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(A) Upon receipt of a completed application for a sexually oriented business employee 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 employee 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 applicant 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) 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) The applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has given false information;
(2) The applicant is under 18 years of age;
(3) The applicant has been convicted of a specified criminal activity;
(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local, state or federal law, statute, rule or regulation;
(5) The sexually oriented business where the applicant intends employment is not a licensed sexually oriented business pursuant to this article; or
(6) The applicant has been denied a sexually oriented business license or a sexually oriented business employee license, or has had a sexually oriented business license or a sexually oriented business employee license revoked within the preceding 12 months by any jurisdiction.
(D) 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)