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(A) License required. All establishments, including any business operating at the time this chapter becomes effective, operating or intending to operate an adult oriented business, shall apply for and obtain a license with the city. A person is in violation of the city code if he or she operates an adult oriented business without a valid license, issued by the city.
(B) Applications. An application for a license must be made on a form provided by the city.
(1) The application must be accompanied by a sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared but must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
(2) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with the appropriate state, county, and local laws and codes by the Fire Marshal and Building Official.
(3) Application for license shall contain the address and legal description of the property to be used; the names, address, phone numbers, date of birth, of the owner, lessee, if any, the operator or manager, and all employees; the name, address, and phone number of two persons, who shall be residents of the state, and who may be called upon to attest to the applicant's, manager's, or operator's character; whether the applicant, manager, or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, complete and accurate information as to the time, place, nature of such crime or offense including the disposition thereof; the names and addresses of all creditors of the applicant, owner, lessee, or manager insofar as regarding credit which has been extended for the purposes of constructing, equipping, maintaining, operating, or furnishing or acquiring the premises, personal effects, equipment, or anything incident to the establishment, maintenance and operation of the business.
(4) If the application is made on behalf of a corporation, joint business venture, partnership, or any legally constituted business association, it shall submit along with its application, accurate and complete business records showing the names, addresses, and dates of birth of all individuals having an interest in the business, including partners, officers, owners, and creditors furnishing credit for the establishment, acquisition, maintenance, and furnishings of said business and, in the case of a corporation, the names, addresses, and dates of birth of all officers, general managers, members of the board of directors as well as any creditors who have extended credit for the acquisition, maintenance, operation, or furnishing of the establishment including the purchase or acquisition of any items of personal property for use in said operation.
(5) All applicants shall furnish to the city, along with their applications, complete and accurate documentation establishing the interest of the applicant and any other person having an interest in the premises upon which the building is proposed to be located or the furnishings thereof, personal property thereof, or the operation or maintenance thereof. Documentation shall be in the form of a lease, deed, contract for deed, mortgage deed, mortgage credit arrangement, loan agreements, security agreements, and any other documents establishing the interest of the applicant or any other person in the operation, acquisition, or maintenance of the enterprise.
(C) Issuance or renewal of license. The City Administrator shall issue or renew a license to an applicant within 30 days after receipt of an application unless the Administrator denies the application, having found one or more of the following to be true:
(1) An applicant is under 18 years of age.
(2) An applicant is overdue in his payment to the city, county, or state of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to an adult oriented business, or if the state prohibits the issuance of such a license because of taxes, fees, fines, or penalties assessed against him or her.
(3) 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.
(4) The premises to be used for the adult oriented business have not been approved by the Fire Marshal and the Building Official as being in compliance with applicable laws and ordinances; such inspections shall be completed within 30 days from the date the application was submitted, provided that the application contains all of the information required by this chapter. If the application is deficient, the inspections shall be completed within 30 days from the date the deficiency has been corrected.
(5) The license fee required by this chapter has not been paid.
(D) Notice of decision on application. The City Administrator shall send notice of a decision on the application within the 30-day review period to the applicant by mail postage prepaid at the address on the application. The notice shall state whether the City Administrator finds the application acceptable and a license is to be issued or renewed, or whether the application is denied and the reasons for the denial.
(E) Posting. The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult oriented business so that it may be easily read at any time.
(F) Council action. If an application is denied by the City Administrator, the applicant may appeal to the City Council by filing a written notice of appeal within ten days after the notice of decision. Any such appeal must be acted on by the Council within 30 days after the notice of appeal is received by the city. If the Council denies the appeal, the application is denied. Reapplication may be pursued according to the provisions of this chapter. If Council determines to grant the appeal, the Council shall instruct the City Administrator to issue the license.
(G) Correction of deficiency. If the application is denied by the City Administrator, the applicant may correct any deficiency and the Administrator shall act on the corrected application within 30 days from the date the deficiency has been corrected. If the determination of deficiency has been appealed to the City Council the Council shall act on the corrected application within 30 days from the date that the city receives the appeal.
(H) Appeals. If the City Council denies the appeal, the applicant may commence an action in state or federal court within 15 days after notification by the city of the denial for the purpose of determining whether the city acted properly. The applicant may not commence doing business unless the action is concluded in his favor.
(I) Notification. Any notification required to be sent by the city is deemed completed when mailed by first class mail to the applicant or licensee at the address listed in the application.
(J) Fees. Fees shall be set by City Council resolution.
(Ord. 828, passed 2-10-97; Am. Ord. 1074, passed 10-28-13)