A. Temporary License: Upon the filing of a completed application for a sexually oriented business license or a sexually oriented business employee license, the city 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 license.
B. Approval Of License: Within thirty (30) days after the receipt of a completed application, the city administrator shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The city administrator shall approve the issuance of a license unless one or more of the following is found to be true:
1. An applicant is under eighteen (18) years of age.
2. An applicant is delinquent in the 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 required under section 3-10-4 of this chapter or which is necessary for issuance of the license or has falsely answered a question or request for information on the application form.
4. An applicant has been convicted of a violation of a provision of this chapter within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
5. The premises to be used for the sexually oriented business has not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances.
6. The license fee required by this chapter has not been paid.
7. An applicant or the proposed establishment is in violation of or is not in compliance with this chapter.
8. An applicant has been convicted of a crime:
a. Involving any of the following offenses:
(1) Prostitution as described in Minnesota statutes section 609.321;
(2) Solicitation, inducement of promotion of prostitution as described in Minnesota statutes section 609.322;
(3) Receiving profit derived from prostitution as described in Minnesota statutes section 609.323;
(4) Other prohibited acts relating to prostitution as described in Minnesota statutes section 609.324;
(5) Obscenity as described in Minnesota statutes section 617.241;
(6) Sale, dissemination, distribution, display or exhibition of harmful materials to minors as described in Minnesota statutes sections 617.293 and 617.294;
(7) Sexual performance by a child as described in Minnesota statutes section 617.246;
(8) Dissemination or possession of child pornography as described in Minnesota statutes section 617.247;
(9) Indecent exposure as described in Minnesota statutes section 617.23;
(10) Criminal sexual conduct as described in Minnesota statutes sections 609.342, 609.343, 609.344, and 609.345;
(11) Incest as described in Minnesota statutes section 609.365; or
(12) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses:
b. For which:
(1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(3) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period.
9. The proposed sexually oriented business would or does not comply with the city's zoning ordinance.
C. Conviction: The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. For purposes of this section, "conviction":
1. Means a conviction or a guilty plea; and
2. Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a crime designated under this section, a management responsibility or a controlling interest.
D. Time Periods: An applicant who has been convicted of an offense listed in subsection B8a of this section may qualify for a sexually oriented business license only when the time period required by subsection B8b of this section has elapsed.
E. License Information And Posting: The license, if granted, shall state the name of the person or persons to whom it is granted, the expiration date and, if the license is for a sexually oriented business, the address of the sexually oriented business. A sexually oriented business employee license shall contain a photo of the licensee. 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. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing, and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official. (Ord. 685, sec. 1, 5-21-2001)