§ 75-05  Issuance of License.
      (A)   Upon the filing of a completed application for a sexually oriented business license or a sexually oriented business employee license, the Enforcement Officer shall issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the Enforcement Officer to deny or grant the license.  Within 20 days after the receipt of a completed application, the Enforcement Officer shall either issue a license, or issue a written notice of intent to deny a license, to the applicant.  The Enforcement Officer shall approve the issuance of a license unless one or more of the following is found to be true:
      (1)   An applicant is less than 18 years of age.
      (2)   An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant in relation to a sexually oriented business.
      (3)   An applicant has failed to provide information as required by § 75-04 for issuance of the license.
      (4)   An applicant has been convicted of a specified criminal activity.  The fact that a conviction is being appealed shall have no effect under this subsection.  For purposes of this subsection, CONVICTION:
         (a)   Means a conviction or a guilty plea; and
         (b)   Includes a conviction of any business entity for which the applicant had, at the time of the offense leading to the conviction for a specified criminal activity, a management responsibility or a controlling interest.
      (5)   The license application fee required by this chapter has not been paid.
      (6)   An applicant has falsely answered a question or request for information on the application form.
      (7)   The proposed sexually oriented business is located in a zoning district other than a district in which sexually oriented businesses are allowed to operate under Chapter 154 of this code, or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning district(s).
      (8)   An applicant or the proposed establishment is in violation of or is not in compliance with §§ 75-25 through 75-29.
   (B)   An applicant who is ineligible for a license due to subsection (A)(4) above may qualify for a sexually oriented business license only when the time period required by the applicable subsection of SPECIFIED CRIMINAL ACTIVITY , as defined in § 75-02, has elapsed.
   (C)   The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to that applicant, the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business.  A sexually oriented business employee license shall contain a photograph of the licensee.  The sexually oriented business 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.  A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing, and shall produce such license for inspection upon request by a law enforcement officer or other authorized city official.
('80 Code, § 16-45)  (Ord. 2514, passed 2-20-91; Ord. O2003-05, passed 2-19-03)