(1) Upon the filing of said application for a sexually oriented business employee license, the application shall be referred to the appropriate City departments for an investigation to be made on such information as is contained on the application. The application process shall be completed within thirty (30) days from the date the completed application is filed. After the investigation, the City shall issue a license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) The 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;
(b) The applicant is under the age of eighteen (18) years;
(c) The applicant has been convicted of a "specified criminal activity," as defined in this Chapter;
(d) The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule or regulation, or prohibited by a particular provision of this Code; or
(e) The applicant has had a sexually oriented business employee license revoked by the City within three (3) years of the date of the current application. However, if the revocation was based on a criminal conviction, no application will be accepted for five (5) years from the termination of all probation, formal or informal, and all other sentencing conditions. Denial, suspension, or revocation of a license issued pursuant to this Subsection shall be subject to appeal as set forth in this Chapter.
(2) A license granted pursuant to this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this Chapter or committed any act during the existence of the previous license, which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in the City's Consolidated Fee Schedule.
(3) Within thirty (30) days after receipt of a completed sexually oriented business application, the City shall approve or deny the issuance of a license to an applicant. The City shall approve the issuance of a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(a) An applicant is under eighteen (18) years of age;
(b) An applicant or a person with whom applicant is residing is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business;
(c) 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;
(d) An applicant or a person with whom the applicant is residing has been denied a license by the City to operate a sexually oriented business within the preceding twelve (12) months or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
(e) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this Chapter;
(f) The premises to be used for the sexually oriented business have not been approved by the Health Department, Fire Department, and the building official, as being in compliance with applicable laws and ordinances;
(g) The license fee required by this Title has not been paid; or
(h) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of the Layton Municipal Code, or state law.
(4) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued pursuant to Section 5.32.030. All licenses shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time.
(5) The Health Department, Fire Department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the City.
(6) A sexually oriented business license shall be issued for only one classification as found in Section 5.32.030.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-67, Enacted, 12/4/1997