(a) A license issued by the Chief of Police shall be obtained and evidence of such license presented to the Zoning Inspector prior to issuance of a zoning permit by the Zoning Inspector in accordance with Chapter 1107 of the North Perry Planning and Zoning Code.
(b) The Chief of Police shall approve the issuance of a license to an applicant within sixty {60) days after receipt of an application unless the Chief of Police finds one or more of the following to be true:
(1) In applicant is under eighteen (18) years ofage;
(2) An applicant or an applicant's spouse is overdue in payment to the Village of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or the applicant's spouse in relation to an Adult Business.
(3) 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.
(4) An applicant of this Chapter, other than the offense of operating a sexually- oriented business without a license within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) The license fee required by this Chapter has not been paid.
(6) An applicant has been employed in an Adult Businesses in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage an Adult Businesses premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7) An applicant or the proposed establishment is in violation of or is not in compliance with this Chapter.
(8) An applicant or an applicant's spouse has been convicted of a crime:
A. Involving any of the following offenses:
Prostitution;
Promotion of prostitution;
Aggravated promotion of prostitution;
Compelling prostitution;
Obscenity;
Sale, distribution, or display of harmful material to minor;
Sexual performance by a child;
Possession of child pornography;
Public lewdness;
Indecent exposure;
Indecency with a child;
Sexual assault or aggravated sexual assault;
Incest, solicitation of a child, or harboring a runaway child; or
Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
B. For which:
Less than two (2) 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;
Less than five (5) 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
Less than five (5) 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 {2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
(9) An applicant proposes a site which is one thousand (1,000) feet near a residence, school or park, zoned P-1, R-1, C-1 or M-1, or in a location not authorized by the North Perry Planning and Zoning Code.
(10) An applicant fails to comply with the laws of the Village or state statutes or additional codes or federal laws.
(c) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or applicant's spouse.
(d) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (b)(8) may qualify for an Adult Business license only when the time period required by Section 731.05 has elapsed.
(e) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the Adult Business. The license shall be posted in a conspicuous place at or near the entrance of the Adult Business so that it may be easily read at any time.
(Ord. 20-06. Passed 6-4-20.)