A. Sexually Oriented Business: Upon the filing of a completed application under subsection 3-5-4C of this chapter, for a sexually oriented business license, the management services department shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the town to deny or grant the license. Within forty (40) days of the initial filing date of the completed application, the town shall issue a license to the applicant or issue to the applicant a letter of intent to deny the application. The town shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:
1. An applicant is less than eighteen (18) years of age.
2. An applicant has failed to provide information as required by section 3-5-4 of 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. An applicant has been convicted of a "specified criminal activity", as defined in this chapter, or has been shown to have committed a violation of subsection 3-5-7A or 3-5-14B of this chapter within the previous year.
5. In the case of a sexually oriented business license application, the premises is not in compliance with the interior configuration requirements of this chapter.
B. Business Employee License: Upon the filing of a completed application for a sexually oriented business employee license, the management services department shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the town to deny or grant the license. Within forty (40) days of the initial filing date of the receipt of a completed application, the town shall either issue a license or issue a written notice of intent to deny a license to the applicant. The town shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:
1. The applicant is less than eighteen (18) years of age; or
2. The applicant is less than twenty one (21) years of age in establishments where alcohol is served or consumed.
3. The applicant has failed to provide information as required by section 3-5-4 of this chapter for issuance of a license or has falsely answered a question or request for information on the application form.
4. The license application fee required by this section has not been paid.
5. The applicant has been convicted of a "specified criminal activity", as defined in this chapter, or has been shown to have committed a violation of subsection 3-5-7A or 3-5-14B of this chapter within the previous year.
C. Content Of License: 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 licensee, 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 posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing and shall produce such license for inspection upon request by a law enforcement officer or other town official performing functions connected with the enforcement of this chapter. (Ord. 11-01, 6-21-2011, eff. 7-1-2011)