(A) Temporary license. Upon the filing of a completed application for an adult use business license, the city shall issue a Temporary License to the applicant, which Temporary License shall expire upon the final decision of the city to deny or grant the license.
(B) Approval of license. Within 45 days after the receipt of a completed application, the city shall either issue a license, or issue a written notice of intent to deny a license to the applicant. The city shall approve the issuance of a license unless one or more of the following is found to be true:
(1) An applicant is under 18 years of age.
(2) An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to an adult use business.
(3) An applicant has failed to provide information required under § 117.04, or which is necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) 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.
(5) The premises to be used for the adult use business have not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances.
(6) The license fee required by this chapter has not been paid.
(7) An applicant or the proposed establishment is in violation of, or is not in compliance with this chapter.
(8) An applicant has been convicted of a crime:
(a) Involving any of the following offenses:
1. Prostitution as described in M.S. § 609.321, as may be amended from time to time;
2. Solicitation, inducement of promotion of prostitution as described in M.S§609.322, as may be amended from time to time;
3. Receiving profit derived from prostitution as described in M.S.§609.323, as may be amended from time to time;
4. Other prohibited acts relating to prostitution as described in M.S.§609.324 as may be amended from time to time;
5. Obscenity as described in M.S. § 617.241, as may be amended from time to time;
6. Sale, dissemination, distribution, display or exhibition of harmful materials to minors as described in M.S. §§ 617.293 and 617.294, as may be amended from time to time;
7. Sexual performance by a child as described in M.S. § 617.246, as may be amended from time to time;
8. Dissemination or possession of child pornography as described in M.S § 617.247, as may be amended from time to time;
9. Indecent exposure as described in M.S. § 617.23, as may be amended from time to time;
10. Criminal sexual conduct as described in M.S. §§ 609.342, 609.343, 609.344, and 609.345, as may be amended from time to time;
11. Incest, as described in M.S. § 609.365, as may be amended from time to time; or
12. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses:
(b) For which:
1. 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;
2. 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
3. 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 a 24 month period.
(9) The proposed adult use business would or does not comply with the city’s Zoning Ordinance.
(C) Conviction. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. For purposes of this chapter, “conviction”:
(1) Means a conviction or a guilty plea; and
(2) Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a crime designated under this section, a management responsibility or a controlling interest.
(E) License information and posting. 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 adult use business. The license shall be posted in a conspicuous place at or near the entrance to the adult use business so that it may be easily read at any time.
(Ord. 344, passed 4-15-04)