(A) The City shall approve the issuance of a license to an applicant within sixty (60) days after receipt of an application unless the Chief of Police, or his/her designate, finds one (1) or more of the following to be true:
(1) An applicant is under 18 years of age.
(2) An applicant or an applicant’s spouse is overdue in payment to the City of taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant’s spouse in relation to a sexually oriented business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
(4) An applicant or an applicant’s spouse has been convicted of a violation of a provision of this Article, other than the offense of operating a sexually oriented business without a license, within two years (2) immediately preceding the application. The fact that a conviction is being appealed shall have no effect.
(5) The license fee required by this Article has not been paid.
(6) An applicant has been employed in a sexually oriented business in a managerial capacity within the preceding twelve (12) months and has demonstrated an inability to operate or manage a sexually oriented business premises in a peaceful and law-abiding manner, thus necessitating action by law enforcement officers.
(7) An applicant, or the proposed establishment, is in violation of or is not in compliance with any of the provisions of this Article.
(8) The proposed establishment is in nonconformance to City Building and Zoning Codes.
(9) An applicant or an applicant’s spouse has been convicted of a crime:
(a) Involving:
1. Any of the following offenses as described in sections 28-801 et seq. RS Neb.:
a. Prostitution.
b. Promotion of prostitution.
c. Aggravated promotion of prostitution.
d. Compelling prostitution.
e. Obscenity.
f. Sale, distribution or display of harmful material to minors.
g. Sexual performance by a child.
h. Possession of child pornography.
2. Any of the following offenses as described in Nebraska Statutes:
a. Public lewdness.
b. Indecent exposure.
c. Indecency with a child.
3. Sexual assault or aggravated sexual assault as described in Nebraska Statutes.
4. Incest, solicitation of a child or harboring a runaway child as described in Nebraska Statutes.
5. Criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses.
(b) For which:
1. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction if the conviction is of a misdemeanor offense;
2. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four (24) month period.
(B) The fact that a conviction is being appealed has no effect on the disqualification of the applicant or applicant’s spouse under subsection (A) of this section.
(C) An applicant who has been convicted or whose spouse has been convicted of an offense listed in subsection (A)(9)(a) of this section may qualify for a sexually oriented business license only when the time period required by subsection (A)(9)(b) of this section has elapsed.
(D) Upon approving issuance of a sexually oriented business license, the City Clerk shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this Article and obtained possession of the license.
(E) The license, if granted, must state on its face the name of the person or persons to whom it is granted, the expiration date and the address of the sexually oriented business. The license must 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.
(F) In the event that the Police Department of the City, or its designate, cannot conduct a thorough and reasonable investigation of the applicant(s) within sixty (60) days after receipt of an application, the time in which said application shall be considered by the City shall be extended until a reasonable and thorough background investigation has been completed.
(G) The applicant, or its representatives, shall appear before the City at the time scheduled for consideration of the application by the City.
(H) The Zoning Administrator, City Health Official or its designated agent; the City Fire Official or its designated agent; and the City Building Officials or its designated agents shall complete their certification that the premises is in compliance or not in compliance within thirty (30) days of receipt of the application.
(I) Applicants for a sexually oriented business license shall have a continuing duty to promptly supplement any application information required by that section in the event that said information changes in any way from what is stated on the application. Failure to comply with said continuing duty to supplement an application within thirty (30) days from the date of such change shall be grounds for suspension of a sexually oriented business license. (Ord. No. 617, 6/17/03)