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§ 113.22 ISSUANCE OF LICENSE; DENIAL; ANNUAL RENEWAL REQUIRED.
   (A)   Upon the filing of an application for a sexually-oriented business employee license, the Town Clerk shall issue a temporary license to said applicant. The application shall then be referred to the appropriate town departments for investigation to be made on the information contained in the application. Any inspection requirement of a particular town agency shall be waived if the respective town agency fails to complete its inspection within 20 days of the date it received an inspection request. The application review process shall be completed with 30 days from the date of the completed application. After the investigation, the Town Clerk 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:
      (1)   The applicant has failed to provide the information required by this chapter for issuance of the license or has falsely answered a question or request for information on the application form;
      (2)   The applicant is under the age of 18 years;
      (3)   The applicant has been convicted of a specified criminal activity;
      (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; or
      (5)   The applicant has had a sexually-oriented business employee license revoked by any jurisdiction within two years of the date of the current application.
   (B)   If an application for a sexually-oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void.
   (C)   Denial, suspension or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in this chapter.
   (D)   A license issued pursuant to division (A) above, 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. The employee shall keep the license on the employee’s person at all time while engaged in employment or performing services on the sexually-oriented business premises so that said license may be available for inspection upon lawful request. If application is made for a sexually-oriented business license, the Town Clerk shall approve or deny issuance of the license within 45 days of receipt of the completed application. The failure of the town or a particular town official or agency to timely act shall result in the waiver by the town of any requirement under this chapter as applied to that particular town official or agency.
   (E)   The Town Clerk shall issue a license to an applicant unless it is determined 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 been denied a license by the town to operate a sexually-oriented business with the preceding 12 months, or applicant’s license to operate a sexually-oriented business has been revoked within the preceding 12 months;
      (4)   An applicant is overdue in payment to the town in taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any business;
      (5)   An applicant has been convicted of a specified criminal activity;
      (6)   The premises to be used for the sexually-oriented business have not been approved by the Health Department, Fire Department and the Building Department as being in compliance with applicable laws and ordinances;
      (7)   The premises to be used for the sexually-oriented business is located within 1,500 feet of any residential zone, single- or multiple-family dwelling, family-oriented entertainment business, church, park or school;
      (8)   The premises to be used for the sexually-oriented business is located within 1,500 feet of either any other sexually-oriented business licensed under this chapter or any other sexually-oriented business that would be licensed under this chapter if it were located within the town limits;
      (9)   The license fee required under this chapter has not been paid; or
      (10)   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.
   (F)   A license issued pursuant to division (E) above, 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 § 113.03 of this chapter 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.
   (G)   A sexually-oriented business license shall issue for only one classification, as set forth in § 113.03 of this chapter. Each classification operating with the same establishment and wholly owned by that establishment requires a separate license.
   (H)   In the event that the Town Clerk determines that an applicant is not eligible for a sexually- oriented business license, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of the completed application by the Town 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)   Each license issued pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Town Clerk that the applicant has not been convicted of any specified criminal activity, or committed and 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 receiving the completed application. The renewal of a license shall be subject to the fee as set forth in § 113.23 of this chapter. Non-renewal of a license shall be subject to appeal as set forth in this chapter.
(Prior Code, § 8-3-6)
§ 113.23 FEES.
   The annual fee for a new sexually-oriented business license is $500, whether new or renewal, except as noted herein. The annual fee of $50 is required for a sexually-oriented business employee license, whether new or renewal. The annual fee of $50 is required for a renewal sexually-oriented business license or for a license for a second classification of a sexually-oriented business operated within the same establishment as the primary application or license where no modifications to the premises or the primary application are required. These fees are to be used to pay for the cost of the administration and enforcement of this chapter. The fees are non-refundable and may not be prorated for a license period of less than one year. The fee requirements under this chapter shall not result in the suspension, non-renewal or revocation of a license pursuant to this chapter if the applicant or licensee makes full payments within 15 days of being notified of the fee requirements.
(Prior Code, § 8-3-7)
§ 113.24 INSPECTION.
   (A)   An applicant or licensee shall permit representative of the Police Department, Health Department, Fire Department, Building Department or other town, state or federal departments or agencies 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. Such inspection shall be limited to visual assessment of the activities conducted in areas in accord with the provisions of this chapter: areas to which patrons have access or are allowed access; to request for inspection of the licenses required under this chapter; and to request for identification of those individuals who reasonably appear to be under the age of 18.
   (B)   It shall be unlawful for an applicant, licensee or employee of a sexually-oriented business to refuse to permit law enforcement officers or any other agent allowed by this section to inspect the premises at any time the premises is occupied or open for business.
   (C)   The provisions of this section do not apply to areas of an adult motel that are currently being rented for use as temporary or permanent habitation.
(Prior Code, § 8-3-8)
§ 113.25 EXPIRATION OF LICENSE.
   (A)   Each license shall expire one year from the date of issuance and may be renewed only by submitting a renewal application to the town. Application for renewal shall be made at least 30 days before the expiration date.
   (B)   If the Town Clerk denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. Notwithstanding the provisions of this section, in the event a licensee appeals the non-renewal of a license, the status quo immediately prior to the non-renewal shall be maintained throughout the pendency of the appeal.
(Prior Code, § 8-3-9)
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