(a) Each individual to be employed or to work as an independent contractor in a sexually oriented business, as defined in Section 734.02, shall be required to obtain a sexually oriented business employee and independent contractor’s permit. Each applicant for such a permit shall pay a fee of seventy-five dollars ($75.00).
(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 City Manager, or person designated by the City, 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 eighteen (18) years of age.
(3) A statement detailing whether he/she has ever had a similar license, permit, or authorization to do business denied, revoked, or suspended in the two (2) 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.
(5) Two (2) identical passport-quality photographs of the individual, approximately two (2) inches of size, taken within the preceding year, for use on the permit and application.
(6) The City Manager, or person designated by the City Manager, shall grant or deny the application for a permit within ten (10) days from the date of its proper filing.
(7) The City Manager, or person designated by the City Manager, shall refer the sexually oriented business employee and independent contractor’s permit application to the Police Division for an investigation to be made of such information as is contained on the application. The application process shall be completed within ten (10) days from the date the completed application is filed. After the investigation, the City Manager, or person designated by the City Manager, shall issue a permit unless the report from the Police Division finds that one or more of the following is true:
A. That the individual is under eighteen (18) years of age.
B. That the individual has been convicted of a “specified criminal act” as defined in Section 734.02.
C. That the sexually oriented business employee or independent contractor 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 or independent contractor permit revoked within two (2) years of the date of the current application or suspended three (3) or more times within two (2) years of the date of the current application.
(8) An individual, upon receipt by the City Manager, or person designated by the City Manager, 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 City Manager, or person designated by the City Manager, within three (3) 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 Section 734.04. The applicant shall keep the temporary work permit on his/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 City 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 City Manager, or person designated by the City Manager, upon the written application of the individual and a finding by the City Manager, or person designated by the City, and the Police Division that the individual has not been convicted of any “specified criminal act” as defined in Section 734.02 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 seventy-five dollars ($75.00).
(10) Appeal:
The process set out in Section 734.28 shall apply to these permits.
(Ord. 1543-04. Passed 8-26-04.)