§ 29-205. Issuance of license.

(a)

Employee license application. Upon the filing of said application for a sexually oriented business employee license, the city shall issue a temporary license to said applicant. The application shall then be referred to the appropriate city departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the city shall issue a license, unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:

(1)

The applicant has failed to provide information as required by section 29-204 for issuance of the license.

(2)

The applicant is under the age of eighteen (18) years;

(3)

The applicant has been convicted of a "specified criminal activity" as defined in this article;

(4)

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 article; or

(5)

The applicant has had a sexually oriented business employee license revoked by the city within two (2) years of the date of the current application. If the sexually oriented business employee license is denied, the temporary license previously issued shall remain valid during the pendency of any appeal. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in section 29-211.

(b)

A sexually oriented business employee license shall contain a photograph of the licensee and the employee shall keep the sexually oriented business 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.

(c)

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 29-206.

(d)

Business license application. Upon the filing of a sexually oriented business application, the city shall refer said application to the appropriate city departments for review of such information as is contained on the application. If an application is found to be incomplete, the applicant will be notified of deficiencies within twenty (20) days of initial submission. Within forty-five (45) days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant.

(1)

If a sexually oriented business application involves new construction or substantial reconstruction, any approval is preliminary and will not be finalized until the new construction or substantial reconstruction is complete and is in compliance with all applicable laws and ordinances. Preliminary approval of a sexually oriented business application which involves new construction or substantial reconstruction will be granted, if the applicant otherwise qualifies, for a period not to exceed six (6) months at which time said construction shall be completed and in compliance with all applicable laws and ordinances. If said six (6) month time period is exceeded, the application must be resubmitted, except that the city may grant an extension of up to six (6) months in three (3) month increments if evidence is submitted that uncontrollable or unforeseen circumstances not caused by the applicant have prevented completion of said new construction.

(2)

The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:

a.

An applicant is under eighteen (18) years of age.

b.

An applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.

c.

An applicant has failed to provide information as required by section 29-204 for issuance of the license.

d.

An applicant or a business entity for which the applicant had, at the time of an offense leading to a criminal conviction described herein, a management responsibility or a controlling interest has been convicted of a specified criminal activity as defined in this article. The fact that the conviction has been appealed shall have no effect.

e.

The applicant has been denied a license by the city to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

f.

The license application fee required by this article has not been paid.

g.

An applicant has falsely answered a question or a request for information on the application form.

h.

The premises to be used for the sexually oriented business have not been approved by the health department, fire department, the building official and zoning official as being in compliance with applicable laws and ordinances.

i.

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 the zoning ordinances of the city or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning district(s).

(3)

An applicant ineligible for a license due to paragraph (2)d. of this section may qualify for a sexually oriented business license only when the time period required by the applicable provision has elapsed.

(4)

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. 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.

(5)

A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the city that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in section 29-206.

(6)

The zoning official shall complete his or her certification that the proposed site of the sexually oriented business is in compliance or not in compliance with the appropriate laws and ordinances within ten (10) days of receipt of the application by the city.

(7)

The police department shall complete its investigation within thirty (30) days of receipt of the application by the city.

(8)

The health department, fire department, building official and zoning official shall complete their certification that the premises is in compliance or not in compliance within thirty (30) days of receipt of the application by the city. In the case of new construction or substantial reconstruction, the health department, fire department and building official shall complete their certification that the building plans are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the city, and upon completion of the newly constructed or reconstructed premises, that they are in compliance or not in compliance within twenty (20) days of notification of completed construction.

(9)

A sexually oriented business license shall issue for only one (1) classification as found in section 29-203.

(Ord. No. 5923, § V, 12-20-00)