(A) (1) Upon the filing of a complete application for a sexually oriented business license or a sexually oriented business employee license, the enforcement officer or is designee shall file stamp the application. Within three business days thereafter, the enforcement officer shall cause all required criminal background checks to be performed. Receipt of a criminal background check result shall also be filed stamped.
(2) In the case of a sexually oriented business employee license, the enforcement officer shall issue or deny such license within two business days of receipt of a criminal background check result. Within 20 business days after the receipt of a completed application for a sexually oriented business license, the enforcement officer shall either issue a license or deny the license.
(3) The enforcement officer shall approve the issuance of a license unless one or more of the following is found to be true, in which case, the license shall be denied:
(a) An applicant is less than 18 years of age;
(b) An applicant is delinquent in the payment to the city of taxes, fees, fines or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business;
(c) An applicant has failed to provide information as required by § 111.15 of this chapter for issuance of the license;
(d) An applicant has been convicted of a specified criminal activity. The fact that a conviction is being appealed shall have no effect under this division (A)(3)(d). For the purpose of this division (A)(3)(d),
CONVICTION:
1. Means a conviction or a guilty plea; and
2. Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a specified criminal activity, a management responsibility or a controlling interest.
(e) The license application fee required by this chapter has not been paid;
(f) An applicant has falsely answered a question or request for information on the application form; and
(g) The proposed sexually oriented business is located in a zoning district other than a district in which sexually oriented businesses are allowed to operate under Ch. 150 of this code of ordinances, or is not in compliance with the location restrictions established for sexually oriented businesses in the I-1 and I-2 Zoning Districts as set forth in § 111.35 of this chapter.
(B) An applicant that is ineligible for a license due to division (A)(3) above may qualify for a sexually oriented business license only when the time period required by § 111.15 of this chapter has elapsed.
(C) 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 that applicant, the expiration date and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photograph of the licensee. 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 licensee is then working or performing, and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official.
(Ord. 2012-2, passed 4-3-2012)