A. Upon the filing of an application for a sexually oriented business employee license, the chief of police shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within thirty (30) days from the date of the completed application. After the investigation, the chief of police shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
1. The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
2. The applicant is under the age of eighteen (18) years;
3. The applicant has been convicted of a "specified criminal activity" as defined in section 4-4-2 of this chapter;
4. 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
5. The applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application.
If the sexually oriented business employee license is denied, the temporary license previously issued is immediately rendered null and void. Denial, suspension or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in subsection I of this section.
B. A license issued pursuant to subsection A of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually oriented business. While engaged in employment or performing services on the sexually oriented business premises, an employee shall, at all times, possess the license in such manner as to be available for immediate inspection upon lawful request.
C. A license issued pursuant to subsection A of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the chief of police that the applicant has not 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 decision whether to renew a license shall be made within thirty (30) days of the completion application. The renewal of a license shall be subject to the fee as set forth in section 4-4-6 of this chapter. Nonrenewal of a license shall be subject to appeal as set forth in subsection I of this section.
D. If application is made for a sexually oriented business operator's license, the chief of police shall approve or deny issuance of the license within thirty (30) days of receipt of the completed application. The chief of police shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
1. An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
2. An applicant is under the age of eighteen (18) years;
3. An applicant has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months, or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
4. An applicant is overdue in payment to the city for taxes, fees, fines or penalties assessed against or imposed upon him/her in relation to the sexually oriented business for which license is sought, or the property on which the sexually oriented business is located or will be located;
5. An applicant has been convicted of a "specified criminal activity" as defined in section 4-4-2 of this chapter;
6. The premises to be used for the sexually oriented business have not been approved by the police department and zoning commission as being in compliance with applicable laws and ordinances, if such approval is required under other sections of this chapter;
7. The license fee required under this chapter has not been paid;
8. An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this chapter.
E. A license issued pursuant to subsection D of this section, 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 in section 4-4-3 of this chapter for which the license is issued. The license 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.
F. If so required under other sections of this chapter, the chief of police shall complete his certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the chief of police. The certification shall be promptly presented to the chief of police. Failure of an appropriate department to timely certify its inspection shall not be grounds for refusing to issue a license within the mandatory time period prescribed in subsection D of this section.
G. A sexually oriented business license shall issue for only one classification, as set forth in section 4-4-3 of this chapter.
H. In the event that the chief of police determines that an applicant is not eligible for a sexually oriented operator's license, the applicant shall be given notice in writing of the reasons for the denial within thirty (30) days of the receipt of the completed application by the chief of police, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this chapter.
I. An applicant may appeal the decision of the chief of police regarding a denial to the city council by filing a written notice of appeal with the city clerk/treasurer within ten (10) days after service of notice upon the applicant of the chief of police's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The chief of police may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a responsive memorandum to the city council. After reviewing such memoranda, as well as the chief of police's written decision, if any, and exhibits submitted to the chief of police, the city council shall vote either to uphold or overrule the chief of police's decision. Such vote shall be taken within twenty one (21) calendar days after the date on which the city clerk/treasurer receives the notice of appeal. The status quo immediately prior to denial of the license shall be maintained during the pendency of the appeal. Judicial review of a denial by the chief of police and city council may be made pursuant to section 4-4-11 of this chapter. The status quo shall continue to be maintained during the pendency of judicial review.
J. A license issued pursuant to subsection D of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the chief of police that the applicant has not 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 decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in section 4-4-6 of this chapter. (Ord. 275-A-03-04, 12-9-2003)