Once a license application is complete, it shall be considered by the Licensing Board in the manner set forth in the code of ordinances of the City of Winchester and hereinbelow. The provisions of this chapter shall control to the extent that there is an inconsistency with any other sections of the code of ordinances of the City of Winchester pertaining to the City Licensing Board.
(A) (1) Within 15 calendar days after receipt of a completed sexually oriented business or sexually oriented business employee application, the Licensing Board shall either:
(a) Approve or deny the issuance of a license to an applicant; or
(b) Shall issue a provisional license pending the completion of the licensing process.
(2) For these purposes, completion of the licensing process shall include review by the legislative body, if it grants a review of exceptions, and the exhaustion of legal remedies by the applicant. The Licensing Board shall approve the issuance of a license to an applicant unless it determines by a preponderance of the evidence that there is good cause for such denial. A sexually oriented business operator’s or employee’s license may be denied only for good cause.
(B) Good cause to deny a sexually oriented business employee license may consist of, but is not limited to, any one of the following:
(1) The 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;
(2) The applicant is under the age of 18 years;
(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local ordinance, state law, statute, rule or regulation, or prohibited by a particular provision of this chapter;
(5) The applicant has been denied a sexually oriented business employee license by the city or county within 12 months of the date of the current application or the applicant’s sexually oriented business employee license has been revoked within the preceding 12 months; or
(6) The license fee required by this chapter has not been paid.
(C) Good cause to deny a sexually oriented business operator’s license may consist of, but is not limited to, one or more of the following:
(1) An 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;
(2) An applicant is under 18 years of age;
(4) The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department, and the Building Official as being in compliance with applicable laws and ordinances or a requisite state certificate of occupancy has not been received. It is provided, however, that the failure of the Health Department, Fire Department, or state or local Building Official to act in a timely fashion will not be good cause to deny the issuance of a provisional license pending the receipt of the necessary action by such department or official;
(5) An applicant has been denied a license by the city or county to operate a sexually oriented business within the preceding 12 months or the applicant’s license to operate a sexually oriented business has been revoked within the preceding 12 months;
(6) The license fee required by this chapter has not been paid; and/or
(7) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(D) A license granted pursuant to this chapter shall be subject to annual renewal upon the written application of the applicant and a finding by the Licensing Board or legislative body that the applicant has not been convicted of any specified criminal activity as defined in § 113.02 or committed any other act during the existence of the previous license which would be good cause to deny the license renewal. The renewal of the license shall be subject to the payment of the fee as set forth in § 113.17.
(E) If the license application is approved by the Licensing Board, a provisional license shall be granted until the later of 30 days after such approval or until final action (including the exhaustion of all remedies by the applicant) has been taken on such application.
(1) A citizen who deems himself or herself aggrieved by Licensing Board approval may file exceptions with the Winchester City Clerk within 30 days after an application is approved but such exceptions shall be limited to one or more of the enumerated elements of good cause in divisions (B) or (C) above.
(2) The appropriate legislative body (the Board of Commissioners of the City of Winchester, if the application is for an employee license or a business license and the business or place of employment is to be located within the corporate limits of the City of Winchester, or, if not, the County Fiscal Court) shall consider the exceptions at its next regular meeting which is convened at least five days after the end of the 30-day exception period. At such meeting, the legislative body may refuse to hear the exceptions or it may set the exceptions for a hearing by the legislative body at a regular or special meeting which shall be conducted within 30 days thereafter. After hearing the exceptions, the legislative body shall either dismiss the exceptions or shall remand the matter for further consideration by the Licensing Board. Upon remand, the Licensing Board shall limit its inquiry to the issues stated in the remand order and it may reverse its earlier approval only after making findings of fact that its earlier approval was clearly erroneous. Exceptions may be heard only one time for each application or renewal.
(F) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued pursuant to § 113.03. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time. When engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.
(G) The Health Department, Fire Department, and local Building Official shall complete their certification that the premises are in compliance or not in compliance within a reasonable time (usually not to exceed ten days of receipt of the application by the Licensing Board).
(H) Denial, suspension, or revocation of a license issued pursuant to this chapter shall be subject to appeal as set forth in § 113.22. An applicant shall be given written notice of the denial, suspension, or revocation and the reasons therefor.
(Prior Code, § 62.101) (Ord. 2000-11, passed 7-26-2000)