(a) The Sexually Oriented Business Use Commissioner shall issue asexually oriented business license to an applicant if, but only if, the Sexually Oriented Business Use Commissioner finds and determines all of the following based on the reports, investigations, and inspections conducted by the Sexually Oriented Business Use Commissioner and any Reviewing Departments.
(1) All information and documents required by this chapter for issuance of a sexually oriented business license have been properly provided and the material statements made in the application are true and correct.
(2) No person identified in the application has been convicted of, or pleaded nolo contenders to, any specified criminal activity within five years immediately preceding the date of the application.
(3) No person identified in the application is overdue on payment to the City of taxes, fees, fines, or penalties assessed against or imposed on any such individual in connection with any sexually oriented business.
(4) The sexually oriented business and the licensed premises comply with all then-applicable building, health, and safety codes and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the Newark Zoning Code.
(5) The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of the City Zoning Ordinance applicable to sexually oriented businesses, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed sexually oriented business establishment and its proposed operation are anal shall be in compliance therewith.
(b) Denial. If the Sexually Oriented Business Use Commissioner determines that the applicant has not met any one or more of the conditions set forth herein, then the Sexually Oriented Business Use Commissioner shall deny issuance of the sexually oriented business license and shall give the applicant a written notification and explanation of such denial.
(c) License Deemed Issued. If the Sexually Oriented Business Use Commissioner does not issue or deny the sexually oriented business license wit1ain thirty days after the properly completed application is submitted, then the sexually oriented business license applied for shall be deemed to have been issued.
(d) License Fee. The annual fee for a sexually oriented business license is five hundred dollars ($500.00).
(Ord. 01-45. Passed 11-5-01.)