(A) Upon the filing of said 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 departments for an investigation to be made on such 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 § 120.02 of 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; 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)(5) shall be subject to appeal as set forth in § 120.11 of this chapter.
(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 § 120.02 of 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 § 120.06 of this chapter.
(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; however, pending an investigation to approve or deny the issuance of a license, the city shall issue a temporary license to operate a sexually- oriented business. 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 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;
(3) An applicant 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;
(4) An applicant has been convicted of a specified criminal activity defined in § 120.02 of this chapter;
(5) The license fee required by this chapter has not been paid; and
(6) 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 this 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 § 120.03 of this chapter. 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. The information given by an employee of a sexually- oriented business in the application process including the employee’s mailing address, residential address, driver’s license number, Social Security number (or EIN), telephone number, date and place of birth or other information which would enable third parties to determine the residence of the employee, shall be regarded by the city and the city’s Police Department or any other city department keeping such records as confidential and exempt from disclosure under KRS 61.878(1)(a) or other applicable section of state’s Open Records Act, being KRS 61.870 to 61.884. The city, through the Solicitor’s office, will deny inspection of such records and appeal any Attorney General’s decision for production of these records, so that no production shall be permitted or ordered, except by the county’s Circuit Court. The city shall notify by registered mail the person who is the subject of these records of any attempt to inspect them and advise the person of the city’s efforts to maintain their confidentiality.
(E) A sexually-oriented business license shall issue for only one classification as found in § 120.03 of this chapter.
(1984 Code, § 111.604) (Ord. O-17-99, passed 5-25-1999; Ord. O-30-99, passed 8-3-1999)