(A) Employee license. Upon the filing of the application for an adult entertainment business employee license, the village shall issue a temporary license to the applicant. The application shall then be referred to the appropriate village departments for an investigation to be made on the information as is contained on the application. The application process shall be completed within 15 days from the date the completed application is filed. After the investigation, the Mayor shall, upon approval by Council, 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 adult entertainment 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;
(5) The applicant has had an adult entertainment business employee license revoked by the village within 12 months of the date of the current application. If the adult entertainment 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 § 112.11.
(B) Business license. Within 15 days after receipt of a completed adult entertainment business application, the Mayor, with the approval of Council, shall approve or deny the issuance of a license to an applicant. The Mayor and Council 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 village of taxes, fees, fines or penalties assessed against or imposed upon him/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 village to operate an adult entertainment business within the preceding 12 months or whose license to operate an adult entertainment 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 adult entertainment business have not been approved by the Health Department, Fire Department or the Building Official as being in compliance with applicable laws and ordinances;
(7) The license fee required by this chapter has not been paid.
(C) Annual review. 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 Mayor and Council 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 § 112.06. During the period of license review, including appeals to Council and judicial review, the license shall continue in effect.
(D) Information. 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 adult entertainment business and the classification for which the license is issued pursuant to § 112.03. All licenses shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that they may be easily read at any time.
(E) Classification. An adult entertainment business license shall be issued only for one classification as found in § 112.03.
(Ord. 3-06, passed 8-14-2006)