§ 10-314. Application; investigation.

The director of planning and development shall have forty-five (45) days to investigate the application and the background of the applicant. Upon completion of the investigation, the mayor and city council may upon two (2) readings, grant the license if it finds:

(1)

The required fee has been paid.

(2)

Application conforms in all respects to the provisions of this chapter.

(3)

The applicant has not knowingly made a material misrepresentation in the application.

(4)

The applicant has fully cooperated in the investigation of his application.

(5)

The applicant, if an individual, or any of the stockholders of the corporation, any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving conduct or convicted of an attempt to commit any of the above-mentioned offenses, or convicted in any state of any offense which, if committed or attempted in this state, would have been punishable as one (1) or more of the above-mentioned offenses, or any crime involving dishonesty, fraud, deceit, or moral turpitude.

(6)

Applicant has not had an adult entertainment establishment license or other similar license or permit denied or revoked for cause by this city or any other city located in or out of this state prior to the date of application.

(7)

The building, structure, equipment or location of such business, as proposed by applicant complies with all applicable laws, including, but not limited to, health, zoning, distance, fire and safety requirements and standards.

(8)

The applicant is a least twenty-one (21) years of age.

(9)

That the applicant, his or her employee, agent, partner, director, officer, stockholder or manager has not within five (5) years of the date of the application knowingly allowed or permitted any of the specified sexual activities as defined herein to be committed or allowed in or upon the premises where such adult entertainment establishment is to be located, or to be used as a place in which solicitations for the specified sexual activities as defined herein openly occur.

(10)

That on the date the business for which a license is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open.

(11)

That the proposed premises is not to be located too close to any church, school, library, governmental building or site, or any other business restricted hereunder.

(12)

That the grant of such license will not cause a violation of this article or any other ordinance or regulation of the city, state, or the United States.

(13)

Any other inquiry deemed necessary or desirable by the city to insure the health, safety, and welfare of the citizens of the city or the preservation of its neighborhoods.

(Ord. No. 52-95, § I, 12-21-95; Ord. No. 28-98, 8-13-98; Ord. No. 51-08, § 1, 12-4-08)