(A) Any and all new site plans and/or applications for change of use for sexually oriented businesses shall move forward in accordance with the provisions of this code.
(B) Upon receipt of a completed sexually oriented business application, which contains all the required information outlined in § 112.15, the Town Clerk shall transmit a copy to: the Police Department for an investigative report; the Planning and Inspections Department to determine compliance with all zoning and land use ordinances and regulations; and the Fire Department to determine compliance with any law relating to fire protection.
(C) The Police, Planning and Inspections and Fire Departments shall, within a reasonable time, not to exceed 45 working days from the receipt of a complete application, report the results of their examinations on the sexually oriented business license application to the Town Clerk, who shall, upon receipt of the Planning Board's site plan review or change of use application recommendation, place the entire application package (site plan and sexually oriented business license application) on the agenda for the next regularly scheduled meeting of the Board of Commissioners.
(D) If the Police, Fire and Planning and Inspections Departments do not report to the Town Clerk within 45 working days from the date of the receipt of a complete application, then the sexually oriented business license application shall not require the approval of such departments and the package shall move forward to the Board of Commissioners, as stated in division (C) of this section.
(E) Upon receipt of the application for a sexually oriented business license, the Board of Commissioners shall review the commercial site plan or change of use application and the sexually oriented business license application and approve the issuance of the license if the Board determines that:
(1) The application contains no misstatement of fact;
(2) The applicant, or any person or entity having any legal or beneficial ownership interest in the application, has not been convicted of a sexually related crime or felony, prostitution or a violation of any law relative to prostitution, crime involving sexual misconduct as codified in the laws of the United States, this or any other state, including but not limited to convictions of violations of the offenses enumerated in G.S. Ch. 14, Arts. 26, 26A and 27 or the same offenses as codified in the laws of the United States, this or any other state;
(3) The applicant conforms to all requirements of applicable zoning, building and fire prevention codes;
(4) The applicant or any person, corporation, partnership, association or other entity having a legal or beneficial ownership interest in the applicant has not, during the five-year period preceding the application, had a license to operate a sexually oriented business in any state, suspended or revoked;
(5) The applicant's commercial site plan or change of use application meets all conditions of the code of the town and is approved by the Board of Commissioners.
(Ord. 99-02, passed 2-8-99)