(a) Upon the filing of a completed application for a Sexually Oriented Business license, the Chief of Police shall issue a temporary license to said applicant immediately.
(b) Upon receipt of an application for a Sexually Oriented Business license, the Chief of Police shall promptly investigate the information provided in the application concerning the criminal background of the applicant(s) and shall record the results of his investigation in writing within five (5) days of the completion of his investigation.
(c) Within twenty-one (21) days after receipt of a completed Sexually Oriented Business license application, the Chief of Police shall approve or deny the issuance of a license. The Chief of Police shall approve the issuance of a license to an applicant unless he determines that one or more of the following findings is true:
(1) An applicant who is a natural person is under eighteen (18) years of age.
(2) An applicant has failed to provide information reasonably necessary for issuance of the license as requested on the application form, or has falsely answered a question or request for information on the application form.
(3) An applicant has been denied an adult business licenses or has had a license to operate a Sexually Oriented Business or adult motel revoked within the preceding twelve (12) months by any jurisdiction.
(4) An applicant has been convicted of a specified criminal activity as defined in Section 791.02.
(5) The proposed Sexually Oriented Business would violate or fail to be in compliance with any provisions of the Planning and Zoning Code of the City, the General Offenses Code of the City, or State statute or regulation.
(6) The application and investigation fee required by this chapter has not been paid.
(7) An applicant is in violation of or in not in compliance with any provision of this chapter.
(d) If the Chief of Police determines that an applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business, which are not the subject of a pending appeal or other legal challenge, the license issued pursuant to subparagraph (b) of this section shall contain a requirement that the licensee correct all deficiencies specified within 120 days of the date the license is issued:
(e) If the Chief of Police determines that no other grounds for denial of a license exist under subparagraph (b) of this section, the Chief of Police shall not delay approval of the application past the end of the 21-day period provided in this section solely because the Chief of Police has not completed his investigation of the criminal background of the applicant(s). If, after approving the issuance of a license, the Chief of Police receives information from his investigation that he determines constitutes grounds for denial of a license under subparagraph (b) of this section, then the Sexually Oriented Business license issued pursuant to this subparagraph (d) shall be immediately revoked.
(f) 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 address of the licensed Sexually Oriented Business or adult motel, and the classification for which the license is issued pursuant to Section 791.03 of this chapter. All Sexually Oriented Business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(g) The Chief of Police shall advise the applicant in writing of the reasons for any license denial. (Ord. 07-30AC. Passed 5-7-07.)