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(A) Upon receipt of a completed application for a sexually oriented business employee license, the municipality's business office manager shall immediately file a copy of the completed application with the enforcement officer.
(B) Upon receipt of a copy of a completed application for a sexually oriented business employee license, the enforcement officer, or any peace officer designated by the enforcement officer, shall promptly investigate the information provided in the application concerning the criminal background of the applicant and shall record the results of the investigation in writing within five (5) days of the completion of the investigation. If the investigation is done by a peace officer designated by the enforcement officer, then the written results of the investigation shall also be filed with the enforcement officer within five (5) days of the completion of the investigation.
(C) The enforcement officer shall approve the issuance of a license to an applicant unless the enforcement officer determines by a preponderance of the evidence that one or more of the following findings are true:
1. The applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has given false information.
2. The applicant is under eighteen (18) years of age.
3. The applicant has been convicted of a specified criminal activity.
4. The sexually oriented business employee license is to be used for employment in a business prohibited by local, state, or federal law, statute, rule or regulation.
5. The sexually oriented business where the applicant intends employment is not a licensed sexually oriented business pursuant to this chapter.
6. The applicant has been denied a sexually oriented business license or a sexually oriented business employee license, or has had a sexually oriented business license or a sexually oriented business employee license revoked within the preceding twelve (12) months by any jurisdiction.
(D) The enforcement officer shall advise the applicant in writing of the reasons for any license denial. The written license denial shall be either served on the applicant personally or by placing it in a sealed envelope, addressed to the applicant at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid. The enforcement officer may, but is not required to serve the written license denial by certified or registered mail, as set forth above. (Ord. 2004-3838, 5-17-2004)
(A) Every application for a new sexually oriented business license shall be accompanied by a nonrefundable application and investigation fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(B) Every application for renewal of a sexually oriented business license shall be accompanied by a nonrefundable application and investigation fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(C) In addition to the application and investigation fee required in subsection (A) or (B) of this section, every applicant that is granted a sexually oriented business license (new or renewal) shall pay to the municipality an annual, nonrefundable license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures” prior to or at the time of issuance or renewal.
(D) Every application for a new sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(E) Every application for renewal of a sexually oriented business employee license shall be accompanied by an annual, nonrefundable application, investigation, and license fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”. (Ord. 2004-3838, 5-17-2004; amd. Ord. 2021-4921, 9-20-2021)
(A) Each license issued pursuant to this chapter shall expire on December 31 and may be renewed by making application as provided in this section. Annual license fees for all licenses except those issued for Lisle commuter parking lot mobile concessionaire/merchandiser shall be paid to the village no later than twelve o'clock (12:00) noon on December 15 of the preceding year for which the license is issued. A fee paid after that date shall include a late fee as established by Title 1, Chapter 20, “Fees, Fines, Insurance, Guarantees, and Regulatory Measures”.
(B) An application for renewal of a sexually oriented business license or sexually oriented business employee license shall be submitted to the municipality's clerk on a form provided by the enforcement officer. The renewal application may request and the applicant shall provide such information as reasonably necessary to enable the municipality to determine whether the applicant meets the qualifications established in this chapter. The completed renewal application shall describe any changes or additions to, or deletions from, the information provided in the applicant's initial license application. The completed renewal application shall be accompanied by copies of any document or material submitted in connection with the initial license application that has been revised or requires revision to reflect any change in circumstances or conditions. Sketches or diagrams submitted with an initial sexually oriented business license application may be resubmitted with subsequent renewal applications, provided that the applicant certifies in writing that the sketch or diagram still depicts the premises accurately.
(C) The enforcement officer shall make the determination concerning the approval of license renewals based on the same criteria and using the same procedures used to evaluate applications for new licenses under this chapter.
(D) The enforcement officer shall advise the applicant in writing of the reasons for any renewal denial, and shall serve the written renewal denial on the applicant in the same manner as a denial of an initial application.
(E) When the enforcement officer denies an application for renewal of a license, the applicant shall not be issued another license for one year from the date of denial. (Ord. 2004-3838, 5-17-2004; amd. Ord. 2021-4921, 9-20-2021)
(A) The enforcement officer shall suspend a sexually oriented business license for a period not to exceed thirty (30) days if the enforcement officer determines that a licensee: 1) has violated or is not in compliance with any section of this chapter except as set forth in subsection (B) of this section; or 2) has knowingly allowed an employee to violate or fail to comply with any section of this chapter.
(B) The enforcement officer shall suspend a sexually oriented business employee license for a period not to exceed thirty (30) days if the enforcement officer determines that a licensee has violated or is not in compliance with any section of this chapter, except as set forth in subsection (C) of this section.
(C) The enforcement officer shall advise the licensee in writing of the reasons for any suspension. The written suspension shall be either served on the applicant personally on or before five (5) days before the suspension is to take effect, or by placing it in a sealed envelope, addressed to the licensee at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid, on or before five (5) days before the suspension is to take effect. The enforcement officer may, but is not required to serve the written suspension by certified or registered mail, as set forth above. (Ord. 2004-3838, 5-17-2004)
(A) The enforcement officer shall revoke a sexually oriented business license or sexually oriented business employee license if a cause of suspension under section 3-19-11 of this chapter occurs and the license has been suspended two (2) times within the preceding twelve (12) months.
(B) The enforcement officer shall revoke a sexually oriented business license if he/she determines that:
1. A licensee gave false or misleading information in the material submitted during the application or renewal process;
2. A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises;
3. A licensee has knowingly allowed any specific criminal activity, or the commission of any felony on the premises;
4. A licensee knowingly operated the sexually oriented business during a period of time when the licensee's license was pending initial application, expired or suspended;
5. A licensee has knowingly allowed one or more specified sexual activities to occur in or on the licensed premises;
6. A licensee has been convicted of a specified criminal activity during the term of the license; or
7. A licensee is delinquent in payment to the municipality for any taxes or fees past due that were assessed or imposed in relation to any business or business property.
(C) The enforcement officer shall revoke a sexually oriented business employee license if he/she determines that:
1. The licensee gave false or misleading information in the material submitted during the application or renewal process;
2. The licensee has knowingly acted as an employee on the premises of a sexually oriented business during a period of time when the licensee's license was pending initial application, expired or suspended; or
3. The licensee has been convicted of a specified criminal activity during the term of the license.
(D) The enforcement officer shall advise the licensee in writing of the reasons for any revocation. The written revocation shall be either served on the applicant personally on or before five (5) days before the revocation is to take effect, or by placing it in a sealed envelope, addressed to the licensee at the address set forth in the application, and depositing it with the United States postal service, proper first class postage prepaid, on or before five (5) days before the revocation is to take effect. The enforcement officer may, but is not required to serve the written revocation by certified or registered mail, as set forth above.
(E) When the enforcement officer revokes a license, the licensee shall not be issued another license for one year from the date the revocation became effective. (Ord. 2004-3838, 5-17-2004)
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