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746.10 FEES.
   (a)   Every application for a new sexually oriented business license shall be accompanied by a two hundred dollar ($200.00) non-refundable application and investigation fee.
   (b)   Every application for renewal of a sexually oriented business license shall be accompanied by a one hundred dollar ($100.00) non-refundable application and investigation fee.
   (c)   In addition to the application and investigation fee required in divisions (a) or (b) above, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the City an annual, non-refundable license fee of one hundred dollars ($100.00) within 30 days of license issuance or renewal.
   (d)   Every application for a new sexually oriented business employee license shall be accompanied by an annual, non-refundable application, investigation, and license fee of fifty dollars ($50.00).
   (e)   Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, non-refundable application, investigation, and license fee of twenty-five dollars ($25.00).
(Ord. 2007-40. Passed 5-7-07.)
746.11 INSPECTION.
   (a)   The Police Department shall, from time to time, but no more than four times in a calendar year, inspect that portion of each sexually oriented business or adult motel licensed under the provisions of this chapter that is open to the public, at any time that it is occupied or open for business, in order to assess compliance with the provisions of this chapter.
   (b)   The Chief of Police may, from time to time, but not more than two times a calendar year, request that the Health Commissioner and/or the Chief Building Official inspect that portion of each sexually oriented business or adult motel licensed under the provisions of this chapter that is open to the public in order to assess compliance with the provisions of this chapter.
   (c)   An applicant or licensee shall, at the frequencies noted in division (a) and (b) above, permit the Chief Building Official and representatives of the Police Department, Fire Division, or other City departments or agencies, or the Health Commissioner, to inspect that portion of the premises of a sexually oriented business or adult motel that is open to the public for the purpose of insuring compliance with the law at any time that it is occupied or open for business.
   (d)   A person who operates a sexually oriented business or his or her agent or employee commits a misdemeanor of the fourth degree if he or she refuses to permit such lawful inspection of the premises.
(Ord. 2007-40. Passed 5-7-07.)
746.12 EXPIRATION AND RENEWAL OF LICENSE.
   (a)   Each license issued pursuant to this chapter shall expire one year from the date of issuance and may be renewed by making application as provided in this section. Application for renewal shall be made no more than 90 days and no less than 30 days before the expiration date. If application is made less than 30 days before the expiration date, the license will not be extended pending a decision on the application, but will expire on its normal expiration date.
   (b)   An application for renewal of a sexually oriented business license shall be submitted to the Chief of Police on a form provided by the Chief of Police. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to Section 746.06. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
   (c)   The Chief of Police shall make determinations concerning the approval of license renewals based on the same criteria used to evaluate applications for new licenses under Section 746.07.
   (d)   The Chief of Police shall advise the applicant in writing of the reason(s) for any denial of a license renewal.
   (e)   An application for renewal of a sexually oriented business employee license shall be submitted to the Chief of Police on a form provided by the Chief of Police. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the City to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application pursuant to Section 746.08. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions.
   (f)   The Chief of Police shall make determinations concerning the approval of license renewals based on the same criteria used to evaluate applications for new licenses under Section 746.09.
   (g)   The Chief of Police shall advise the applicant in writing of the reason(s) for any denial of a license renewal.
   (h)   When the City denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. If the City finds, subsequent to denial, that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the denial was issued.
(Ord. 2007-40. Passed 5-7-07.)
746.13 SUSPENSION.
   (a)   The City shall suspend a sexually oriented business license for a period not to exceed 30 days if it determines that a licensee:
      (1)   Has violated or is not in compliance with any section of this chapter; or
      (2)   Has authorized or approved an employee's violation of or failure to comply with any section of this chapter, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed an employee to violate or fail to comply with any section of this chapter.
   (b)   The City shall suspend a sexually oriented business license for a period not to exceed 30 days if it determines that a licensee or his employee or agent has refused to allow an inspection of the licensed sexually oriented business or adult motel premises as authorized by this chapter.
   (c)   The City shall suspend a sexually oriented business employee license for a period not to exceed 30 days if it determines that a licensee has violated or is not in compliance with any section of this chapter.
   (d)   The Chief of Police shall advise the licensee in writing of the reason(s) for any suspension.
(Ord. 2007-40. Passed 5-7-07.)
746.14 REVOCATION.
   (a)   The City shall revoke a sexually oriented business license or sexually oriented business employee license if a cause of suspension under Section 746.13 occurs and the license has been suspended two times within the preceding 12 months.
   (b)   The City shall revoke a sexually oriented business license if it determines that:
      (1)   A licensee gave false or misleading information in the material submitted during the application process;
      (2)   The licensee(s) failed to comply with any requirement stated in the license, pursuant to Section 746.07(c), to correct specified deficiencies within 120 days;
      (3)   A licensee has knowingly allowed, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed, possession, use, or sale of controlled substances on the premises;
      (4)   A licensee has knowingly allowed, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed prostitution, solicitation, or the commission of a felony on the premises;
      (5)   A licensee operated the sexually oriented business during a period of time when the licensee knew or reasonably should have known that the licensee's license was suspended;
      (6)   A licensee has knowingly allowed, or as a result of the licensee's negligent failure to supervise either the premises of the sexually oriented business or a sexually oriented business employee has allowed, any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises;
      (7)   A licensee has been convicted of a specified criminal activity, as defined in Section 746.02, during the term of the license; or
      (8)   A licensee is delinquent in payment to the City, County, or State for any taxes or fees past due that were assessed or imposed in relation to any business.
   (c)   The City shall revoke a sexually oriented business employee license if it determines that:
      (1)   The licensee gave false or misleading information in the material submitted during the application process;
      (2)   The licensee has acted as an employee on the premises of a sexually oriented business during a period of time when the licensee knew or reasonably should have known that the licensee's license was suspended; or
      (3)   The licensee has been convicted of a specified criminal activity, as defined in Section 746.02, during the term of the license.
   (d)   The Chief of Police shall advise the licensee in writing of the reason(s) for any revocation.
   (e)   When the City revokes a license, the licensee shall not be issued another license for one year from the date the revocation became effective. If the City finds, subsequent to revocation, that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became effective.
(Ord. 2007-40. Passed 5-7-07.)
746.15 APPEAL RIGHTS.
   (a)   Any denial, suspension, or revocation of a new or renewal license under this chapter may be appealed to the Zoning Board of Appeals by written notice within ten days of such denial, suspension, or revocation. Unless the applicant requests a longer period, the Zoning Board of Appeals must hold a hearing on the appeal within 30 days and must issue a decision affirming or reversing the denial, suspension, or revocation within five days after the hearing.
   (b)   Any decision by the Zoning Board of Appeals shall be a final appealable order, and the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
   (c)   In the event that an applicant or licensee seeks judicial review of a decision issued pursuant to this chapter, the applicant or licensee shall provide written notice of such appeal to the Zoning Board of Appeals in advance of or at the time of the filing of the appeal. Within ten days of receiving such written notice of appeal, or within such shorter time as may be ordered by the court, the Zoning Board of Appeals shall transmit to the court in which appeal was sought a copy of the full administrative record for the matter, including a complete transcript of all the original papers, testimony and evidence offered, heard, and taken into consideration in issuing the final order. The Zoning Board of Appeals and all other departments or agencies of the City shall provide any further information, assistance, or cooperation requested by the reviewing court without delay.
   (d)   Subject to the provisions of division (f) of this section, any licensee lawfully operating a sexually oriented business or adult motel prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to operate said business during the pendency of an appeal of a decision rendered under this chapter to the Zoning Board of Appeals or to a court.
   (e)   Subject to the provisions of division (f) of this section, any licensee lawfully acting as an employee in a sexually oriented business or adult motel prior to the denial of a license renewal application, or the suspension or revocation of a license, may continue to serve in such capacity during the pendency of an appeal of a decision rendered under this chapter to the Zoning Board of Appeals or to a court.
   (f)   In the event that an applicant for a new sexually oriented business license or a new sexually oriented business employee license seeks judicial review of the denial of a new license, and such review does not result in a final judicial decision within 30 days of the date the appeal was filed, the City will issue such applicant a provisional sexually oriented business license or sexually oriented business employee license upon request of the applicant. The provisional license:
      (1)   Will allow an applicant for a sexually oriented business license to operate the sexually oriented business or adult motel named in the license application under the same terms as a normal sexually oriented business issued pursuant to Section 746.07 of this chapter for the period of time specified in division (g) of this section; and
      (2)   Will allow an applicant for a sexually oriented business employee license to act as an employee on the premises of a sexually oriented business or adult motel under the same terms as a normal sexually oriented business employee license issued pursuant to Section 746.09 for the period of time specified in division (g) of this section; and
      (3)   Will be subject to the same requirements as a normal sexually oriented business license or sexually oriented business employee license issued under Section 746.07 or 746.09.
   (g)   A provisional license will expire on whichever of the following three dates is earliest:
      (1)   The date that a judicial decision is issued upholding the license denial;
      (2)   The date on which a non-provisional sexually oriented business license or sexually oriented business employee license is issued to the applicant pursuant to a judicial decision overturning the license denial; or
      (3)   The date one year from the issuance of the provisional license.
   (h)   In the event that judicial review of the denial of a new license application is still pending 30 days before the expiration date of a provisional license, the provisional licensee may file a renewal license application with the Chief of Police pursuant to Section 746.12(b). The Chief of Police shall grant an application for renewal of a provisional license unless he or she determines that new grounds exist for denial of a license application pursuant to Section 746.07 or 746.09, which did not exist at the time of the original license application. In the event that an application for renewal of a provisional license is denied and the applicant seeks judicial review of that denial; the City has the right to consolidate such review with the pending judicial appeal of the previous license denial.
(Ord. 2007-40. Passed 5-7-07.)
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