Chapter 125 – Sexually Oriented Businesses

residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months. E. The premises to be used for the sexually oriented business has not been approved by the Health Department, Fire Department, Building Official, and Zoning Official as being in compliance with applicable laws and ordinances. F. The permit fee required by this chapter has not been paid. G. An application of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter. 2. The permit, 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 permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business that it may be easily read at any time. 3. The Health Department, Fire Department, Building Official, and Zoning Official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the Director. The certification shall be promptly presented to the Director. 4. In the event that the Director determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within forty-five (45) days after the receipt of the application by the Director, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) days at any time before the notice is issued in order to make modifications necessary to comply with this chapter. 5. An applicant may appeal the decision of the Director regarding a denial to the Council by filing a written notice of appeal with the Clerk within fifteen (15) days after the applicant is given notice of the Director’s decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Director may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Council. After reviewing such memoranda, as well as the Director’s written decision, if any, and exhibits submitted to the Director, the Council shall vote either to uphold or overrule the Director’s decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the Clerk receives the notice of appeal. However, all parties shall be required to comply with the Director’s decision during the pendency of the appeal. 125.06 FEES. The annual fee for a sexually oriented business permit is one thousand dollars ($1,000.00). This fee is to be used to pay for the cost of the administration and enforcement of this chapter and may be revised by resolution of the Council. 125.07 INSPECTION. An applicant or permittee shall permit representatives of the Police Department or other City or State department or agencies to inspect the premises of a sexually oriented business for the purpose of insuring compliance with the law, at any time it is occupied or open for business. 125.08 EXPIRATION OF PERMIT. 1. Each permit shall expire one year after the date of issuance and may be renewed only by making application as provided herein. Application for renewal should be made at least thirty (30) days before the expiration date and when made less than 30 days before the expiration date, the expiration of the permit will not be affected.