(a) The Director of Community and Economic Development or his or her designee shall approve the issuance of a permit to an applicant within thirty days after receipt of an application, unless he or she finds one or more of the following to be true:
(1) An applicant is under eighteen years of age.
(2) An applicant or an applicant's spouse is overdue in his or her payment to the City of taxes, fees, fines or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
(4) An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve months, or is residing with a person whose license to operate a sexually oriented business has been revoked within the preceding twelve months.
(5) The premises to be used for the sexually oriented business have been reviewed and have been disapproved as not being in compliance with applicable laws and ordinances.
(6) The permit fee required by this chapter has not been paid.
(7) An applicant of the proposed establishment is in violation of or is not in compliance with a provision of this chapter.
(8) An individual applicant, an individual holding a direct interest of more than ten percent in a corporate applicant, an officer or director of a corporate applicant, a partner or limited partner if the applicant is in a partnership, or the manager or other person in charge of the operation of the applicant's business, has been convicted of an offense involving sexual misconduct within the Commonwealth of Pennsylvania, including, but not limited to, prostitution, obscenity, rape, statutory rape and possession of child pornography, or has been convicted of any offense in any jurisdiction other than the Commonwealth of Pennsylvania that would have constituted an offense involving sexual misconduct if committed within the Commonwealth of Pennsylvania. In order for approval to be denied pursuant to this paragraph, the person's conviction in connection with the sexual misconduct offense must have occurred within ten years of the date of application, in the event of a misdemeanor. Approval shall be denied pursuant to this paragraph for the conviction of any person of any felony in connection with sexual misconduct.
(9) Exterior signage depicts specified sexual activities.
(b) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The permit 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.
(c) The Director or his or her designee shall complete the certification that the premises are in compliance or are not in compliance within twenty days of receipt of the application.
(Ord. 4818. Passed 1-27-99.)