A. Content Of Application: The license application for a principal sexually oriented business use shall contain the following:
1. Names, ages and addresses of all persons who have or will have any financial interest in the operation, including the owner of the real property, if the real property is leased to the operator;
2. Names, ages and addresses of persons who are or will be personally responsible for the conduct and management of the operation;
3. A recent photograph and complete set of fingerprints of all persons listed in subsections A1 and A2 of this section;
4. Names and addresses of every other business in which the applicant has any financial interest, including the type of such business and the nature of the applicant's interest;
5. Names and addresses of all employers of the applicant in the preceding five (5) years;
6. All the applicant's addresses for the preceding five (5) years;
7. A list of all prior convictions of the applicant for any crime, excluding minor traffic violations, which list shall include a statement of the offense, the place of its occurrence, the date of its occurrence, and the disposition of the case;
8. A complete and accurate financial statement of the applicant;
9. The street address of the property upon which the proposed operation is to be conducted.
B. Referral For Investigation: Upon presentation of any license application to the city clerk, the city clerk shall refer such application to the chief of police for investigation. The chief of police shall conduct a full investigation of all information contained in the license application.
C. Report Of Investigation Results: Within forty five (45) days after any application is referred by the city clerk to the chief of police, the chief of police shall report the results of his investigation in writing to the city clerk, which shall include, but shall not be limited to, the following:
1. A complete statement of the results of all investigations undertaken;
2. A list of any errors or omissions found to exist in the application; and
3. A recommendation by the chief of police for approval or denial of the license.
D. Refusal Conditions: The city clerk, at her own direction or at the request of the chief of police, shall refuse to grant a license to any applicant:
1. Where an applicant or an applicant's spouse has been convicted of any felony or a crime involving any of the following:
a. Any offense relating to:
(1) Indecent exposure;
(2) Public sexual indecency;
(3) Public sexual indecency to a minor;
(4) Sexual abuse;
(5) Sexual conduct with a minor;
(6) Sexual assault;
(7) Sexual assault of a spouse;
(8) Molestation of a child;
(9) Lewd and lascivious acts.
b. Any of the prostitution or pandering offenses.
c. Any offense relating to:
(1) Production, publication, sale, possession and presentation of obscene items;
(2) Coercing acceptance of obscene articles or publications;
(3) Furnishing obscene or harmful items to minors;
(4) Public display of explicit sexual materials;
(5) Creation, transportation or distribution of obscene films, photographs or motion pictures of minors;
(6) Obscene or indecent telephone communications to minors for commercial purposes.
d. Any offense relating to:
(1) Commercial sexual exploitation of a minor;
(2) Sexual exploitation of a minor;
(3) Admitting minors to public displays of sexual conduct.
e. Any offense relating to:
(1) Incest;
(2) Contributing to delinquency and dependency;
(3) Permitting life, health or morals of minor to be imperiled by neglect, abuse or immoral associations;
(4) Sex with animals.
f. Any similar offenses to those described above under the criminal or penal code of the state, other states, other cities or other countries.
g. Facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses for which:
(1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(3) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period.
2. Who has any financial interest in, or connection with, any business which is illegal where such business is located.
3. When the proposed establishment is not in the correct zoning.
4. An applicant is under eighteen (18) years of age.
5. An applicant is delinquent in his or her payment to the city of taxes, fees, fines or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business use.
6. 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, or has wilfully omitted or incorrectly stated any material fact on the application.
7. An applicant has been convicted of a violation of a provision of this section within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
8. An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented business use within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business use has been revoked within the preceding twelve (12) months.
9. The premises to be used for the sexually oriented business use has not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances.
10. The license fee required by this section has not been paid.
11. An applicant has been employed in an sexually oriented business use in a managerial capacity within the preceding twelve (12) months and has demonstrated that he or she is unable to operate or manage a sexually oriented business use premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
12. An applicant or the proposed establishment is in violation of or is not in compliance with this code.
13. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
14. An applicant who has been convicted or whose spouse has been convicted of an offense listed above may qualify for a sexually oriented business use license only when the time period required by this section has elapsed.
15. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the classification or classifications of the sexually oriented business use for which it is granted, the expiration date, and the address of the sexually oriented business use. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business use so that they may be easily read at any time.
E. License Restrictions: Every license issued under the provisions of this chapter, shall have the following restrictions:
1. No operation may be conducted in violation of any applicable city, county, state or federal ordinance, statute or regulation;
2. No change in ownership, partners or persons with any interest in the sexually oriented business use after being approved for a license without first obtaining city approval in regards to any changes of ownership, partners, or persons with any interest in the sexually oriented business use. (Ord. 440, 4-12-1994)