(a) The City Manager is responsible for granting, denying, revoking, renewing and suspending sexually oriented business operator's licenses. The City Manager may delegate these responsibilities to another person or office by entry in the City Manager's Journal.
(b) In the event that the City Manager determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, or that information within the application is inaccurate, the City Manager shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete or correct the application. The time period for granting or denying a license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.
(c) The City Manager may delegate the duties assigned to the City Manager under this Chapter by an entry in the City Manager's Journal.
(d) Upon receipt of an application properly filed with the City and upon payment of the application fee, the City Manager shall promptly evaluate the application in accordance with this Chapter.
(e) The City Manager shall grant the application unless:
(1) Any applicant, or any officer, director, member or general partner of the applicant is under 18 years of age;
(2) Any applicant or any officer, director, member or general partner of the applicant is overdue on his or her payment to the City of taxes, fees, fines or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business;
(3) Any applicant or any officer, director, member or general partner of the applicant has failed to comply with Section 707.03;
(4) Granting of the application would violate a court order;
(5) An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient;
(6) Any applicant or any officer, director, member or general partner of the applicant has a license under this Chapter which has been suspended more than three times or revoked during the five-year period preceding the application; or
A. Any applicant or any officer, director, member or general partner of the applicant has been convicted of a specified criminal act for which less than five years have elapsed since the date of conviction, the date of completion of probation, or the date of release from confinement, for the specified criminal acts.
B. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
(7) The location of the proposed sexually oriented business fails to satisfy the criteria set forth in the applicable provisions of Part Eleven - Zoning Code, unless the sexually oriented business was lawfully operating in its present location on the effective date of this ordinance.
(8) The application fee has not been paid.
(f) If the City Manager fails to act with respect to a properly filed application within ten (10) days of its submission, the application shall be deemed granted.
(g) If the City Manager denies the application, the City Manager shall promptly notify the applicant of the denial in writing and state the reasons(s) for the denial.
(h) If granted, the license shall state on its face the name of the person or persons to whom it is granted, the expiration date, the type of sexually oriented business approved and the address of the sexually oriented business. The license shall be posted in a conspicuous interior location at or near the entrance to the sexually oriented business so that it can be read easily at any time by a reasonable person.
(Ord. 19-85. Passed 3-26-19.)
(Ord. 19-85. Passed 3-26-19.)