(A) Sexually oriented business license. Upon the filing of a completed application for a sexually oriented business license, the Building Commissioner shall issue a temporary license to the applicant within three business days if the completed application is from a preexisting sexually oriented business that is lawfully operating in the town and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business license. The temporary license shall expire upon the final decision to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business license application, the Building Commissioner shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Building Commissioner shall issue a license unless:
(1) An applicant is less than 18 years of age;
(2) An applicant has failed to provide information required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form;
(3) The license application fee required by this chapter has not been paid;
(4) The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter;
(5) The location of the sexually oriented business does not comply with the location requirements of the Municipal Code of the Town of Clarksville;
(6) Any sexually oriented business in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation of any license required to operate the business.
(7) An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter;
(8) An applicant has, in the previous five years and in conjunction with seeking a license or any approval necessary to operate the sexually oriented business or occupy the business premises, engaged in any misrepresentation of fact, or omission of material fact, concerning the nature of the business;
(9) The applicant is neither the owner of the premises wherein the establishment will be operated, nor the holder of a lease thereon for the period to be covered by the license;
(10) An employee or operator of the applicant operated a sexually oriented business that, in the previous five years (and due to conduct occurring when the person was an employee or operator of the sexually oriented business), has:
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation of any license required to operate the business.
(B) Employee license. Upon the filing of a completed application for a sexually oriented business employee license, the Building Commissioner shall issue a temporary license to the applicant within three business days if the applicant seeks licensure to work in a licensed sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee license. The temporary license shall expire upon the final decision to deny or grant an annual license. Within 30 days of the filing of a completed sexually oriented business employee license application, the Building Commissioner shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The Building Commissioner shall issue a license unless:
(1) The applicant is less than 18 years of age;
(2) The applicant has failed to provide information as required by this chapter for issuance of a license or has falsely answered a question or request for information on the application form;
(3) The license application fee required by this chapter has not been paid;
(4) Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):
(a) Been found by a court to have been operating unlawfully;
(b) Been enjoined by a court from engaging in conduct prohibited by law;
(c) Been held in contempt of court for operating-contrary to a court order;
(d) Been declared by a court to be a nuisance; or
(e) Been subject to a court order requiring closure of the business or affirming revocation of any license required to operate the business.
(5) The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter, excepting dealing in controlled substances.
(6) The applicant has expressed the intent to use the sexually oriented business employee license at an establishment that is not licensed by the town to operate a sexually oriented business.
(C) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licenseets), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be kept on the premises of the sexually oriented business so that it may be inspected by the Building Commissioner and his or her agents at any time that the business is occupied by patrons or is open to the public. A sexually oriented business employee shall keep the employee's license on his or her person or on thepremises where the licensee is then working.
(Ord. 2021-G-10, passed 9-2-21)