17-5-116. LICENSE – ISSUANCE CONDITIONS.
The Director shall approve the issuance of a license to the applicant within 30 days after receipt of a completed application, unless the official finds one or more of the following:
(1) The applicant is under 18 years of age;
(2) The applicant is overdue in payment to the City of taxes, fees, fines, or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business;
(3) The applicant has falsely answered a material question or request for information as authorized by this Chapter;
(4) The applicant is either currently in violation of or has previously violated a provision of this Chapter, or similar provisions found in statutes or ordinances from any other jurisdiction, or has violated a provision of this Chapter, or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the application.
a. A criminal conviction for a violation of a provision of this Chapter or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation;
(5) The premises to be used for the business have been disapproved by the Health Department, the Fire Department, the Police Department, the building officials, or the zoning officials as not being in compliance with applicable laws and ordinances of the City. If any of the foregoing reviewing agencies cannot complete their review within the 30-day approval or denial period, the agency or department may obtain from the Director an extension of time of no more than 15 days for their review. The total time for the City to approve or deny a license shall not exceed 45 days from the receipt of a completed application and payment of all fees. Businesses located outside of the corporate boundaries of the City, but requiring a license under this Chapter, may be denied a license pursuant to this Chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location;
a. Upon receipt of an application, all departments required to review the application shall determine within seven days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with a specification of the items which are incomplete;
b. The time for processing applications specified in this Section shall begin to run from the receipt of a complete application;
c. In the event that a license for seminude entertainment, seminude dancing agencies, adult businesses, or seminude entertainment businesses has not been disapproved within 30 days or the 45 days allowed after an extension, the City shall issue the license pending completion of the City’s review;
d. Any license issued pursuant to subsection 5(c) above may be revoked by the City, pursuant to the revocation procedures provided for herein, if the completed review determines that the license should have been denied;
(6) The required license fees have not been paid;
(7) All applicable sales and use taxes have not been paid;
(8) An applicant has been convicted or pled nolo contendere to a crime:
a. Involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution, or display of material harmful to minors; sexual performance by minors; possession of child pornography; lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense; for which:
i. Less than two years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years if the convictions are of two or more misdemeanors within the five years, or
ii. Less than five years have elapsed from the date of conviction, if the offense is of a felony;
b. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this Section.