The city council shall approve the issuance of a license to the applicant within ninety (90) days after receipt of a completed application, unless the city finds one or more of the following:
A. The applicant is under twenty one (21) years of age.
B. The applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business.
C. The applicant has falsely answered a material question or request for information as authorized by this chapter.
D. The applicant has violated a provision of this chapter or similar provisions found in statutes or ordinances from any jurisdiction within two (2) years immediately preceding the application; a criminal conviction for a violation of a provision of this chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation.
E. The premises to be used for the business has been disapproved by the county health department, fire department, sheriff's department, building officials or zoning officials as not being in compliance with applicable laws and ordinances of the city.
If any of the foregoing reviewing agencies cannot complete their review within the ninety (90) day approval or denial period, the agency or department may obtain from the city recorder an extension of time of no more than ninety (90) days for their review.
F. The required license fees have not been paid.
G. All applicable sales and use taxes have not been paid.
H. An applicant for the proposed business is in violation of or not in compliance with this chapter or similar provisions found in statutes or ordinances from any jurisdiction.
I. An applicant has been convicted or pleaded or pled nolo contendere to crime involving: prostitution, exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts, sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors, sexual performance by minors, possession of child pornography, lewdness, indecent exposure, any crime involving sexual abuse or exposure, any crime involving sexual abuse or exploitation of a child, sexual assault or aggravated sexual assault, rape, forcible sodomy, forcible sexual abuse, incest, harboring a runaway child, criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses, or offenses involving similar elements from any jurisdiction or any felony. (Ord. 2014-01, 3-11-2014)