(A) License required.
(1) Prohibition. It is unlawful for any person to operate a sexually oriented business without a valid sexually oriented business license issued by the city for the particular type of business.
(2) Application form. An application for a sexually oriented business license must be made on a form provided by the city.
(3) Required information.
(a) An application shall be considered complete if it includes the information required in this section. The applicant shall be qualified according to the provisions of this chapter. The application shall be notarized. The application shall include the information called for in divisions (A)(3)(a)1. through (A)(3)(a)6. as follows:
1. The full true name and any other names used in the preceding five years.
2. The current business address.
3. Either a set of fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant’s social security number, to be used for the same purpose.
4. The name, business location, legal description, business mailing address and phone number of the proposed sexually oriented business.
5. Written proof of age, in the form of either (i) a copy of a birth certificate and current photo (ii) a current driver’s license with picture, or (iii) other picture identification document issued by a governmental agency.
6. The issuing jurisdiction and the effective dates of any license or permit held by the applicant relating to a sexually oriented business, and whether any such license or permit has been denied, revoked, or suspended, and if so, the reason or reasons therefor.
7. The name and address of the statutory agent or other agent authorized to receive service of process.
(b) The information provided pursuant to divisions (A)(3)(a)1. through (A)(3)(a)6. shall be supplemented in writing by certified mail, return receipt requested, to the City Manager within ten working days of a change of circumstances which would render the information originally submitted false or incomplete.
(4) Diagram of premises. The application for a sexually oriented business license must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with market dimensions of the interior of the premises to an accuracy of plus or minus six inches. Applicants who must comply with § 116.12, shall submit a diagram meeting the requirements of that section.
(5) Inspections. The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the law by the building official.
(6) Execution of application. If a person who wishes to operate a sexually oriented business is an individual, the individual must sign the application for a license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each individual who has a 10% or greater interest in the business, and each officer, director, general partner, or other person who will participate directly in decisions relating to management of the business must sign the application for a license as applicant. Each applicant must be qualified under § 116.02 and each applicant shall be considered a licensee if a license is granted.
(B) Issuance.
(1) Approval of license. Within 30 days after the receipt of a completed application, the city shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The city shall approve the issuance of a license unless one or more of the following is found to be true:
(a) An applicant is under 18 years of age.
(b) An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.
(c) An applicant has failed to provide information required under § 116.04 or which is necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(d) An applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(e) The premises to be used for the sexually oriented business has not been approved by the building official as being in compliance with applicable laws and ordinances.
(f) The license fee required by this chapter has not been paid.
(g) An applicant or the proposed establishment is in violation of or is not in compliance with this chapter.
(h) The sexually oriented business premises holds an intoxicating liquor, beer or wine license.
(i) An applicant has been convicted of a crime:
1. Involving any of the following offenses:
a. Prostitution as described in M.S. § 609.321, as it may be amended from time to time;
b. Solicitation, inducement of promotion of prostitution as described in M.S. § 609.322, as it may be amended from time to time;
c. Receiving profit derived from prostitution as described in M.S. § 609.323, as it may be amended from time to time;
d. Other prohibited acts relating to prostitution as described in M.S. § 609.324, as it may be amended from time to time;
e. Obscenity as described in M.S. § 617.241, as it may be amended from time to time;
f. Sale, dissemination, distribution, display or exhibition of harmful materials to minors as described in M.S. §§ 617.293 and 617.294, as it may be amended from time to time;
g. Sexual performance by a child as described in M.S. § 617.246, as it may be amended from time to time;
h. Dissemination or possession of child pornography as described in M.S. § 617.247, as it may be amended from time to time;
i. Indecent exposure as described in M.S. § 617.23, as it may be amended from time to time;
j. Criminal sexual conduct as described in M.S. §§ 609.342, 609.343, 609.344, and 609.345, as it may be amended from time to time;
k. Incest, as described in M.S. § 609.365, as it may be amended from time to time; or
l. The proposed sexually oriented business would or does not comply with the city’s zoning ordinance.
m. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses:
2. For which:
a. Less than two 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;
b. Less than five 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
c. Less than five 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(2) Conviction. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. For purposes of this section, “conviction”:
(a) Means a conviction or a guilty plea; and
(b) Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a crime designated under this section, a management responsibility or a controlling interest.
(3) Time periods. An applicant who has been convicted of an offense listed in § 116.0(B)(1)(i)1. may qualify for a sexually oriented business license only when the time period required by § 116.04(B)(1)(i)2. has elapsed.
(4) License information and posting. The license, if granted, shall state the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(C) Fees. The annual fee for a sexually oriented business license shall be set by resolution of the City Council. The investigation fee for the purpose of issuing a license shall be set by resolution of the City Council. In the event that the license is denied upon application, the license fee shall be refunded; however, no part of the license investigation fee shall be returned to the applicant. No part of the annual license fee shall be refunded if the license is suspended or revoked.
(Ord. 233, passed 1-10-05)