(A) Upon the filing of an application for a sexually oriented business employee license, the town shall issue a temporary license to the applicant. The application shall then be referred to the appropriate town departments for an investigation to be made on any information as is contained on the application. The application process shall be completed within 30 days from the date the completed application is filed. After the investigation, the town shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) 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.
(2) An applicant is under the age of 18 years.
(3) An applicant has been convicted of a “specified criminal activity” as defined in § 113.01.
(4) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter.
(5) An applicant has had a sexually oriented business employee license revoked by the town within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in § 113.11.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the town that the applicant has not been convicted of any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 113.06.
(C) Within 30 days after receipt of a completed sexually oriented business application, the town shall approve or deny the issuance of a license to an applicant. The town shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant’s spouse is overdue in payment to the town of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a questions or request for information on the application form.
(4) An applicant or an applicant’s spouse has been denied a license by the town to operate a sexually oriented business within the preceding 12 months or his/her/its license to operate a sexually oriented business has been revoked within the preceding 12 months.
(5) An applicant or the applicant’s spouse has been convicted of a specified criminal activity defined in this chapter.
(6) The premises to be used for the sexually oriented business have not been approved by the Health Department, Community Development Department, Fire Department, or the Building Official as being in compliance with applicable laws and ordinances.
(7) The license fee required by this chapter has not been paid.
(8) An applicant or the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter or of the Unified Development Code.
(D) The 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 sexually oriented business and the classification for which the license is issued pursuant to § 113.02. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(E) A sexually oriented business license shall issue for only one classification as found in § 113.02.
(F) A sexually oriented business employee shall keep the employee’s license on his or her person or on the premises where the licensee is then working or performing and shall produce the license for inspection upon request by a law enforcement officer or other authorized town official.
(`82 Code, § 8-6-4) (Ord. 546, passed 7-22-99) Penalty, see § 10.99