A. Processing Of Applications For Operator's License:
1. If application is made for an adult oriented business operator's license, the Manhattan police department shall take action on the application within forty five (45) days of receipt of the completed application. The police department shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
a. An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
b. An applicant is under the age of eighteen (18) years;
c. An applicant has been denied a license by the town to operate an adult oriented business within the preceding twelve (12) months, or whose license to operate an adult oriented business has been revoked within the preceding twelve (12) months;
d. An applicant is overdue in payment to the town for taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to the adult oriented business for which license is sought, or the property on which the adult oriented business is located or will be located;
e. An applicant has been convicted of a "specified criminal activity" as defined herein;
f. The premises to be used for the adult oriented business have not been approved by the police department as being in compliance with applicable laws and ordinances, if such approval is required under other sections of this chapter;
g. The license fee required under this chapter has not been paid; or
h. An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter.
2. A license issued pursuant to this section, 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 adult oriented business and the classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the adult oriented business so that it may be easily read at any time.
3. As part of the application process, the Manhattan police department will complete an inspection of the premises where the adult business is proposed to operate in order to ensure compliance with all provisions of this chapter.
4. An adult oriented business license shall issue for only one classification.
5. In the event that the Manhattan police department determines that an applicant is not eligible for an adult oriented operator's license, the applicant shall be given notice in writing of the reasons for the denial.
6. An applicant may appeal the decision of the Manhattan police department regarding a denial of the adult oriented business operator's license by filing a written notice of appeal with the town clerk/treasurer within ten (10) days after service of notice upon the applicant of the decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. After reviewing such memoranda, if any, and exhibits submitted, the town council shall vote either to uphold or overrule the decision. Such vote shall be taken at the next regularly scheduled town council meeting, providing that the town council has had sufficient time to examine the appeal and any memoranda or other writings prior to the meeting. The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. Judicial review of the town council's decision may be made pursuant to section 3-10-8 of this chapter. The status quo shall continue to be maintained during the pendency of judicial review.
7. A license issued pursuant to subsection A1 of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Manhattan police department that the applicant has not been convicted of any "specified criminal activity" as defined in subsection 10-1-5C of this code, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within forty five (45) days of the completed application. The renewal of a license shall be subject to the fee as set forth in section 3-10-4 of this chapter.
8. Annual renewal shall mean that such license fees for established places of business shall be due and payable January 1 of each year, and shall be subject to a penalty of ten percent (10%) of the fee due if not paid prior to March 15 of the year due. (Ord. 295, 11-10-2003)