§ 18A-26. Issuance of license.

(a)

Upon the filing of a completed application for a sexually oriented business license, the enforcement officer shall direct that the application be reviewed by the planning, health, building and fire departments within thirty (30) days of date of its filing. Within sixty (60) days after the receipt of a completed application, the enforcement officer shall approve and issue a license to the applicant, unless one (1) or more of the following reasons for denial is found to be true, in which event the Officer shall deny the application.

(1)

An applicant is less than eighteen (18) years of age.

(2)

An applicant, or his spouse, is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant, or his spouse, in relation to a sexually oriented business.

(3)

An applicant who has failed to provide information required on a license application for the issuance of a license or reasonably necessary for issuance of the license or who has falsely answered a question or request for information on the application form.

(4)

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 land development code, or is not in compliance with the location restrictions established for sexually oriented businesses in the appropriate zoning districts.

(5)

An applicant or an applicant's spouse has been convicted of a violation of a provision of this ordinance, other than the offense of operating a sexually oriented business without a license, within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect.

(6)

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

(7)

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

(8)

An applicant or the proposed establishment is in violation of, or is not in compliance with one (1) or more of the provisions of this chapter.

(9)

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 the purpose of this subsection, "conviction"

i.

Means a conviction or guilty plea; and

ii.

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.

(10)

An applicant whose place of business is conducted by an agent, unless such agent possesses the same qualifications required of the licensee.

(11)

A partnership, unless all the members thereof are qualified to obtain a license as provided herein. Such license shall be issued to the agent of said partnership.

(12)

A corporation, unless all the officers and directors thereof are qualified to obtain a license as provided herein. Such license shall be issued to the agent of said corporation.

(b)

An applicant that is ineligible for a license due to the application of subsection (a)(9) of this section may qualify for a sexually oriented business license only when the applicable time period specified in subsection 18A-2(w)(2) 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 the address of the sexually oriented business. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it maybe easily read by a visitor to the premises at any time.

(Ord. No. 2002-O-212, § 1, 9-3-02)