§ 18.288. Issuance.

(a)

Subject to the restrictions set forth in subsection (d) of this section, the chief of police shall issue a license required under this division to the applicant within 60 days after receipt of an application, unless he finds one or more of the following to be true:

(1)

An applicant is under 18 years of age.

(2)

An applicant or an applicant's spouse is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or applicant's spouse or imposed upon the applicant or applicant's spouse in relation to an adult oriented 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)

An applicant or an applicant's spouse has been convicted of a violation of a section of this article, other than the offense of operating an adult oriented business without a license, within two years immediately preceding the application. The fact that a conviction is being appealed has no effect.

(5)

The chief of police has received an inspection report for the premises to be used for the adult oriented business from the city's health department, fire department, or building official indicating that the premises are not in compliance with applicable laws and ordinances.

(6)

The license fee has not been paid.

(7)

An applicant or the proposed establishment is in violation of or is not in compliance with section 18.246, 18.247, 18.255 or 18.289.

(8)

An applicant has been convicted of a crime:

a.

Involving:

1.

Any of the following offenses:

i.

Prostitution;

ii.

Promotion of prostitution;

iii.

Aggravated promotion of prostitution;

iv.

Compelling prostitution;

v.

Obscenity;

vi.

Sale, distribution or display of harmful material to minor;

vii.

Public lewdness;

viii.

Indecent exposure;

ix.

Indecency with a child;

2.

Sexual assault or aggravated sexual assault;

3.

Incest, solicitation of a child or harboring a runaway child; or

4.

Criminal attempt, conspiracy or solicitation to commit any of the offenses described in subsection (8)a of this section;

b.

For which:

1.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is a misdemeanor offense;

2.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

(b)

The fact a conviction is being appealed has no effect on the disqualification of the applicant or applicant's spouse.

(c)

The license, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the adult oriented business. The license shall be posted in a conspicuous place at or near the entrance to the adult oriented business so that it may be easily read by a visitor to the premises at any time.

(Ord. No. 2010-27, § 2, 5-18-10)