(A) The city’s Business License Authority shall approve the issuance of a license to an applicant within 30 days after the receipt of an application, unless one or more of the following is found:
(1) The applicant is under 18 years of age, or any higher age if the license sought so requires;
(2) The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually-oriented business;
(3) The applicant has failed to answer or has falsely answered a material question or request for information;
(4) The applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application;
(5) The business premises do not conform to the standards set forth in § 114.25(A)(19);
(6) The proposed business premises have not received the approval of the reviewing agencies and departments enumerated in § 114.27;
(7) The license fees required by this chapter or by other chapters have not been paid;
(8) The applicant has been convicted or pled nolo contendre to a crime involving:
(a) Prostitution, exploitation of prostitution, aggravated promotion of prostitution, aggravated exploitation of prostitution, solicitation of sex acts, sex acts for hire, compelling prostitution, and/or aiding prostitution;
(b) Sale, distribution, or display of material harmful to minors, sexual performance by minors, possession of child pornography, any crime involving sexual abuse or exploitation of a child, and/or harboring a runaway child;
(c) Public lewdness or indecent exposure;
(d) Sexual assault or aggravated sexual assault, rape, forcible sodomy, forcible sexual abuse, and/or incest; and/or
(e) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense for which:
1. Less than two years have elapsed from the date of conviction if the conviction is for a misdemeanor offense; or
2. Less than ten years have elapsed from the date of conviction if the conviction is for a felony offense.
(9) The applicant is otherwise in violation of this section.
(B) If any agency or department enumerated in § 114.27 cannot complete its review of the proposed business premises within the 30-day period, the agency or department may obtain from the city’s Business License Authority an extension of time for their review of no more than 15 days. The total time within which the city must approve or deny a license shall not exceed 45 days from the receipt of the application.
(C) (1) Upon receipt of an application, all departments required to review the application shall determine within seven days whether or not the application contains all of the information necessary for processing.
(2) Incomplete applications shall immediately be returned to the applicant with a specification of the items that are incomplete.
(D) The time for processing applications specified in this section shall begin to run from the receipt of a complete application.
(E) In the event that a license for a sexually-oriented business or sexually-oriented business employee has not been disapproved within 30 days (or 45 if an extension has been granted), the city’s Business License Authority shall issue the license pending completion of the city’s review.
(Ord. 2016-002, passed 11-16-2016) Penalty, see § 114.99