The city business license official shall approve the issuance of a license to the applicant within thirty (30) days after receipt of an application, unless the official finds one or more of the following:
A. The applicant is under eighteen (18) years of age or any higher age, if the license sought requires a higher age;
B. The applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business;
C. The applicant has falsely answered a material question or request for information as authorized by this chapter;
D. The applicant has been convicted of a violation of a provision of this chapter within two (2) years immediately preceding the application; however, the fact that a conviction is being appealed shall have no effect on the denial;
E. The premises to be used for the business have been disapproved by the Valley health department, the city fire department, the city police department, the city building officials or the city zoning officials as not being in compliance with applicable laws and ordinances of the city. If any of the foregoing reviewing agencies cannot complete their review within the thirty (30) day approval or denial period the agency or department may obtain from the city business license official an extension of time for their review of no more than fifteen (15) days. The total time for the city to approve or deny a license shall not exceed forty five (45) days from the receipt of an application. Businesses located outside of the corporate boundaries of the city, but requiring a license under this chapter, may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location;
1. Upon receipt of an application all departments required to review the application shall determine within seven (7) days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete.
2. The time for processing applications specified in this section shall begin to run from the receipt of a complete application.
3. In the event that a license for nude entertainment, seminude dancing bar, nude and seminude dancing agencies, adult businesses, or nude entertainment businesses, has not been disapproved within thirty (30) days or the forty five (45) days allowed after an extension the city shall issue the license pending completion of the city's review.
F. The license fees required by this chapter or by other ordinances have not been paid;
G. All applicable sales and use taxes have not been paid;
H. An applicant for the proposed business is in violation of or not in compliance with this chapter;
I. An applicant has been convicted or pled nolo contendere to a crime:
1. Involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; public lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense; for which:
a. Less than two (2) years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five (5) years, if the convictions are of two (2) or more misdemeanors within the five (5) years, or
b. Less than five (5) years have elapsed from the date of conviction, if the offense is of a felony;
2. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section. (Ord. 1-06 § 30, 2006: Ord. 9-90 § 1, 1990: Ord. 53-88 § 5, 1988: Ord. 36-88 § 16, 1988: Ord. 21-88 § 1, 1988: prior code § 20-40-20)