(A) Upon the filing of the application for a sexually-oriented business employee license, the city shall issue a temporary license to the applicant. The application shall then be referred to the appropriate city staff for an investigation to be made on the information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined 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 or has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has been convicted of a “specified criminal activity” as defined in this chapter;
(4) The sexually-oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this chapter; and/or
(5) The applicant has had a sexually-oriented business employee license revoked by the city within two years of the date of the current application. If the sexually-oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this division (A) shall be subject to appeal as set forth in § 110.10.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 110.06.
(C) Within 30 days after receipt of a completed sexually-oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant is under 18 years of age;
(2) An applicant, or a person with whom applicant is residing, is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business;
(3) 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;
(4) An applicant, or a person with whom the applicant is residing, has been denied a license by the city to operate a sexually-oriented business within the preceding 12 months or whose license to operate a sexually-oriented business has been revoked within the preceding 12 months;
(5) An applicant, or a person with whom the applicant is residing, has been convicted of a specified criminal activity defined in this chapter;
(6) 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;
(7) The license fee required by this chapter has not been paid; and/or
(8) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(D) 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 § 110.03. 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.
(E) The Health Department, Fire Department, and the Building Official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the city.
(F) A sexually-oriented business license shall be issued for only one classification as found in § 110.03.
(Ord. 135, passed 12-5-2005)