The City Administrator shall approve the issuance of a license to an applicant within 30 days after receipt of an application unless the Administrator finds one more of the following to be true.
(1) An applicant is under 18 years of age.
(2) The applicant is delinquent 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 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 section within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) An applicant is residing with a person who has been denied a license by the city to operate an adult use business within the preceding 12 months or residing with a person whose license to operate an adult use business has been revoked within the preceding 12 months.
(6) The premises to be used for the adult use business have not been approved by the Fire Department and the building official as being in compliance with applicable laws and ordinances.
(7) The license fee required by this section has not been paid.
(8) An applicant has been employed in an adult use sexually-oriented business in a managerial capacity within the preceding 12 months and has demonstrated that he or she is unable to operate or manage an adult use business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(9) An applicant or the proposed establishment is in violation of or is not in compliance with the city code.
(10) An applicant or an applicant's spouse has been convicted of a crime:
(a) Involving any of the following offenses:
1. Prostitution as described in M.S. § 609.321, as it may be amended from time to time;
2. Solicitation, inducement of promotion of prostitution as described in M.S. § 609.322, as it may be amended from time to time;
3. Receiving profit derived from prostitution as described in M.S. § 609.323, as it may be amended from time to time;
4. Other prohibited acts relating to prostitution as described in M.S. § 609.324, as it may be amended from time to time;
5. Obscenity as described in M.S. § 617.241, as it may be amended from time to time;
6. Sale, dissemination, distribution, display or exhibition of harmful material to minors as described in M.S. §§ 617.293 and 617.294, as they may be amended from time to time;
7. Sexual performance by a child as described in M.S. § 617.246, as it may be amended from time to time;
8. Dissemination or possession of child pornography as described in M.S. § 617.247, as it may be amended from time to time;
9. Indecent exposure as described in M.S. § 617.23, as it may be amended from time to time;
10. Criminal sexual conduct as described in M.S. §§ 609.342; 609.343, 609.344 and 609.345, as they may be amended from time to time;
11. Incest, as described in M.S. § 609.365, as it may be amended from time to time; or
12. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
(b) For which:
1. Less than two 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 years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(11) The fact that a conviction is being appealed shall have not effect on the disqualification of the applicant or applicant's spouse.
(12) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (10)(a) above may qualify for an adult use business license only when the time period required by division (10)(b) above has elapsed.
(13) The license, if granted, shall state the name of the person or persons to whom it is granted, the expiration date and the address of the adult use business. The license shall be posted in a conspicuous place at or near the entrance to the adult use sexually-oriented business so that it may be easily read at any time.
(Prior Code, § 613.05) (Ord. 93-16, passed 10-11-1993)