(a) Upon the filing of a fully completed application form for a sexually oriented business license or employee license, the City shall issue a temporary license to said applicant which shall entitle the applicant to operate the sexually oriented business or work as an employee. The application shall then be referred to the City Planning and Zoning Officer and/or his assistant as the licensing administrator for purposes of this Chapter for an investigation to be made on such information as is contained on the application. The processing and investigation of the application shall be completed within thirty (30) days of the date that the fully completed application is filed with the City. Any incomplete application shall be returned to the applicant and the thirty (30) day period for processing and investigation shall not commence until a fully completed application has been filed. After the processing and investigation, the City shall issue a permanent 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 falsely answered a question or request for information on the application form;
(2) The applicant is under the age of eighteen (18) years;
(3) The applicant has been convicted of a “specified criminal activity” as defined in this Chapter;
(4) The license is to be used for operation of a business or 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 license or sexually oriented business employee license revoked by the City within one (1) year of the date of the current application.
(6) The required application, investigation and license fees have not been paid.
(7) An applicant’s license to operate a sexually oriented business issued by any jurisdiction, has been revoked within the proceeding twelve (12) months.
(8) The application demonstrates that the proposed sexually oriented business is in violation of or is not in compliance with any of the provisions of this Chapter.
(9) A licensee is delinquent in payment of the City, County or State for any taxes or fees past due.
(b) If the sexually oriented business employee license is denied, the temporary license previously issued shall remain in effect during all appeals. Denial, non-renewal, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in Section 739.10.
(c) A license granted pursuant to this Section shall be subject to annual renewal upon the written application of the applicant pursuant to Section 739.03 and a finding by the City that the applicant has not been convicted of any “specified criminal activity” as defined in this Chapter or committed 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 Section 739.05.
(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 or employee and the specific classification of sexually oriented use for which the license is issued. All licenses shall be posted in a conspicuous place at or near the entrance of the sexually oriented business so that they may be easily read at any time.
(e) Applications for licenses required by the City under this Chapter shall be processed and either denied or approved within thirty (30) days after a complete application is filed with the City. A letter notifying the applicant of such denial or approval shall be mailed to the applicant within thirty (30) days of the submittal of a complete application. If the City fails to render a decision granting, denying or renewing a license required by this Chapter within thirty (30) days after a complete application is filed with the City, the permanent license required by this Chapter shall be deemed to have been approved. This “deemed approval” rule shall apply to both applications for sexually oriented business licenses and sexually oriented business employee licenses.
(f) A sexually oriented business license shall be issued for the specific classification of a sexually oriented use permitted by this Chapter and applied for.
(g) Any person aggrieved by the denial, suspension, non-renewal or revocation of a license may appeal, in writing, within ten (10) days from the date of such denial, suspension, non-renewal or revocation to Salem City Council in accordance with the procedures set forth in Section 739.10.
(Ord. 020219-15. Passed 2-20-02.)
(Ord. 020219-15. Passed 2-20-02.)