(A) Upon the filing of the application for a sexually oriented business license the application shall be referred to the appropriate city departments for an investigation to be made on the information as is contained in the application. The application process shall be completed within 60 days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant is under 18 years of age;
(2) An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any 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 or a person with whom the applicant is residing has been denied a license by the city to operate a sexually oriented business within the preceding 12 months or whose license to operate a sexually oriented business has been revoked within the preceding 12 months;
(5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter;
(6) The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department, and the building official as being in compliance with applicable laws and ordinances;
(7) The license fee required by this chapter has not been paid;
(8) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(B) The license, if granted shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business and the classification for which the license is issued pursuant to § 114.05. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(C) The Health Department, Fire Department, and the building official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the city.
(D) Every application for a sexually oriented business license (whether for a new license or for renewal of an existing license) shall be accompanied by a $5,000 application and investigation fee. The applicant will be refunded the portion of the application fee that is remaining after the investigation and review process.
(E) In addition to the application and investigation fee required above, every sexually oriented business that is granted a license (new or renewal) shall pay to the city an annual non-refundable license fee of $1,000 within 30 days of license issuance or renewal.
(F) All license applications and fees shall be submitted to the City Clerk/Administrator.
(Ord. 2003-127, passed 1-16-2003)