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(A) Upon receipt of a completed application for a sexually oriented business license, the municipality’s Clerk shall immediately file a copy of the completed application with the Enforcement Officer.
(B) Upon receipt of a copy of a completed application for a sexually oriented business license, the Enforcement Officer, or any peace officer designated by the Enforcement Officer, shall promptly investigate the information provided in the application concerning the criminal background of the applicants and shall record the results of the investigation in writing within five days of the completion of the investigation. If the investigation is done by a peace officer designated by the Enforcement Officer, then the written results of the investigation shall also be filed with the Enforcement Officer within five days of the completion of the investigation.
(C) Within five days of receipt of a copy of a completed application for a sexually oriented business license, the Enforcement Officer shall notify the Fire Chief of the Fire Protection District and the Village Community Development Director of such application. In making such notification, the Enforcement Officer shall request that the Fire Chief and the Community Development Director promptly inspect the premises for which the sexually oriented business license is sought to assess compliance with the regulations under their respective jurisdictions.
(D) The Fire Chief shall provide to the Enforcement Officer a written certification of whether the premises are in compliance with the Fire Code within five days of completing the inspection.
(E) The Community Development Director shall provide the Enforcement Officer a written certification of whether the premises are in compliance with the Building Code, the Planning and Zoning Code and the provisions of this article related to physical characteristics of the premises within five days of completing the inspection.
(F) The Enforcement Officer shall approve the issuance of a license to an applicant unless the Enforcement Officer determines by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant is a natural person is under 18 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 provided false information;
(3) An applicant has been denied a sexually oriented business license or has had a license to operate a sexually oriented business revoked within the preceding 12 months by any jurisdiction;
(4) An applicant has been convicted of a specified criminal activity;
(5) The proposed sexually oriented business or the premises on which it would operate would violate or fail to be in compliance with any provisions of the Zoning Code, the provisions of this article related to physical characteristics of the premises or any state or federal law;
(6) The application and investigation fee required by this article has not been paid; or
(7) An applicant is otherwise in violation of or is not in compliance with any provision of this article.
(G) If the Enforcement Officer determines that no grounds for denial of a license exist under this section, the Enforcement Officer shall not delay approval of the application.
(H) 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, and the address of the licensed sexually oriented business. 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.
(I) The Enforcement Officer shall advise the applicant in writing of the reasons for any license denial. The written license denial shall be either served on the applicant personally or by placing it in a sealed envelope, addressed to the applicant at the address set forth in the application, and depositing it with the United States Postal Service, proper first class postage prepaid. The Enforcement Officer may, but is not required to serve the written license denial by certified or registered mail, as set forth above.
(Ord. 2000-10-80, passed 10-2-2000; Ord. 2002-05-26, passed 5-20-2002)