Within 30 days after receipt of a completed application, the Town Manager will approve or deny the issuance of the license to an applicant for a sexually oriented business license. The Town Manager will approve the issuance of a license to an applicant unless the Town Manager finds one or more of the following to be true:
(A) An applicant is under 18 years-of-age;
(B) The license fee required by this § 111.18 of this chapter has not been paid;
(C) An applicant is overdue in payment to the town of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business;
(D) An applicant has failed to provide information required in order to determine the qualifications of the applicant under this section for issuance of the license, or has falsely answered a question or request for information on this application form;
(E) An applicant or the proposed establishment is in violation of or is not in compliance with this section or other provisions of this chapter or this code, including local zoning requirements;
(F) An applicant has been convicted of a crime involving:
(1) Any offense described in G.S. Ch. 14, Articles 7A, 26, 26A, 27, 37, or 39; or any similar offenses to those described above under the criminal or penal code of North Carolina, other states, Taylorsville, other towns, or other countries; or facilitation, attempt, conspiracy, or solicitation to commit any of the foregoing offenses for which:
(a) Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(b) Less than five 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
(c) Less than five 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(2) The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.
(3) An applicant who has been convicted of an offense listed above may qualify for a sexually oriented business license only when the time period required by this section has lapsed.
(4) The license, if granted, shall state on its face the legal name of the person or persons to whom it is granted, the classification of sexually oriented business for which it is granted, the expiration date, and the address of the sexually oriented business. 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.
(G) The applicant has failed to make application using a legal name or has failed to produce a valid North Carolina Driver’s License or a valid North Carolina Identification Card.
(Ord. passed 5-3-94)