(A) Each application for an Taylor Mill Sexually Oriented Business License shall be initiated by the presentation of a completed application form to the City Clerk, with both the annual Taylor Mill Sexually Oriented Business License fee, and any Taylor Mill occupational license tax due from the applicant; and no application for an Taylor Mill Sexually Oriented Business License shall be accepted or received by the City Clerk, without payment of both the annual Taylor Mill Sexually Oriented Business License fee, and any Taylor Mill occupational license tax due from the applicant. Upon receipt thereof, the City Clerk shall issue an itemized receipt for the amount of the Taylor Mill Sexually Oriented License fee, and any Taylor Mill occupational license tax paid with the application; but such receipt shall not be considered, construed or interpreted as an approval of the application; and it shall not constitute any entitlement for anybody to open, begin , maintain, or continue the sexually oriented business which is the subject of the application. In the event of a denial of the application, one-half of all sexually oriented business license fees and occupational taxes paid with the application shall be refunded to the applicant. Current licensees may continue operation during the renewal review period.
(B) Each application for an Taylor Mill Sexually Oriented Business License, that is received and accepted by the City Clerk, shall be referred to the City Administrative Officer for review, to determine if any applicable law would be violated by the operation of the sexually oriented business described in the application, including without limitation the provisions of this chapter, the applicable zoning ordinance, the Kentucky Building Code, and the Kentucky Standards of Safety for Fire Prevention and Life Safety Regulations or the provision of KRS Chapter 321.
(1) In the review of an application for an Taylor Mill Sexually Oriented Business License, the City Administrative Officer may refer the application to, or consult with, any other officer or employee of the city, or any other county city, state or federal government, for review and comments.
(2) Within 21 days after the official receipt of an application for an Taylor Mill Sexually Oriented Business License, by the City Clerk, the City Administrative Officer shall notify the City Clerk, in writing, that either:
(a) The application should be approved because the operation of the sexually oriented business described in the application would not violate any applicable law;
(b) The application should be denied because the operation of the sexually oriented business described in the application would violate applicable laws, with an identification of the applicable laws that would be so violated;
(c) The 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;
(d) The applicant is under the age of 18 years;
(e) The applicant or any person residing with the applicant has been convicted of a "specified criminal activity" as defined in this chapter;
(f) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this chapter, or
(g) The applicant has had a sexually oriented business employee license revoked within two years of the date of the current application. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 118.16.
(C) Within 30 days after the official receipt by the Clerk of an application for an Taylor Mill Sexually Oriented Business License the City Clerk shall cause to be mailed to the applicant, by certified mail, return receipt requested, either:
(1) A Kenton County Sexually Oriented Business License for the sexually oriented business described in the application; or
(2) A denial of the application with:
(a) A copy of the written report from the City Administrative Officer in regard thereto; and
(b) A refund of one-half of all fees and taxes paid with the application.
(D) In the event of a denial of an application see § 118.17 hereof.
(E) A license granted pursuant to this section shall be subject to annual renewal upon the written application. The City Administrative Officer shall determine whether the applicant has 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 renew renewal of the license shall be subject to the payment of the fee as set forth in § 118.04.
(F) 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 and the classification for which the license is issued pursuant to § 118.03. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(Ord. 175 (6-27-01), passed 6-27-01)