(A) Upon the filing of a properly completed and executed application for a sexually-oriented business license under § 4-8-5 of this chapter, the City Council will conduct a preliminary review of the application and may, within 25 days of receipt, refer copies of such application to the Police Department, appropriate fire department(s) and any other designated agents for review and investigation.
(B) The City Council, Police Department, appropriate fire department(s) and/or any other designated agents to whom the application was referred may, within 30 days of the referral, inspect the premises proposed to be operated as a sexually- oriented business facility or, in the case of the Police Department, conduct a background investigation of the individuals identified in all areas of the application and, then, all such officials and/or designated agents may make recommendation to the City Council concerning the premises and the applicant’s compliance with the matters coming within the jurisdiction of the aforementioned officials and/or designated agents.
(C) Within ten days of receiving the recommendation(s) of the aforementioned officials and/or designated agents, the City Council will render their approval or denial of the application.
(D) The City Council shall issue a sexually- oriented business license to the applicant(s) within 90 days of receipt of a properly filed and executed application unless:
(1) Any applicant is less than 21 years of age;
(2) Any applicant has failed to provide information as required by § 4-8-5 of this chapter for issuance of a license to operate a sexually-oriented business;
(3) Any applicant has knowingly made any false, misleading or fraudulent statement of fact in the application for the license or in any other document required by the City Council in connection herewith;
(4) The required license application fee has not been paid;
(5) Any applicant has been associated with a sexually-oriented or similar business within the last five years that has had their license denied, suspended or revoked for any cause;
(6) Any applicant is a person who is not of good moral character and reputation within the community he or she resides;
(7) Any applicant has been convicted of any of the following offenses, unless upon investigation the City Council or its designated agent finds that such conviction(s) occurred at least ten years prior to the date of the filing of the application, there have been no subsequent convictions, and the applicant has shown evidence of rehabilitation sufficient to warrant the public’s interest.
(a) Any felony under federal law or the laws of this or any other state;
(b) Prostitution, soliciting for a prostitute, pandering, keeping a place of prostitution, patronizing a prostitute, pimping, obscenity, selling harmful material or having a tie in the sale of obscene publications under the laws of the state or equivalent laws or codes of the United States or any other state; and/or
(c) Any other crime or misdemeanor that is sexual in nature and/or opposed to decency and morality.
(8) The City Council has denied the license.
(E) If the City Council fails to act in approving or denying a properly filed and executed application for a license to operate a sexually-oriented business within 90 days from the receipt and execution of the application, the application shall be deemed approved and a license to operate a sexually-oriented business shall issue upon payment of the annual license fee.
(Ord. C-439, passed 10-3-2006)