(A) Within 30 days after receipt of a completed application, the Town Planner will approve or deny the issuance of a license to an applicant for a sexually oriented business license. The Town Planner will approve the issuance of a license to an applicant unless the Police Department finds one or more of the following to be true:
(1) The applicant is under 18 years of age.
(2) The license fee required by this section has not been paid.
(3) An applicant or an applicant’s spouse is overdue in payment to the town of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business.
(4) An applicant has failed to provide information required in order to determine the qualifications of the applicant under this chapter for issuance of the license, or has falsely answered a question or request for information on the application form.
(5) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter or other provisions of this code, including local zoning requirements.
(6) An applicant or an applicant’s spouse has been convicted of a violation of a provision of this chapter, other than the offense of operating a sexually oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(7) The Chief of Police shall make a recommendation to the Town Planner based on a check of any state, federal and/or local repository for criminal history to determine if an applicant and/or an applicant’s spouse has been convicted of a crime involving any offense described in G.S. Chapter 14 (Articles 7A, 26, 26A, 27, 37 or 39); or any similar offenses to those described above under the criminal or penal code of the state, other states, the town, or other towns, cities, or other countries; or facilitation, attempt, conspiracy or solicitation to commit any of the foregoing offenses; for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, of the conviction is of a misdemeanor offense;
(b) Less than five 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
(c) Less than five years have elapsed since the date of the last conviction or the date of release from confinement of the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses within any 24-month period.
(d) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(e) An applicant who has been convicted or whose spouse has been convicted of an offense listed above may qualify for a sexually oriented business license only when the period required by this chapter has lapsed.
(f) The applicant has failed to make application using a legal name or has filed to produce a valid state driver’s license or a valid state identification card.
(B) The license, if granted, shall state on its face the legal name of the person or persons to whom it is granted, the classification of the sexually oriented business for which it is granted, the expiration date, and the address of the sexually oriented business. Licenses shall be posted in a conspicuous place at or near the entrance to a sexually oriented business so that they may be easily read at any time.
(Ord. passed 4-4-05) Penalty, see § 156.99