(a) If application is made for a sexually oriented business license, the Zoning Administrator shall approve or deny issuance of the license within 30 days of receipt of the completed application. The Zoning Administrator shall issue 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 has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) An applicant is under the age of eighteen (18) years;
(3) An applicant has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months, or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
(4) An applicant is overdue in payment to the City in taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business;
(5) An applicant has been convicted of a "specified criminal activity" as defined in this chapter.
(6) The premises to be used for the sexually oriented business have not been approved by the fire department, the zoning department, the health department, and the building department as being in compliance with applicable laws and ordinances;
(7) The license fee required under Section 1271.07 of this chapter has not been paid;
(8) An applicant of the proposed adult oriented business is in violation of or is not in compliance with one or more of the provisions of this chapter.
(b) A license issued pursuant to subsection (a) of this Section, 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. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(c) The fire department, building department and zoning department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application from the Zoning Administrator. The certification shall be promptly presented to the Zoning Administrator.
(d) A sexually oriented business license shall issue for only one classification, as set forth in Section 1271.04.
(e) In the event that the Zoning Administrator determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within forty five (45) days of the receipt of the completed application by the Zoning Administrator, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this chapter.
(f) An applicant may appeal the decision of the Zoning Administrator regarding a denial to the City Council by filing a written notice of appeal with the city secretary within fifteen (15) days after service of notice upon the applicant of the Zoning Administrator's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Zoning Administrator may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the City Council. After reviewing such memoranda, as well as the Zoning Administrator's written decision, if any, and exhibits submitted to the Zoning Administrator, the City Council shall vote either to uphold or overrule the Zoning Administrator's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the city secretary receives the notice of appeal. However, all parties shall be required to comply with the Zoning Administrator's decision during the pendency of the appeal. After denial of an initial or renewal application by the Zoning Administrator and City Council, or suspension or revocation of a license by the Zoning Administrator, the applicant or licensee may seek prompt judicial review of such administrative action in any court of competent jurisdiction.
(g) A license issued pursuant to subsection (d) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Zoning Administrator that the applicant has not been convicted of any "specified criminal activity" as defined in this chapter, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (45) days of the completed application.
(h) A licensee shall not transfer his or her license to another, nor shall a licensee operate a sexually oriented business under the authority of a license at any place other than the address designated in the application.
(Ord. 2852. Passed 10-25-04.)