(a) Within five (5) days of receipt of an application for a Sexually Oriented Business license, the City Manager or his/her designee shall request that the Police Chief or his/her designee investigate the information provided in the application concerning the criminal background of the applicant(s) and that the Police Chief or his/her designee shall transmit the results of his/her investigation in writing to the City Manager or his/her designee within five (5) days of the completion of his/her investigation.
(b) Within five (5) days of receipt of an application for a Sexually Oriented Business license, the City Manager or his/her designee shall notify the City of Eaton Fire Chief, the City of Eaton Zoning Administrator, the City of Eaton Chief Building Official, and, where application has been made for an adult cabaret or any sexually oriented business having video booths or viewing booths the Health Commissioner, of such application. In making such notification, the City Manager or his/her designee shall request that the Fire Chief, Zoning Administrator, Chief Building Official, and when applicable the Health Commissioner, promptly inspect the premises for which the Sexually Oriented Business license is sought to assess compliance with the regulations under their respective jurisdictions.
(c) The Fire Chief shall provide to the City Manager or his/her designee within ten (10) days of receipt of notice of the application a written certification of whether the premises are in compliance with the City of Eaton Fire Regulations.
(d) The Zoning Administrator and/or the Chief Building Official shall provide to the City Manager or his/her designee within ten (10) days of receipt of notice of the application a written certification of whether the premises are in compliance with the City Zoning Ordinance, the City Building Code, the City Property Maintenance Code, and the provisions of this chapter related to physical characteristics of the premises, and whether the City has received notice from any state or county agency of the premises being in violation of any applicable state building or property codes.
(e) Within twenty-one (21) days after receipt of a completed Sexually Oriented Business license application, the City Manager or his/her designee shall approve or deny the issuance of a license. The City Manager or his/her designee shall approve the issuance of a license to an applicant unless he/she determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose his/her social security number in accordance with the provisions of the Privacy Act of 1974, Pub. L. No. 93-579, §7(a)(1).
(3) An applicant has, within the preceding twelve (12) months, been denied an adult business license by any jurisdiction or has had a license to operate a Sexually Oriented Business revoked by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in this chapter.
(5) The proposed Sexually Oriented Business would violate or fail to be in compliance with any provisions of this chapter, the City Zoning Ordinance, the City Building Code, the City Property Maintenance Code, or state statute or regulation.
(6) The application and investigation fee required by this chapter has not been paid.
(7) An applicant is in violation of or in not in compliance with any provision of this chapter, except as provided in Subparagraph (f)(1) of this section.
(f) If the City Manager or his/her designee determines that one or both of the following findings is true, the license issued pursuant to Subparagraph (e) of this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:
(1) The results of inspections of the premises by the Zoning Administrator, the Chief Building Official, the Fire Chief or his/her designee or, where appropriate the Health Commissioner or his/her designee, indicate that the premises are not in compliance with applicable laws and regulations under their respective jurisdictions.
(2) An applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business, which are not the subject of a pending appeal or other legal challenge.
(g) If the City Manager or his/her designee determines that no other grounds for denial of a license exist under Subparagraph (e) of this section, the City Manager or his/her designee shall not delay approval of the application past the end of the 21-day period provided in this section solely because the Fire Chief or the Health Commissioner has not provided the City Manager or his/her designee with the complete results of his/her inspection of the premises; the complete results of the Zoning Administrator’s and/or the Chief Building Official’s inspection of the premises are not available; and/or the Police Chief or his/her designee has not completed his/her investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the City Manager or his/her designee receives information from the Police Chief or his/her designee’s investigation, which he/she determines constitutes grounds for denial of a license under Subparagraph (e) of this section, then the Sexually Oriented Business license issued pursuant to this Subparagraph (g) shall be immediately revoked. If after approving the issuance of a license, the City Manager or his/her designee receives information concerning the Fire Chief’s, the Zoning Administrator’s, the Chief Building Official, or where appropriate the Health Commissioner’s, inspections, which the City Manager or his/her designee determines constitutes grounds for the issuance of a license subject to a requirement to correct deficiencies under Subparagraph (f) of this section, then a requirement shall be added to the terms of the Sexually Oriented Business license issued pursuant to this Subparagraph (g) to correct all deficiencies noted within 120 days of the date such requirement is added.
(h) A Sexually Oriented Business license shall state on its face the name of the applicant, the expiration date, and the address of the licensed Sexually Oriented Business. All Sexually Oriented Business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(i) The City Manager or his/her designee shall advise the applicant in writing within three (3) days of the reasons for any license denial. If the City finds, subsequent to denial, that the basis for the denial of the license has been corrected or abated, the applicant may reapply.
(Ord. 04-06. Passed 2-17-04.)