(A) Upon receipt of an application and fee, the Zoning Administrator shall promptly review the application and supporting documents for completeness and proper execution. If found to be complete and properly executed, the Zoning Administrator shall forward the application and other documents to the Planning Commission for review and hearing under § 153.305. The Planning Commission may grant a special use permit if the application is in compliance with all of the requirements of the granting of a special use permit, and the requirements contained in this section, including:
(1) The applicant is 18 years of age or older;
(2) The applicant shall not be overdue or delinquent in payment of taxes, fines, or penalties assessed against or imposed upon applicant in relation to a sexually oriented business conducted in the city;
(3) The applicant has made full and accurate representations and has truthfully answered all questions and requests for information on the application form;
(4) The applicant shall not have been denied a permit by the city or another governmental entity to operate a sexually oriented business within the preceding 12 months, and has not had a license to operate a sexually oriented business in the city or elsewhere revoked within the preceding 12 months;
(5) The premises to be used for the sexually oriented business has been approved by the Health Department for the use intended, if applicable;
(6) The applicant has not been convicted within five years immediately preceding the application date of any of the following criminal offenses in any jurisdiction: prostitution, procuring a prostitute, or solicitation of a prostitute; sale, distribution, or display of obscene material; soliciting, procuring, or aiding and abetting an unlawful sexual performance by a minor; possession, sale, or distribution of child pornography; public lewdness; indecent exposure, indecent conduct with a child; sexual assault or rape; incest; or sexual solicitation of a child;
(7) If the applicant is a corporation:
(a) All officers, directors, and stockholders required to be named shall be at least 18 years of age;
(b) No officer, director, or stockholder required to be named shall have been convicted within five years immediately preceding the application date of any of the following criminal offenses in any jurisdiction: prostitution, procuring a prostitute, or solicitation of a prostitute; sale, distribution, or display of obscene material; soliciting, procuring, or aiding and abetting an unlawful sexual performance by a minor; possession, sale, or distribution of child pornography; public lewdness; indecent exposure, indecent conduct with a child; sexual assault or rape; incest; or sexual solicitation of a child; and
(c) No officer, director, or stockholder required to be named shall have been found to have previously violated this subchapter or a substantially similar ordinance within five years immediately preceding the date of the application.
(8) If the applicant is a partnership, joint venture, or any other type of organization where two or more persons have a financial interest:
(a) All persons having a financial interest in the partnership, joint venture, or other type of organization shall be at least 18 years of age;
(b) No person having a financial interest in the partnership, joint venture, or other type of organization shall have been convicted within five years immediately preceding the application date of any of the following criminal offenses in any jurisdiction: prostitution, procuring a prostitute, or solicitation of a prostitute; sale, distribution, or display of obscene material; soliciting, procuring, or aiding and abetting an unlawful sexual performance by a minor; possession, sale, or distribution of child pornography; public lewdness; indecent exposure, indecent conduct with a child; sexual assault or rape; incest; or sexual solicitation of a child; and
(c) No person having a financial interest in the partnership, joint venture, or other type of organization shall have been found to have violated any provision of this subchapter or a substantially similar ordinance within five years immediately preceding the date of the application.
(B) The Planning Commission may impose reasonable conditions in conjunction with the approval of a special use permit for a sexually oriented business.
(C) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, and the address of the sexually oriented business. The permit 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.
(Ord. 02-05, passed 8-5-2002) Penalty, see § 153.999