§ 112.17 SEXUALLY ORIENTED BUSINESS EMPLOYEE AND INDEPENDENT CONTRACTOR PERMIT.
   (A)   Each individual to be employed or to work as an independent contractor in a sexually oriented business, as defined in § 112.02 of this chapter, shall be required to obtain a sexually oriented business employee and independent contractor's permit. Each applicant for such a permit shall pay a permit fee of $25. Said fee is to cover part of the reasonable administrative costs of the licensing application process.
   (B)   Before any individual may be issued a sexually oriented business employee or independent contractor's permit, the applicant shall submit on a form to be provided by the Chief of Police the following information:
      (1)   The individual's name and a personal or business address where mail may be delivered.
      (2)   Written proof of date of birth showing that the individual is at least 18 years of age.
      (3)   A statement detailing whether he or she has ever had a similar license, permit, or authorization to do business denied, revoked, or suspended in the two years immediately preceding the application. In the event of any such denial, revocation or suspension, the individual shall state the date, the name of the issuing or denying jurisdiction, and describe in full the reasons for the denial, revocation, or suspension and the length of the suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application if applicable.
      (4)   Whether the individual has been convicted of a specified criminal act as defined in § 112.10 of this chapter during the period set forth in § 112.10. This information shall include the date, place, nature of each conviction and identify the convicting jurisdiction.
      (5)   Two identical passport-quality photographs of the individual, approximately two inches in size, taken within the preceding year, for use on the permit and application.
      (6)   The Chief of Police shall grant or deny the application for a permit within ten days from the date of its proper filing.
      (7)   The Chief of Police shall refer the sexually oriented business employee and independent contractor's permit application to the Police Department for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten days from the date the completed application is filed. After the investigation, the Chief of Police shall issue a permit unless the report from the Police Department finds that one or more of the following findings is true:
         (a)   That the individual is under 18 years of age;
         (b)   That the individual has been convicted of a specified criminal act as defined in § 112.10 of this chapter;
         (c)   That the sexually oriented business employee and independent contractor's permit is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by particular provisions of this chapter; or
         (d)   That the individual has had a sexually oriented business employee and independent contractor's permit revoked by the village within two years of the date of the current application or suspended three or more times within two years of the date of the current application.
      (8)   An individual, upon receipt by the Chief of Police of a properly completed application for a sexually oriented business employee or independent contractor permit, may work or perform services pursuant to a temporary permit which shall be issued by the Chief of Police within three business days of the time the application is made. This temporary permit shall be in force until such time as the permit is issued or the decision to deny the permit becomes final pursuant to § 112.28. The applicant shall keep the temporary work permit on his or her person or on the permitted premises where the applicant is then working or performing services and produce such permit for inspection upon request by a law enforcement officer or other authorized village official. Employees and/or independent contractors who commence working while approval or denial is pending do so at their own risk as to the costs involved, but shall not be subject to prosecution for failure to obtain a permit, unless the application is denied and the employment is continued thereafter.
      (9)   Renewal of license.
         (a)   A license granted pursuant to this section shall be subject to annual renewal by the Chief of Police upon the written application of the individual and a finding by the Chief of Police and the Police Department that the individual has not been convicted of any specified criminal act as defined in § 112.10 of this chapter or committed any act during the existence of the previous permit period which would be grounds to deny the initial permit application.
         (b)   The renewal of the license shall be subject to payment of an annual fee of $25.
      (10)   Appeal. The process set out in § 112.28 shall apply to these permits.
(Ord. 19, 2008, passed 1-22-2009)