8-4-5 Issuance of license; denial; annual renewal required.
A. Upon the filing of an application for a sexually oriented business employee license, the town clerk shall issue a temporary license to said applicant. The application shall then be referred to the appropriate town departments for investigation to be made on the information contained in the application. Any inspection requirement of a particular town agency shall be waived if the respective town agency fails to complete its inspection within twenty (20) days of the date it received an inspection request. The application review process shall be completed within thirty (30) days from the date of the completed application. After the investigation, the town clerk shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
1. That the applicant has failed to provide the information required by this article for issuance of the license or has falsely answered a question or request for information on the application form;
2. The applicant is under the age of eighteen (18) years;
3. The applicant has been convicted of a specified criminal activity;
4. The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this article; or
5. The applicant has had a sexually oriented business employee license revoked by any jurisdiction within two (2) years of the date of the current application.
B. If an application for a sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void.
C. Denial, suspension, or revocation of a license issued pursuant to this section shall be subject to appeal as set forth in this article.
D. A license issued pursuant to subsection (A) of this section, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The employee shall keep the license on the employee’s person at all times while engaged in employment or performing services on the sexually oriented business premises so that said license may be available for inspection upon lawful request.
E. If application is made for a sexually oriented business license, the town clerk shall approve or deny issuance of the license within forty-five (45) days of receipt of the completed application. The failure of the town or a particular town official or agency to timely act shall result in the waiver by the town of any requirement under this article as applied to that particular town official or agency. The town clerk shall issue a license to an applicant unless it is determined that one or more of the following findings is true:
1. An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
2. An applicant is under the age of eighteen (18) years;
3. An applicant has been denied a license by the town to operate a sexually oriented business within the preceding twelve (12) months, or applicant’s license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
4. An applicant is overdue in payment to the town in taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business;
5. An applicant has been convicted of a specified criminal activity;
6. The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building department as being in compliance with applicable laws and ordinances;
7. The premises to be used for the sexually oriented business is located within 1,500 feet of any residential zone, single or multiple-family dwelling, family-oriented entertainment business, church, park or school;
8. The premises to be used for the sexually oriented business is located within 1,500 feet of either any other sexually oriented business licensed under this article or any other sexually oriented business that would be licensed under this article if it were located within the town limits;
9. The license fee required under this article has not been paid; or
10. An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this article.
F. A license issued pursuant to subsection (E) of this section, 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 section 8-4-2 classification for which the license is issued. The license shall 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.
G. A sexually oriented business license shall issue for only one classification, as set forth in section 8-4-2. Each classification operating within the same establishment and wholly owned by that establishment requires a separate license.
H. In the event that the town clerk determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within forty-five (45) days of the receipt of the completed application by the town clerk, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this article.
I. Each license issued pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the town clerk that the applicant has not been convicted of any specified criminal activity, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of receiving the completed application. The renewal of a license shall be subject to the fee as set forth in section 8-4-6. Non-renewal of a license shall be subject to appeal as set forth in this article. ((O)05-36, 10/05/2005)