§ 50-30. Issuance of license.  


Latest version.
  • (a)

    Upon the filing of a completed application under subsection 50-29(c) for a sexually oriented business license, the county clerk shall, if the application on its face meets the requirements of this section, issue a temporary license to the applicant within 24 hours of the receipt of the application. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 20 days of the filing date of a completed sexually oriented business license application, the clerk shall issue a license to the applicant or issue to the applicant a letter of intent to deny the application. The clerk shall issue a license unless:

    (1)

    An applicant is less than 18 years of age.

    (2)

    An applicant has failed to provide information as required by section 50-29 for issuance of a license or has falsely answered a question or request for information on the application form.

    (3)

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

    (4)

    The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with locational requirements of this article or the locational requirements of any other part of this Code.

    (5)

    Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years, for conduct occurring when the applicant had the influential interest and had knowledge of the conduct:

    a.

    Been declared by a court of law to be a nuisance; or

    b.

    Been subject to an order of closure or padlocking.

    (6)

    An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

    (b)

    Upon the filing of a completed application under subsection 50-29(c) for a sexually oriented business employee license, the county clerk shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within 20 days of the filing date of a completed sexually oriented business employee license application, the clerk shall either issue a license or issue a written notice of intent to deny a license to the applicant. The clerk shall approve the issuance of a license unless:

    (1)

    The applicant is less than 18 years of age.

    (2)

    The applicant has failed to provide information as required by section 50-29 for issuance of a license or has falsely answered a question or request for information on the application form.

    (3)

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

    (4)

    Any sexually oriented business in which the applicant has had an influential interest, has, in the previous five years, for conduct occurring when the applicant had the influential interest and had knowledge of the conduct:

    a.

    Been declared by a court of law to be a nuisance; or

    b.

    Been subject to an order of closure or padlocking.

    (5)

    The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

    (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 the licensee(s), 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 read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.

(Ord. No. O-05-2-102, § 5, 3-28-05)