After receiving a complete application for a young adult entertainment facility license, the city shall initiate the following procedures.
(A) The City Clerk shall forward copies of the application to appropriate city officials for their comments regarding compliance with regulations under their jurisdiction. The City Clerk shall consider all materials and comments submitted and issue or deny the license within 30 working days after the date on which a completed application was filed unless the applicant agrees to an extension of the time period in writing. In the event that the City Clerk fails to act upon any application within the time period set forth herein, the inaction shall be deemed a denial of the application.
(B) The issuance or renewal of a young adult entertainment facility license shall be denied by the City Clerk for any one or more of the following reasons:
(1) The applicant has been convicted of one or more of the following offenses:
(a) Any offense involving sexual misconduct with children or other sex offenses as defined in ILCS Ch. 720, Act 5, § 11-6 et seq. “Sex Offenses” Code of 1961, as amended;
(b) A felony based upon conduct or involvement in the business or activity or related or similar business or activity, within the past ten years;
(c) A felony unrelated to conduct or involvement in the business or activity or related or similar business or activity, but which felony involved the use of a deadly weapon, traffic in narcotic drugs, or violence against another person, including rape, within the past five years; or
(d) A misdemeanor or licensing ordinance violation, based upon conduct or involvement in the business or activity or related or similar business or activity, within the past two years.
(2) The applicant whose license issued under this subchapter has been revoked for cause;
(3) The applicant who at the time of application for renewal of any license issued under this subchapter would not be eligible for the license upon a first application;
(4) The applicant is under the age of 18 years;
(5) Where grounds for revocation of the license exists;
(6) If the applicant is a partnership and any general partner, or any limited partner of owning more than 20% of the aggregate limited partner interest in the partnership, would not be eligible to receive a license under this chapter;
(7) If the applicant is a corporation and any officer or director, or any stockholder or stockholders owning in the aggregate more than 20% of the stock of such corporation, would not be eligible to receive a license under this chapter;
(8) If the applicant is a corporation unless it is incorporated in Illinois or unless it is a foreign corporation which is qualified under the Business Corporation Act of 1983 to transact business in Illinois;
(9) If the business of the young adult entertainment facility is to be conducted by a manager unless the manager possesses the same qualifications required by the licensee;
(10) If the applicant is not a beneficial owner of the business to be operated by the licensee;
(11) If the premises do not comply with all applicable city ordinances and state laws;
(12) If the application is incomplete or if it contains any material misrepresentation; and
(13) If the application does not show adequate measures for the protection of persons or property, security, both inside and outside the premises, and the monitoring of the ages of patrons admitted to the young adult entertainment facility.
(C) If the City Clerk denies a license, written notice of the denial stating the reasons why shall be sent to the applicant within five working days after the denial. The applicant shall have a period of ten working days after the date of license denial to appeal to the City Council. The appeal shall be in writing and shall be scheduled for hearing within 14 days of the receipt of the appeal for a regular meeting occurring not more than 30 days after receipt of the notice and after at least five days notification of the hearing date to the appellant.
(2000 Code, § 5.68.040)