(A) The City Manager shall approve or disapprove the issuance of a license to an applicant within 45 days following the date on which the complete application is filed with the city. Failure of the City Manager to disapprove an application by the end of the forty-fifth day following the day on which the properly completed application is filed shall result in the administrative approval of such application, and the license shall promptly thereafter be issued. Such license shall nevertheless be subject to suspension or revocation as provided herein. Each applicant must be qualified under this section, and each applicant shall be considered the licensee if a license is granted.
(B) Approval must be granted unless one or more of the following is true:
(1) Any applicant is under 18 years of age.
(2) An applicant is overdue in payment of any taxes, fees, utilities, fines, court directed payments, assessments or interest to the city, or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business.
(3) An applicant has failed to provide information requested on the application form or has supplied false or misleading information in the application process.
(4) An applicant has been convicted of a violation of a provision of this chapter within three years immediately preceding the filing of the application. The fact that a conviction is being appealed shall have no effect.
(5) The premises to be used for the sexually oriented business have been disapproved by the County Health Department, Fire Department, or the Building Official.
(6) The license fee required by this chapter has not been paid.
(7) An applicant or the proposed establishment is in violation of or is not in compliance with any applicable section of this chapter.
(8) The proposed business is otherwise prohibited by law.
(9) The outdoor sign has not been posted or maintained as required by § 115.15(D)(1) for a continuous period of at least 60 days immediately preceding the filing of the application or, without regard such posting, the applicant did not give the City Manager written notice as required by § 115.15(D)(3).
(C) When the City Manager denies renewal of a license for false or misleading information, the applicant shall not be issued a license for one year from the date of denial. If the applicant has been convicted of a violation of this chapter, the applicant shall not be issued a license for three years from the date of conviction. If any other basis of denial for renewal of license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the denial became final and the applicant is otherwise entitled to receive a license under this section.
(D) The license, if granted, shall state on its face the name of the person(s) to whom it is granted, the expiration date, the address of the sexually oriented business, and the type of sexually oriented business for which it is issued.
(Ord. 95-31, passed 9-12-95; Am. Ord. 96-12, passed 2-27-96; Am. Ord. 97-6, passed 4-22-97; Am. Ord. 2002-09, passed 6-25-02) Penalty, see § 115.99