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 or more of the following to be true:
(A) An applicant is under 18 years of age.
(B) An 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.
(C) 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.
(D) An applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(E) An applicant is residing with a person who has been denied a license by the city to operate a sexually oriented use business within the preceding 12 months, or residing with a person whose license to operate a sexually oriented use business has been revoked within the preceding 12 months.
(F) The premises to be used for the sexually oriented use business have not been approved by the Fire Department and the Building Official as being in compliance with applicable laws and ordinances.
(G) The license fee required by the chapter has not been paid.
(H) The required background check is not yet complete.
(I) An applicant has been employed in a sexually oriented use business in a managerial capacity within the preceding 12 months and has demonstrated that he or she is unable to operate or manage a sexually oriented use business premises in a peaceful and law abiding manner, thus necessitating action by law enforcement officers.
(J) An applicant or the proposed establishment is in violation of or is not in compliance with this code.
(K) An applicant or an applicant’s spouse has been convicted of a crime:
(1) Involving any of the following offenses:
(a) Prostitution as described in M.S. § 609.321;
(b) Solicitation, inducement or promotion of prostitution as described in M.S. § 609.322;
(c) Receiving profit derived from prostitution as described in M.S. § 609.323;
(d) Other prohibited acts relating to prostitution as described in M.S. § 609.324;
(e) Obscenity as described in M.S. § 617.241;
(f) Sale, dissemination, distribution, display or exhibition of harmful material to minors as described in M.S. §§ 617.293 and 617.294;
(g) Sexual performance by a child as described in M.S. § 617.246;
(h) Dissemination or possession of child pornography as described in M.S. § 617.247;
(i) Indecent exposure as described in M.S. § 617.23;
(j) Criminal sexual conduct as described in M.S. §§ 609.342, 609.343, 609.344, and 609.345;
(k) Incest, as described in M.S. § 609.365; or
(l) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses.
(2) For which:
(a) 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;
(b) Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(c) 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.
(L) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant’s spouse.
(M) An applicant who has been convicted or whose spouse has been convicted of an offense listed in division (K)(1) above may qualify for a sexually oriented use business license only when the time period required by division (K)(2) above has elapsed.
(N) 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 sexually oriented use business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented use business so that it may be easily read at any time.
(Ord. 114, passed 2-28-05) Penalty, see § 114.99