(A) Annual licenses: Deadline of renewal applications. All licenses issued under this subdivision shall be effective for only six months during the first year and for one year thereafter commencing with the date of approval by the Issuing Authority or City Council. An application for the renewal of an existing license shall be submitted to the Issuing Authority at least 30 calendar days prior to the expiration date of the license. An applicant must pay for the costs of a criminal background check with each renewal. This fee must be paid in full before the renewal application will be considered.
(B) Verification, investigation and consideration of renewal application. Within 20 calendar days of receipt by the Issuing Authority of a fully completed renewal application, the Issuing Authority shall verify any and all of the information requested of the applicant on the renewal application, including the ordering of criminal background checks, and shall conduct any necessary investigation to assure compliance with this chapter. No later than ten calendar days after the completion of the renewal application verification and investigation by the Issuing Authority, as prescribed herein, the Issuing Authority shall issue a renewal license unless one or more of the following conditions exist:
(1) The applicant is a minor at the time the application is submitted;
(2) The applicant failed to supply all of the information requested on the renewal application;
(3) The applicant gave false, fraudulent, or untruthful information on the renewal application;
(4) The sexually oriented business was found in the immediately preceding license year to have violated the license restrictions prescribed in this chapter;
(5) The sexually oriented business does not meet the zoning requirements prescribed in this chapter;
(6) The premises to be licensed as a sexually oriented business is currently licensed by the city as a tanning facility, tattoo establishment, pawnshop, therapeutic massage enterprise, or an establishment licensed to sell alcoholic beverages;
(7) The applicant has had a conviction of any crime listed in this division; or
(8) The applicant has had a sexually oriented license revoked within the 12 months immediately preceding the date the application was submitted;
(C) Notice of denial. If the Issuing Authority denies a renewal application, the Issuing Authority shall notify the applicant in accordance with this chapter and the notice, shall, in addition, state the grounds of the denial.
(D) Appeal to City Council or Court of Law. After the denial of a renewal application by the Issuing Authority, the applicant may appeal the determination of the City Council for reconsideration or by immediately challenging the determination in a court of law. If the city denies renewal of a license under this division, the applicant shall not be issued a license under this subdivision for one year from the date of the denial. If subsequent to the denial, the City Council finds that the basis for the denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the denial became final.
(Ord. 2002-08, passed 8-13-02)