(A) The City Administrator or his/or designee shall grant or deny an application for a permit within 30 days from the date of its proper filing. Upon the expiration of the thirtieth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the city or its designee notifies the applicant of a denial of the application and states the reason(s) for that denial.
(B) Grant of application for permit.
(1) The City Administrator or his or her designee shall grant the application unless one or more of the criteria set forth in division (C) of this section is present.
(2) The permit, 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 sexually oriented business, whether permitted or not may be subject to indecency laws pursuant to the United State Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.
(C) Denial of application for permit. The City Administrator or his or her designee shall deny the application for any of the following reasons:
(1) An applicant is under 18 years of age;
(2) An applicant or an applicant’s spouse is overdue on any payment to the city or any other governmental body of taxes, fees, fines or penalties assessed against him/her individually or any taxes imposed upon any corporation or partnership in relation to a sexually oriented business;
(3) An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding 12 months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months;
(4) An applicant has failed to provide information required by this subchapter for the issuance of the permit or has falsely answered a question or request for information on the application form;
(5) The premises to be used for the sexually oriented business have not been approved as being in compliance with Health, Fire and Building Codes by the department or agency responsible under law for investigating the compliance;
(6) The application or permit fees required by this subchapter have not been paid;
(7) An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this subchapter including, but not limited to, the zoning locational requirements for a sexually oriented business under the city zoning ordinance;
(8) The granting of the application would violate a statute, ordinance or court order;
(9) The applicant has a permit under this subchapter which has been suspended or revoked;
(10) An applicant has been convicted of a specified criminal act for which:
(a) Less than two years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts;
(b) Less than five years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for the specified criminal acts;
(c) Less than five years has elapsed since the date of conviction or the date of release from confinement, whichever is the later date if the applicant has been convicted of two or more misdemeanor offenses for specified criminal acts occurring within any 24-month period; or
(d) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant;
(11) An applicant who has been convicted of any specified criminal acts may qualify for a sexually oriented business permit only when the time period required in division (C)(10) of this section has elapsed; and
(12) An applicant knowingly has in his or her employ an employee who does not have a valid license as required in this subchapter.
(D) If the City Administrator or his or her designee denies the application, he or she shall notify the applicant of the denial and state the reasons(s) for the denial.
(E) If a person applies for a permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(1) An applicant or permittee shall permit representatives of the Code Enforcement Officer, the county’s Health Department, and the Fire Department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business or at any other reasonable time.
(2) It is unlawful, and a person who operates a sexually oriented business, regardless of whether or not a permit has been issued for the business under this subchapter, or its agent or employee, commits a misdemeanor if he or she refuses to permit the lawful inspection of the premises at any time that it is occupied or open for business or any other reasonable time.
(3) The provisions or this section do not apply to areas of an adult motel, as defined in this subchapter, which are currently being rented by a customer for use as permanent or temporary habitation.
(2000 Code, § 5.54.070) Penalty, see § 118.999