(A) (1) Upon the filing of said application for a sexually-oriented business license, said application shall be referred to the appropriate city departments for an investigation to be made on such information as is contained in the application. The application process shall be completed within 60 days from the date the completed application is filed. If the application is deficient, the Council shall act on the application within 120 days from the date that the deficiency has been corrected;
(2) After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) An applicant is not 18 years of age or older on the date the application is submitted to the city;
(b) An applicant or a person with whom the applicant is residing is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business;
(c) 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;
(d) An applicant, or a person with whom the applicant is residing, has been denied a license by the city or any other jurisdiction to operate a sexually-oriented business within the preceding 12 months or whose license to operate sexually-oriented business has been revoked within the preceding 12 months; or
(e) An applicant, or a person with whom the applicant is residing, has been convicted of a specified criminal activity as defined herein, for which:
1. 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;
2. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is a gross misdemeanor or felony offense;
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the first conviction, whichever is the later date, if the conviction is of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period;
4. The fact that a conviction of applicant or a person with whom the applicant is residing, is being appealed shall have no effect on disqualification of the applicant. The license fee required by this chapter has not been paid; and
5. An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(B) 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 this chapter. All licenses shall be posted in a conspicuous, unobstructed place, at or near the entrance to the sexually-oriented business so that they may be easily read at any time.
(2006 Code, § 6.33) (Ord. 148, 3rd Series, passed 10-24-2003)