for a sexually oriented business license only when the time period required by division (A)(10)(b) above of this section has elapsed.
(D) 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 sexually oriented business. 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 any time.
(Prior Code, § 6.42, Subd. 4) (Ord. 188, effective 10-2-1998)