(A) The Chief of Police shall recommend to the City Clerk approval of the issuance of a license to an applicant within 20 days after receipt by the City Clerk of an application unless he or she finds one or more of the following to be true:
(1) An applicant is not then 21 or more years of age.
(2) An applicant is currently required to register pursuant to the Nebraska Sex Offender Registration Act.
(3) An applicant or an applicant's spouse is overdue in his or her payment to the city or county of fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business.
(4) An applicant has failed to provide information reasonably necessary for issuance of the license including all information requested on the application form or has falsely answered a question or request for information on the application form.
(5) The premises to be used for the sexually oriented business is not in compliance with state or local building codes, rules and regulations.
(6) The investigation, inspection and license fees required by this chapter have not been paid.
(7) An applicant has been convicted of a crime:
1. Any of the following offenses as described in Nebraska State Statues:
c. Keeping a place of prostitution;
f. Contributing to the delinquency of a child;
h. Possession, distribution or sale of child pornography;
2. Any of the following offenses as described in Nebraska State Statues:
c. Allowing a child to participate in child pornography;
3. Sexual assault or sexual assault of a child as described in Nebraska State Statutes;
4. Solicitation of a child, or harboring a runaway child as described in Nebraska State Statutes; or
5. Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses;
1. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, or the date of release from probation or parole, whichever is the later date, if the conviction is a misdemeanor offense;
2. Less than ten years have elapsed since the date of conviction or the date of release from confinement for the conviction, or the date of release from probation or parole, whichever is the later date, if the conviction is a felony offense; or
3. Less than ten years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, or the date of release from probation or parole, whichever is the later date, if the convictions are of two or more misdemeanors of the offenses listed in division (A) (7)(a) above.
(B) The fact that a conviction is being appealed has no effect on the disqualification of the applicant under division (A) of this section.
(C) An applicant who has been convicted of an offense listed in division (A)(7)(a) above may qualify for a sexually oriented business license only when the time period required by division (A)(7)(b) has elapsed and all fines reference the criminal offenses have been fully paid.
(D) The City Clerk shall approve or deny the issuance of a license to an applicant within 45 days after receipt of an application. The City Clerk, upon approving the issuance of a sexually oriented business license, shall cause to be sent to the applicant, by certified mail, return receipt requested, written notice of that action and that the applicant must pay the investigation/inspection and license fees at the Office of the City Clerk. The City Clerk's approval of the issuance of a license does not authorize the applicant to operate a sexually oriented business until the applicant has paid all fees required by this chapter and has obtained possession of the license. The City Clerk, upon denial of the issuance of sexually oriented business license, shall cause to be sent to the applicant, by certified mail, return receipt requested, written notice of that action and the applicant can appeal such decision to the City Council, in writing filed with the City Clerk, within 30 days of the date of denial. City Council will hear the appeal within 30 days from the date the written appeal is received. After hearing, Council will affirm or reverse the decision of the City Clerk within 30 days after conclusion of the hearing. The hearing will be informal and rules of evidence do not apply. The applicant has the right to be represented. In case of reversal, the license shall issue.
(E) The license, if granted, must 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. The license must 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) A sexually oriented business license shall issue for only one classification and the applicant can operate a business for only one licensed location in the city.
(G) The Police Department, Fire Department, and the City Building Inspector shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the City Clerk. The certifications of the Building Inspector and Fire Department shall be promptly presented to the Chief of Police.
(Ord. 879, passed 12-18-2012)
