3-8-10: ISSUANCE OR DENIAL OF PERMIT:
A. Time Limit: The city manager or his/her designee, shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of the thirtieth day, unless the city requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the city or its designee notifies the applicant of a denial of the application and states the reason for that denial.
B. Contents Of Permit: The city manager or his/her designee, shall grant the application unless one (1) or more of the criteria set forth in subsection C of this section is present. The permit, 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 sexually oriented business. The permit shall also indicate that the sexually oriented business is subject to prohibitions against public nudity and indecency pursuant to the United States Supreme Court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.
C. Reasons For Denial: The city manager or his/her designee, shall deny the application for any of the following reasons:
1. An applicant is under eighteen (18) years of age.
2. An applicant or an applicant’s spouse is overdue on his/her payment to the city of taxes, fees, fines or penalties assessed against him/her or imposed upon him/her in relation to a sexually oriented business.
3. An applicant is residing with a person who has been denied a permit by the city to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding twelve (12) months.
4. An applicant has failed to provide information required by this section or the permit application for the issuance of the permit or has falsely answered a question or request for information on the application form.
5. The premises to be used for the sexually oriented business has not been approved as being in compliance with health, fire and building codes, and other applicable laws by the department or agency responsible under law for investigating said compliance.
6. The application or permit fees required by this chapter have not been paid.
7. An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this chapter, including, but not limited to, the zoning locational requirements for a sexually oriented business under sections 3-8-3 through 3-8-5 of this chapter.
8. The granting of the application would violate a statute, ordinance or court order.
9. The applicant has a permit under this chapter which has been suspended or revoked.
10. An applicant has been convicted of a “specified criminal act”, for which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for “specified criminal acts” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering or tax violations;
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense for “specified criminal acts,” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity or material harmful to minors, prostitution, pandering or tax violations;
c. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses occurring within any twenty-four (24) month period for “specified criminal acts,” which are sexual crimes against children, sexual abuse, rape or crimes connected with another sexually oriented business, including, but not limited to, distribution of obscenity or materials harmful to minors, prostitution, pandering or tax violations; offenses occurring within any twenty-four (24) month period.
The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
An applicant who has been convicted of the above described “specified criminal acts” may qualify for a sexually oriented business permit only when the time period required above has elapsed.
11. An applicant knowingly has in his or her employ, an employee who does not have a valid license as required in section 3-8-7 of this chapter.
D. Notification Of Denial: If the city manager or his/her designee, denies the application, he/she shall notify the applicant of the denial and state the reason for the denial.
E. Previous Denial: If a person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at that location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied. (Ord. 11-5-1999, 11-18-1999)