9-4-16. License - Issuance conditions.

The County Clerk shall approve the issuance of a license to the applicant within 30 days after receipt of an application, unless the official finds one or more of the following:

(1) the applicant is under eighteen years of age or any higher age, if the license sought requires a higher age;

(2) the applicant is overdue in payment to the County of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business;

(3) the applicant has failed to provide information reasonably necessary for investigation and issuance of the license, or has falsely answered a material question or request for information as authorized by this chapter;

(4) the applicant has been convicted of a violation of a provision of this chapter within two years immediately preceding the application; however, the fact that a conviction is being appealed shall have no effect on the denial;

(5) the premises to be used for the business have not been approved by the County health department, the sheriff's department, the County building officials or the County zoning officials as being in compliance with applicable laws and ordinances of the County. Businesses located outside of the corporate boundaries of the County, but requiring a license under this chapter, may be denied a license pursuant to this chapter if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location;

(6) the license fees required by this chapter or by other ordinances have not been paid; (7) all applicable sales and use taxes have not been paid;

(8) an applicant has been convicted or pled nolo contender to a crime:

(a) involving prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution or display of material harmful to minors; sexual performance by minors; possession of child pornography; public lewdness; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction regardless of the exact title of the offense; for which:

(i) less than 2 years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than 5 years, if the convictions are of 2 or more misdemeanors within the 5 years; or

(ii) less than 5 years have elapsed from the date of conviction, if the offense is of a felony;

(b) the fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section. (Ord. 95-19, 9/12/95;Ord. 92-5, 9/1/92)