A. Employee License. Upon the filing of an application for a sexually oriented business employee license, the application shall be referred to the appropriate town departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the Town shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
1. The 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;
2. The applicant is under the age of 18 years;
3. The applicant has been convicted of a specified criminal activity, as defined in this chapter;
4. The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this title; or
5. The applicant has had a sexually oriented business employee license revoked by the Town within three years of the date of the current application. However, if the revocation was based on a criminal conviction, no application will be accepted for five years from the termination of all probation, formal or informal, and all other sentencing conditions. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in this chapter and title.
B. Sexually Oriented Business License. Within thirty (30) days after receipt of a completed sexually oriented business application, the Town shall complete its investigation and shall approve or deny the issuance of a license to an applicant. The Town shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
1. An applicant is under eighteen (18) years of age;
2. An applicant, or a person with whom applicant is residing, is overdue in payment to the Town of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business;
3. 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;
4. An applicant or a person with whom the applicant is residing has been denied a license by the Town to operate a sexually oriented business within the preceding 12 months or whose license to operate a sexually oriented business has been revoked within the preceding 12 months;
5. An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity;
6. The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building and zoning officials as being in compliance with applicable laws and ordinances;
7. The license fee required by this title has not been paid; or
8. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of the Town’s ordinances, or of state law;
C. A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the town that the applicant has not been convicted of any specified criminal activity or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of a fee as described in this chapter.
D. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to Section 3.3.30. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
E. The health department, fire department, and the building and zoning officials shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the Town.
F. A sexually oriented business license shall issue for only one classification as found in Section 3.3.30.
G. In order to be qualified for the issuance of any license or permit under this chapter, the applicant must meet all the requirements of this title for a business license unless specifically provided otherwise in this chapter.
H. The Town Council shall not grant a license under this chapter where the applicant, any corporation or other person that in whole or in part manages the applicant or its licensed operations, or any proprietor, officer, director, partner, limited liability company member with management authority, or managing agent of the applicant, or of any corporation or other person that manages the applicant, has been convicted of specified criminal activity.
I. In the case of a person other than an individual, the commission of specified criminal activity or any other event (such as a license revocation) with respect to that person relevant for purposes of this chapter shall be deemed to have been committed by or occurred with respect to such person if such person itself or any partner, limited liability company member with management authority, managing agent, officer, director, or stockholder who holds at least twenty (20) percent of the total issued and outstanding stock of any class of an applicant corporation or twenty (20) percent of the voting, capital, or income interest of an applicant partnership, limited liability company, or other unincorporated business organization, has been convicted of any specified criminal activity or has had occur with respect to him or her any event relevant for purposes of this chapter.
J. Upon the arrest of any proprietor, officer, director, partner, limited liability company member with management authority, or managing agent of a licensee or of any corporation or other person that manages the licensee, on any charge for specified criminal activity, the town may take emergency action by immediately suspending the operation of the licensee for the period during which the criminal matter is being adjudicated.
K. If any such person is convicted of specified criminal activity subsequent to the issuance of the license, the license shall be surrendered immediately. The licensee may request a hearing on the matter, in writing and within 10 days of a conviction by a trial court. Any such hearings shall be pursuant to the provisions of Fairfield Code 3.1.140.
L. The Town Council shall not grant a license under this chapter to any applicant where the applicant, any corporation or other person that manages the applicant, or any proprietor, officer, director, partner, limited liability company member with management authority, or managing agent of an applicant or of any corporation or other person that manages the applicant had any type of license issued under this chapter revoked within the last three years.
M. Subsequent to the issuance of a particular license, any revocations of any type of license issued under this chapter with respect to any person described in subsection K of this section shall disqualify the holder of the particular license issued. If any person or entity to whom a license has been issued under this chapter no longer possesses the qualifications required by this chapter for obtaining that license, the town may suspend or revoke that license.
N. If, during the term of the license after the license has been granted under this chapter, there shall be any change in the identity of any of the persons referred to in this section, the licensee shall forthwith report in writing any such changes to the license official.
O. Sexually oriented businesses may not be established within two thousand five hundred (2,500) feet of any residence, public or private school, church, public library, public playground, school playground, or park (a “restricted facility”) as measured from the nearest entrance of the business premises by following the shortest route of either ordinary pedestrian traffic or, where applicable, vehicular travel along public thoroughfares, whichever is the closer to the property boundary of the restricted facility.