(A) (1) Upon the filing of an application for a sexually-oriented business employee license, the Director shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within 30 days from the date of the complete application. After the investigation, the Director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) The 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;
(b) The applicant is under the age of 18 years;
(c) The applicant has been convicted of a specified criminal activity as defined in § 113.01 of this code;
(d) The sexually-oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this subchapter; or
(e) The applicant has had a sexually-oriented business employee license revoked by the city within two years of the date of the current application.
(2) If the sexually-oriented business employee license is denied, the temporary license previously issued is immediately rendered null and void. Denial, suspension or revocation of a license issued pursuant to this division (A) shall be subject to appeal as forth in division (I) below.
(B) A license issued pursuant to division (A) above, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually-oriented business. While engaged in employment or performing service on the sexually-oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for the immediate inspection upon lawful request.
(C) A license issued pursuant to division (A) above shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any specified criminal activity as defined in this subchapter or committed any act during the existence of the previous license which would be ground to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 113.22 of this code. Non-renewal of a license shall be subject to appeal as set forth in division (I) below.
(D) If application is made for a sexually-oriented business operator’s license, the Director shall approve or deny issuance of the license within 30 days of receipt of the complete application. The Director 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 18 years;
(3) An applicant has been denied a license by the city to operate a sexually-oriented business within the preceding 12 months, or whose license to operate a sexually-oriented business has been revoked within the preceding 12 months;
(4) An applicant is overdue in payment to the city for taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to the sexually-oriented business for which license is sought, or the property on which the sexually-oriented business is located or will be located;
(5) An applicant has been convicted of a specified criminal activity as defined in § 113.01 of this code;
(6) The premises to be used for the sexually-oriented business have not been approved by the Health Department, Building Department and Zoning Department as being in compliance with applicable laws and ordinances, if such approval is required under other sections of this chapter;
(7) The license fee required under this chapter has not been paid; and
(8) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter.
(E) A license issued pursuant to division (D) above, if granted, shall state on its face the name of the person or person to whom it is granted, the expiration date, the address of the sexually-oriented business and the classification (see § 113.02 of this code) 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.
(F) If so required under other sections of this chapter, the Health Department, Building Department and Zoning Department shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the completed application by the Director. The certification shall be promptly presented to the Director. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in division (D) above. (See Nightclubs, Inc. v. City of Paducah, 2000 WL 122184 at 5 (6th Cir. 2000); Baby Tam v. City of Las Vegas, 199 F. 3d 1111, 1114-15 (9th Cir. 2000).) In the event the Director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business. (See Redner v. Dean, 29 F. 3d 1495, 1500-01 (11th Cir. 1994), cert, denied, 514 U.S. 1066 (1995).)
(G) A sexually-oriented business license shall issue for only one classification, as set forth in § 113.02 of this code.
(H) In the event that the Director determines that an applicant is not eligible for a sexually-oriented operator’s license, the applicant shall be given notice in writing of the reasons for the denial within 30 days of the receipt of the completed application by the Director, 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 days in order to make modifications necessary to comply with this subchapter.
(I) An applicant may appeal the decision of the Director regarding a denial to the City Council by filing a written notice of appeal with the City Secretary within ten days after service of notice upon the applicant of the Director’s decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the ground for such appeal and all arguments in support thereof. The Director may, within 15 days of service upon him or her of the applicant’s memorandum, submit a responsive memorandum to the City Council. After reviewing such memoranda, as well as the Director’s written decision, if any, and exhibits submitted to the Director, the City Council shall vote either to uphold or overrule the Director’s decision. Such vote shall be taken within 21 calendar days after the date on which the City Secretary received the notice of appeal. The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. (See Nightclubs, Inc. v. City of Paducah, 2000 WL 122184 at 6 (6th Cir. 2000); 4805 Convoy, Inc. v. City of San Diego 183 F. 3d 1108, 1114 (9th Cir. 1999).) Judicial review of a denial by the Director and City Council may be made pursuant to § 113.26 of this code. The status quo shall continue to be maintained during the pendency of judicial review.
(J) A license issued pursuant to division (D) above shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not been convicted of any specified criminal activity as defined in this subchapter or committed any act during this 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 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 113.22 of this code.
(Prior Code, § 10-904) (Ord. 751, passed 3-23-2004)