(A) Upon the filing of a completed application for a sexually oriented business employee license, the village shall immediately issue a temporary license to the applicant if the applicant seeks to work in a licensed sexually oriented business and the completed application, on its face, indicates that the applicant is entitled to an annual sexually oriented business employee license. The application shall then be immediately referred to the appropriate village departments for an investigation to be made on such information as is contained in the application. The application process shall be completed within 30 days from the date the completed application is filed, and the village shall issue a license, unless:
(1) The applicant has failed to provide information required under the terms of this chapter 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 18 years;
(3) The applicant has been convicted of a “specified criminal activity” as defined in 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 village within two years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in § 110.22.
(B) A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the village 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 renewal of the license shall be subject to the payment of the fee as set forth in § 110.17.
(C) Within 30 days after receipt of a completed sexually oriented business license application, the village shall approve or deny the issuance of a license to an applicant. The village shall approve the issuance of a license to an applicant unless:
(1) An applicant is under 18 years of age;
(2) An applicant is overdue in payment to the village of taxes, fees, fines or penalties assessed against or imposed upon him or her in relation to any sexually oriented business;
(3) An applicant has failed to provide information required under the terms of this chapter for issuance of the license or has falsely answered a question or request for information on the application form;
(4) An applicant has been denied a license by the village to operate a sexually oriented business within the preceding 12 months or whose license to operate a sexually oriented business has been revoked within the preceding 12 months;
(5) An applicant has been convicted of a specified criminal activity defined in this chapter;
(6) The premises to be used for the sexually oriented business have been disapproved by the Health Department, Fire Department or the Building Official as being out of compliance with applicable health, fire or building laws and ordinances;
(7) The license fee required by this chapter has not been paid; or
(8) The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with locational requirements of this chapter or the locational requirements of any other part of the village’s ordinances.
(D) The license, if granted, shall state on its face the kind of license, the name of the person or persons to whom it is granted and the expiration date. Sexually oriented business licenses shall further state the address of the sexually oriented business and the classification for which the license is issued pursuant to § 110.03. Sexually oriented business licenses 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. Sexually oriented business employee licenses shall be kept on the licensee’s person or on the premises of the sexually oriented business where the licensee is working.
(E) The Health Department, Fire Department and the Building Official shall complete their certification that the premises is in compliance or not in compliance within 25 days of receipt of the application by the village.
(Ord. 185, passed 11-11-2009)