§ 5. Issuance of license.

(a)

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 or more of the following findings is true:

(1)

The applicant has failed to provide information reasonable necessary for issuance of the license or has falsely answered a question or request for information on the application form;

(2)

The applicant is under the age of nineteen (19) 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 in this city or in any other jurisdiction within five (5) years of the date of the current application. 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 set forth in section 10 of this article.

(b)

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 6 of this article.

(c)

Within thirty (30) days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a license to an applicant. The city shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:

(1)

An applicant is under nineteen (19) years of age.

(2)

An applicant or a person with whom applicant is residing is overdue in payment to the city of taxes, fees, fines, utility services, or penalties assessed against or imposed upon him/her in relation to any business.

(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 applicant, or a person residing with the applicant, has had a previous license under this article or other sexually oriented business ordinance from another city or county denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is licensed under this article whose license has previously been denied, suspended or revoked, including the name and location of the sexually oriented business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

(5)

An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this article.

(6)

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

(7)

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

(8)

An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.

(d)

The license, 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 the classification for which the license is issued pursuant to section 3 of this article. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.

(e)

The health department, fire department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the city.

(f)

A single sexually oriented business license shall issue for the premises although there may be more than one classification of sexually oriented business for such premises as described pursuant to section 4(e)(6) of this article. In the event that the applicant wishes to add an additional category of sexually oriented business that is not described in the application for the premises, then a new application describing such additional classification of sexually oriented business must be submitted and a new license obtained for the premises before the additional sexually oriented business so described may be operated on the premises.

(Ord. No. 1940, § V, 6-16-05)