§ 5-8.206. Investigation and action on application for sexually oriented business performer permit.

(a)

Within two (2) days after receipt of the application for a sexually oriented business performer permit, the Chief of Police shall grant or deny the application and so notify the applicant as follows:

(1)

The Chief of Police shall write or stamp "Granted" or "Denied" on the application and date and sign such notation.

(2)

If the application is denied, the Chief of Police shall attach to the application a statement of the reasons for denial.

(3)

If the application is granted, the Chief of Police shall attach to the application a sexually oriented business performer permit.

(4)

The application as granted or denied and the permit, if any, shall be placed in the United States mail, first-class postage prepaid, addressed to the applicant at the residence address stated in the application.

(b)

The Chief of Police shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (d) of this section.

(c)

If the Chief of Police grants the application, or if the Chief of Police neither grants or denies the application within two (2) days after it is stamped as received, the applicant may begin performing in the capacity for which the permit was sought subject to the performance standards in Section 508.301(k).

(d)

The Chief of Police shall deny the application for any of the following reasons:

(1)

The application for a permit is incomplete;

(2)

The applicant has knowingly made any false, misleading, or fraudulent statement of a material fact in the application for a permit or in any report or document required to be filed with the application. A material fact is one which if disclosed could have resulted in the denial of the permit;

(3)

The applicant is under twenty-one (21) years of age;

(4)

The sexually oriented business performer permit is to be used for performing in a business prohibited by State or City law;

(5)

The applicant has been convicted of any of the offenses enumerated in Section 5-8.205(d)(5) herein. A permit shall, nevertheless, be issued to any person convicted of the described crimes if the conviction occurred more than five years prior to the date of the application.

(e)

A sexually oriented business performer permit, once issued may be immediately revoked if it is determined that the application contains false or misleading statements as to age or conviction offenses enumerated in this chapter.

(f)

The annual fee for a sexually oriented business performance permit is One Hundred and no/100ths ($100.00) Dollars unless otherwise amended by City Council resolution.

(g)

Each sexually oriented business performer permit shall expire one year from the date of issuance and may be renewed only by filing with the Chief of Police a written request for renewal, accompanied by the application fee, a copy of the permit to be renewed, and any change in information provided in the original application. The request for renewal shall be made at least fifteen (15) days prior to the expiration date of the permit. If the request for renewal is made no less than fifteen (15) days before the expiration date of the permit, the expiration of the permit will be stayed. When made less than fifteen (15) days prior to the expiration date, the expiration of the permit will not be stayed. Applications for renewal shall be acted upon as provided herein for applications for permits.

(§ 2, Ord. 932, eff. July 30, 1998)