(A) Upon the filing of an application for a sexually oriented business employee license, the Commissioners shall issue a temporary license to the applicant.
(1) The application shall then be referred to the appropriate county departments for investigation to be made on the information contained in the application. The application process shall be completed within 30 days from the date of the completed application.
(2) After the investigation, the Commissioners shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(b) The applicant is under the age of 18 years;
(c) The applicant has been convicted of a “specified criminal activity” as defined in § 111.02 above;
(d) 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
(e) The applicant has had a sexually oriented business employee license revoked by the county within two years of the date of the current application.
(3) 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 shall be subject to appeal as set forth in division (I) below.
(B) A license issued pursuant to division (A) of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The employee shall keep the license on his or her person at all times while engaged in employment or performing services on the sexually oriented business premises so that the license may be available for inspection upon lawful request.
(C) A license issued pursuant to division (A) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Commissioners 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 decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 111.06 below. Non- renewal of a license shall be subject to appeal as set forth in division (I) below.
(D) If application is made for a sexually oriented business license, the Commissioners shall approve or deny issuance of the license within 45 days of receipt of the completed application. The Commissioners shall issue 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 has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) An applicant is under the age of 18 years;
(3) An applicant or a person with whom the applicant is residing has been denied a license by the county 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 or a person with whom the applicant is residing is overdue in payment to the county in taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any business;
(5) An applicant or a person with whom the applicant is residing has been convicted of a “specified criminal activity” as defined in § 111.02 above;
(6) The license fee required under this chapter has not been paid; and/or
(7) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter.
(E) A license issued pursuant to division (D) above, 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 § 111.03 above classification for which the license is issued. The 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.
(F) The Health Department and Fire Department shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the Commissioners. The certification shall be promptly presented to the Commissioners.
(G) A sexually oriented business license shall issue for only one classification, as set forth in § 111.03 above.
(H) In the event that the Commissioners determine that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of the completed application by the Commissioners, provided that the applicant may request, in writing at any time before the notice is issued, that the period be extended for an additional period of not more than ten days in order to make modifications necessary to comply with this chapter.
(I) A license issued pursuant to division (D) above shall be subject to annual renewal upon the written application of the applicant and a finding by the Commissioners 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 decision whether to renew a license shall be made within 45 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 111.06 below.
(Ord. 2000-2, passed 4-10-2000)