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(A) Within thirty (30) days after receipt of a completed sexually oriented business application, the city shall approve or deny the issuance of a permit to an applicant. The city shall approve the issuance of a permit to an applicant unless it is determined by a preponderance of the evidence that one (1) or more of the following findings is true:

(1) An applicant is under eighteen (18) years of age.

(2) 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.

(3) An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

(4) An applicant or a person with whom the applicant is residing has been denied a permit by the city to operate a sexually oriented business within the preceding twelve (12) months or whose permit to operate a sexually oriented business has been revoked within the preceding twelve (12) months.

(5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this chapter.

(6) 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.

(7) The permit fee required by this chapter has not been paid.

(8) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

(B) The permit, 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 permit is issued. All permits 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.

(C) The health department, fire department, and the building official shall complete their certifications that the premises is in compliance or not in compliance with the requirements of this chapter within twenty (20) days of receipt of the application by the city.

(D) A sexually oriented business permit shall be issued for only one (1) classification set forth in Section 19.125.030.

(E) A permit granted pursuant to this chapter 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 permit which would be grounds to deny the initial permit application. The renewal of the permit shall be subject to the payment of the fee as set forth herein. (Ord. No. 494, § 2, 7-3-01; Ord. No. 2003-08, § 3, 9-2-03; Ord. No. 2014-02, §§ 1, 2, 5-20-14; Ord. No. 2020-06, § 1, 12-1-20. 1976 Code § 8-5-5)