§ 8-141. Applicant to appear.

The applicant, if an individual, or designated responsible managing officer, if a partnership or corporation, shall personally appear at the city and produce proof that the nonrefundable application fee has been paid and shall present the application containing the aforementioned and described information. The city shall have 45 days to investigate the application and the background of the applicant. Upon completion of the investigation, the mayor and council may grant the permit at its next regular meeting if it finds:

(1)

The required fee has been paid.

(2)

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

(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 partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving a sex-related crime or drug-related or alcohol-related felony or a crime of moral turpitude 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 or more of the above-mentioned offenses.

(6)

The applicant has not had an adult entertainment establishment permit or other similar license or permit denied or revoked for cause involving moral character in this city or any other local government jurisdiction 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, would comply with all applicable ordinances and/or laws including, but not limited to, health, zoning, distance, and fire and safety requirements and standards.

(8)

The applicant is at least 18 years of age.

(9)

The applicant, his employee, agent, partner, director, officer, or manager has not within five 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)

On the date the business for which a permit 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)

The proposed premises is not to be located within the prohibited distances as set forth in section 8-111 hereof.

(12)

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)

The licensee shall maintain at all times a written notification of the name, address, and telephone number of the manager or assistant manager in charge of the licensed premises, and there shall at all times be a manager in charge and on the premises during operating hours.

(14)

There is hereby created a continuing obligation on the licensee to comply with all provisions of this article and the ordinances of the city.

(15)

The applicant shall appear before the city council at any hearing on this issue of the grant or denial of the requested license.

(Ord. of 5-27-1997, § 12)