(A) (1) Upon the filing of an application for a sexually oriented business employee license, the Building Commissioner shall issue a temporary license to the 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 30 days from the date of the completed application. After the investigation, the Building Commissioner shall issue an employee license, unless it is determined by a preponderance of the evidence that 1 or more of the following findings is true:
(a) 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;
(b) The applicant is under the age of 18 years;
(c) The applicant has been convicted of a specified criminal activity as defined in § 156.02;
(d) 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
(e) The applicant has had a sexually oriented business employee license revoked by the city within 2 years of the date of the current application.
(2) 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 subsection shall be subject to appeal as 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. The employee shall keep the license on his or her person at all times while engaged in employment or performing services on the sexually oriented business premises so that the license may be available for 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 Building Commissioner 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 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in herein. Non-renewal of a license shall be subject to appeal as set forth in division (I) of this section.
(D) If application is made for a sexually oriented business license, the Building Commissioner shall approve or deny issuance of the license within 45 days of receipt of the completed application. The Building Commissioner shall issue a license to an applicant unless it is determined by a preponderance of the evidence that 1 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 18 years;
(3) An applicant or a person with whom the applicant is residing has been denied a license by the city 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;
(4) An applicant or a person with whom the applicant is residing is overdue in payment to the city in taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to any business;
(5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity as defined in § 156.02;
(6) The license fee required under this chapter has not been paid;
(7) An applicant of the proposed establishment is in violation of or is not in compliance with 1or 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 § 156.20 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) The Health Department, Fire Department, Building Department and Zoning Department shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the Building Commissioner. The certification shall be promptly presented to the Building Commissioner.
(G) A sexually oriented business license shall issue for only 1 classification, as set forth in § 156.02.
(H) In the event that the Building Commissioner determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of the completed application by the Building Commissioner, provided that the applicant may request, in writing at any time before the notice is issued, that the period be extended for an additional period of not more than 10 days in order to make modifications necessary to comply with this chapter.
(I) An applicant may appeal the decision of the Building Commissioner regarding a denial to the Washington Common Council by filing a written notice of appeal with the city attorney within 15 days after service of notice upon the applicant of the Building Commissioner's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for the appeal and all arguments in support thereof. The Building Commissioner may, within 15 days of service upon him or her of the applicant’s memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the Washington Common Council. After reviewing the memoranda, as well as the Building Commissioner's written decision, if any, and exhibits submitted to the Building Commissioner, the Washington Common Council shall vote either to uphold or overrule the Building Commissioner's decision. The vote shall be taken within 21 calendar days after the date on which the city attorney receives the notice of appeal. However, all parties shall be required to comply with the Building Commissioner's decision during the pendency of the appeal. Judicial review of a denial by the Building Commissioner and Washington Common Council may be made pursuant to § 156.22 of this chapter.
(J) A license issued pursuant to division (D) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Building Commissioner 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 45 days of the completed application. The renewal of a license shall be subject to the fee as set forth in § 156.18.
(Prior Code, § 157.06) (Ord. 32-98, passed 1-11-1999)