(A) (1) Upon the filing of an application for a sexually oriented business employee license, the Director shall issue a temporary license to the applicant within 24 hours of the filing of the application. The application shall then be referred to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within 30 days from the date of the completed application. After the investigation, the Director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(b) The applicant is under the age of 18 years;
(c) The applicant has had a sexually oriented business employee license revoked by the city within two years of the date of the current application.
(2) If the sexually oriented business employee license is denied, the temporary license previously issued is immediately rendered null and void. Denial, suspension, or revocation of a license issued pursuant to this division shall be subject to appeal as forth in division (I).
(B) A license issued pursuant to division (A), if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.
(C) A license issued pursuant to division (A) shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 115.06. Non-renewal of a license shall be subject to appeal as set forth in division (I).
(D) Within 30 days of the filing of a completed application for a sexually oriented business operator’s license, the Director shall either approve or deny issuance and the Director shall issue the license or issue a written denial to the applicant for the license. As required by this chapter, the Director shall issue 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 has failed to provide the 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 had a sexually oriented business operator’s license or a sexually oriented business employee’s license revoked within the 12-month period preceding the date of the application;
(4) An applicant is overdue in payment to the city for taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to the
sexually oriented business for which license is sought, or the property on which the sexually oriented business is located or will be located;
(5) The license fee required under this chapter has not been paid;
(6) An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter;
(7) The applicant has refused or failed to permit inspection of the premises as required by this chapter.
(E) A license issued pursuant to division (D), 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 § 115.03 classification for which the license is issued. 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. A sexually oriented business license shall be an annual license and shall expire on April 30 of each year and may be renewed only by making application as provided in § 115.08. Application for renewal shall be made at least 30 days before the expiration date. No application for renewal shall be made sooner than 45 days before expiration.
(F) If so required under other sections of this chapter, the Director shall complete his or her certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the City Clerk or within the extended time period requested by the applicant. Failure to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in division (D). In the event the Director fails to render a decision on the application within the time specified herein, the operator shall be permitted to commence operation of the business. and the license deemed to have been issued provided that the operator shall comply with all provisions of this chapter except the license requirement and the operator shall be subject to the provisions for license renewal, suspension or revocation denial, suspension, or revocation of a license issued pursuant to this division shall be subject to the provisions of division (I).
(G) A sexually oriented business license shall issue for only one classification, as set forth in § 115.03.
(H) In the event that the Director determines that an applicant is not eligible for a sexually oriented operator’s license, the applicant shall be given notice in writing of the reasons for the denial within 30 days of the receipt of the completed application by the City Clerk, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten days in order to make modifications necessary to comply with this chapter.
(I) The action taken by the Director to issue or deny a license pursuant to this section shall be final and shall be subject to judicial review. Judicial review of a denial by the Director may be made pursuant to § 115.11. The status quo shall continue to be maintained during the pendency of judicial review.
(J) A license issued pursuant to division (D) shall be subject to annual renewal upon the written application of the applicant and a finding by the Director that the applicant has not committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 115.06.
(Ord. 0-2003-13, passed 10-29-03)