(a) Following the determination of completeness of the license application by the City Clerk, the City Clerk will within fourteen (14) business days forward the application to the City Council who shall, within forty-five (45) business days of having received the application from the City Clerk, make a decision to approve or deny a license to operate a sexually oriented business.
(b) Within the aforementioned forty-five (45) business day period, written reviews shall be prepared by the Howell City Police Chief, fire department, department of public services, and building department. As part of the review process, representatives of the respective City departments may inspect the proposed premises to determine compliance with the requirements herein.
(c) The following may constitute the basis for denial of a license to operate a sexually oriented business:
1. An applicant is under eighteen (18) years of age.
2. An applicant is overdue in his or her payment to the City of taxes, fees, fines, or penalties assessed against or imposed in relation to a sexually oriented business.
3. An applicant has failed to provide information reasonably necessary for the issuance of the license or has falsely answered a question or request for information on the application forms.
4. An applicant has been convicted of a violation of a provision of this section, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the filing of the application. The fact that a conviction is being appealed shall have no consideration.
5. The premises to be used for the sexually oriented business has not been approved by the Livingston County Health Department, Howell City Police Chief, department of public services, fire department, or building official; or the premises is not in compliance with applicable laws and ordinances.
6. The license fee required by this section has not been paid.
7. An applicant has owned, operated or been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law abiding manner.
8. An applicant has a record of conviction for an offense involving gambling, narcotics, prostitution, pandering, pornography, public indecency, sexual assault, or any violation of any provision of this article within the preceding two (2) years. The fact that a conviction is being appealed shall be of no consideration.
9. The applicant is not in compliance with applicable Zoning Ordinances.
(d) A license may also be denied if the Howell City Police Chief determines that the applicant is presently unfit to operate a sexually oriented business due to the applicant's overall criminal record, regardless of the date of any criminal conviction. In determining present fitness or unfitness under this section, the Howell City Police Chief shall consider the following factors:
1. The extent and nature of past criminal activities;
2. The age at the time of the commission of the crime;
3. The amount of time that has elapsed since the last illegal activity;
4. The conduct and work activity prior to and following the illegal activity;
5. Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
6. Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for that person, the sheriff and chief of police in the community where the applicant resides, and any other persons in contact with the applicant. It is the responsibility of the applicant, to the extent reasonably possible, to secure and provide necessary and reliable evidence required to determine present fitness.