(A) If application is made for a sexually oriented business license the Building and Zoning Official shall either approve or deny the issuance and the City Clerk shall issue the license or issue a written denial to an applicant within 20-days of the filing of application with the City Clerk. The Building and Zoning Official shall approve a license and the City Clerk 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:
(1) The applicant has failed to provide the information requested on the application form or has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has had a sexually oriented business license or an employee license issued by the City of Mt. Vernon, Illinois revoked within the 12-months preceding the date of the application;
(4) Subject to subsection (C) below, the premises to be used for the sexually oriented business has been determined by the Building Department, Fire Department or Zoning Department of the City as not being in compliance with applicable Building, Zoning or Fire Codes;
(5) The license fee required has not been paid;
(6) The premises to be used for the sexually oriented business does not meet the location restrictions of § 117.04 or the premises is physically or structurally not in compliance with one or more provisions of this chapter 117.
(7) The applicant has refused or failed to permit inspection of the premises.
(B) A sexually oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the street address of the sexually oriented business and the § 117.03 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(C) Failure of an appropriate City Department or employee to timely complete a review or inspection, failure of the Building Official to approve or deny a license, or failure of the City Clerk to issue or deny a license shall not be grounds for refusing to issue a license within 20-days (or within the extended time period requested by the applicant) from the date the application is filed with the City Clerk. In the event the City Clerk fails to issue or deny a license within the time specified, the license will be deemed to have been issued. However, the licensee and the licensed premises must still comply with all provisions of this Chapter 117 the same as if a license had been issued by the City Clerk, as the failure of the City to render a decision on an application does not excuse compliance by the licensee with any provision of this Chapter 117, except the license requirement. The licensee is also subject to all provisions of this Chapter 117 relating to renewal of license, suspension of a license or revocation of a license.
(D) A sexually oriented business license shall issue for only one classification as set forth in § 117.03 and for only one designated premises.
(E) In the event that the Building Official determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing by the City Clerk of the reasons for the denial within 20-days of the filing of the completed application with the City Clerk, provided that the applicant may request in writing at any time before the notice is issued that such period be extended for an additional definite time period in order to comply with the requirements of this Chapter 117.
(F) A sexually oriented business license shall be subject to annual renewal upon the written application of the applicant. The decision whether to renew a license shall be made within 20-days of the filing of the application with the City Clerk (unless extended by request of the applicant). The request for renewal shall be subject to the fee as set forth within § 117.12.
(G) Denial of a new or original license, denial of renewal of a license, suspension of a license, or revocation of a license shall be subject to the licensing and appeal procedures as provided within § 117.17.
(Prior Code, Art. 11, § 11.15.10)