5.82.240: SEXUALLY ORIENTED BUSINESS EMPLOYEE WORK PERMITS:

It is unlawful for any sexually oriented business to employ, or for any individual to be employed as a sexually oriented business employee unless that employee first obtains a sexually oriented business employee work permit. (Ord. 02-21, 9-5-2002)

5.82.250: SEXUALLY ORIENTED BUSINESS EMPLOYEE WORK PERMIT APPLICATION; DISCLOSURE:

   A.   Temporary License; Information Required For Complete Application: Upon the filing of a completed application for a sexually oriented business employee work permit, the business license official shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the city to deny or grant the work permit. An application shall be considered complete when it contains the information required in subsections A1 through A5 of this section as follows:

      1.   The correct legal name of each applicant;

      2.   Present business address and telephone number;

      3.   Identification issued by a federal or state governmental agency with the individual's date of birth, colored photograph, signature, and physical description;

      4.   The individual's fingerprints on a form provided by a public safety department;

      5.   Each applicant must provide a statement of whether the applicant has been convicted of or has pled guilty or nolo contendere to a "specified criminal activity", as defined in this chapter, and if so, the specified criminal activity involved, the date, place, and jurisdiction of each. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section. (Ord. 02-21, 9-5-2002)

   B.   License Additional: A license or permit required by this chapter is in addition to any other licenses or permits required by the city, county, or state to engage in the business or occupation. Persons engaged in the operation of an adult oriented business or in employment in an adult oriented business shall comply with all other applicable local, state, and federal laws, ordinances, and statutes, including land use ordinances, as may be required. (Ord. 02-21, 9-5-2002; amd. Ord. 2012-15, 9-20-2012)

   C.   Confidentiality: The information provided by an applicant in connection with an application for a license under this chapter shall be maintained by the city on a confidential basis, except that such information may be disclosed only to law enforcement agencies in connection with a law enforcement or public safety function, or as may be required by governing law or court order. The information provided by a sexually oriented business license applicant in connection with the application for a license under this chapter shall be maintained by the business license official. (Ord. 02-21, 9-5-2002)

5.82.260: STATE LICENSING EXEMPTION:

The provisions of this chapter shall not apply to any sex therapist or similar individual licensed by the state to provide bona fide sexual therapy or counseling, a licensed medical practitioner, licensed nurse, psychiatrist, or psychologist while providing professional services for which they are licensed, nor shall it apply to any educator licensed by the state for activities in the classroom. (Ord. 02-21, 9-5-2002)

5.82.270: SEXUALLY ORIENTED BUSINESS EMPLOYEE WORK PERMIT ISSUANCE AND TERM:

   A.   Time Limit; Conditions For Nonissuance: Within thirty (30) days of the initial filing date of the receipt of a completed application, the business license official shall either issue a license or issue a written notice of intent to deny a license to the applicant. The business license official shall approve the issuance of a license unless one or more of the following is found by a preponderance of evidence to be true:

      1.   The applicant is less than eighteen (18) years of age.

      2.   The applicant has failed to provide information as required by subsection A4 of this section for issuance of a license or has falsely answered a question or request for information on the application form.

      3.   The license application fee required by this section has not been paid.

      4.   The applicant has been convicted of a "specified criminal activity", as defined in this chapter, or has been shown to have committed two (2) or more violations of section 5.82.310 of this chapter within the previous year.

   B.   Term: Sexually oriented business employee work permits may be obtained at any time throughout the year. All employee work permits will expire on the last day of the twelfth month following issuance.

   C.   Renewal: Sexually oriented business licenses and sexually oriented business employee work permits may be renewed only by making application and payment of a fee as provided for in this chapter. Application for renewal should be made at least ninety (90) days before the expiration date of said licenses and work permits, and when made less than ninety (90) days before the expiration date, the expiration of the license or work permit will not be affected. (Ord. 02-21, 9-5-2002)

5.82.280: CHANGE IN EMPLOYEE INFORMATION:

Any change in the information required to be submitted under this chapter for a sexually oriented business work permit will be given, in writing, to the business license official within fourteen (14) days after such change. (Ord. 02-21, 9-5-2002)

5.82.290: LICENSE FEES:

Each applicant for a sexually oriented business employee work permit shall be required to pay yearly regulatory license fees pursuant to the consolidated fee schedule as adopted by the city council. (Ord. 02-21, 9-5-2002)

5.82.300: LICENSE DISPLAY:

A sexually oriented business employee shall keep the employee's work permit on his or her person or on the premises where the licensee is then working and shall, while working on the sexually oriented business premises, produce such work permit for inspection upon request by a law enforcement officer or other city official performing functions connected with the enforcement of this chapter. (Ord. 02-21, 9-5-2002)