(A) Upon the filing of an application for a sexually oriented business employee license, the Building Inspector shall issue a temporary license to the applicant. The application shall then be referred to the appropriate city departments for investigation to be made on the information contained in the application. The application process shall be completed within 30 days from the date of the completed application. After the investigation, the Building Inspector shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true.
(1) The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2) The applicant is under the age of 18 years;
(3) The applicant has been convicted of a "specified criminal activity";
(4) 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 chapter; or
(5) The applicant has had a sexually oriented business employee license revoked by the City within two years of the date of the current application.
If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as forth in subsection (1) of this Section.
(B) A license issued pursuant to division (A) of this section, 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 sexually oriented business. The employee shall keep the license on his or her person at all times while engaged in employment or performing services on the sexually oriented business premises so that said license may be available for inspection upon lawful request.
(C) A license issued pursuant to division (A) of this Section shall be subject to annual renewal upon the written application of the applicant and a finding by the Building Inspector 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 decision whether to renew a license shall be made within 30 days of the completed application. The renewal of a license shall be subject to the fee as set forth in §
118.05. Nonrenewal of a license shall be subject to appeal as set forth in division (I) of this section.
(D) If application is made for a sexually oriented business license, the Building Inspector shall approve or deny issuance of the license within 45 days of receipt of the completed application. The Building Inspector shall issue a license to an applicant unless it is determined by a preponderance of the evidence, at one or more of the findings is true.
(E) A license issued pursuant to division (D) of this Section, 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 §
118.02 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(F) The health department, fire department, building department and zoning department shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the completed application by the Building Inspector. The certification shall be promptly presented to the Building Inspector.
(G) A sexually oriented business license shall issue for only one classification, as set forth in §
118.02.
(H) In the event that the Building Inspector determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within 45 days of the receipt of the completed application by the Building Inspector, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten days in order to make modifications necessary to comply with this chapter.
(I) An applicant may appeal the decision of the Building Inspector regarding a denial to the Common Council of the City of Vincennes by filing a written notice of appeal with the city attorney within 15 days after service of notice upon the applicant of the Building Inspector's decision. The notice of appeal shall be accompanied by a memorandum or other, writing setting out fully the grounds for such appeal and all arguments in support thereof the Building Inspector may, within 15 days of service upon him of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the Common Council of the City of Vincennes. After reviewing such memoranda, as well as the Building Inspector's written decision, if any, and exhibits submitted to the Building Inspector, the Common Council of the City of Vincennes shall vote either to uphold or overrule the Building Inspector's decision. Such vote all be taken within 21 calendar days after the date on which the city attorney receives the notice of appeal. However, all parties shall be required to comply with the Building Inspector's decision during the pendency of the appeal. Judicial review of a denial by the Building Inspector and the Common Council of the City of Vincennes may be made pursuant to §
118.10 of this chapter.
(J) A license issued pursuant to division (D) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Building Inspector 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 decision whether to renew a license shall be made within 45 days of the completed application. The renewal of a license shall be subject to the fee as set forth in §
118.05.
(Ord. 14-99, passed 5-24-99)
