§ 1-10-126. Contents of license; display; term; renewals; expiration; cancellation.

(a)

Contents. A sexually oriented business license shall state on its face:

(1)

The name of the licensee;

(2)

The legal mailing address of the licensee;

(3)

The name of the sexually oriented business;

(4)

The legal street address of the sexually oriented business;

(5)

The classifications of the license;

(6)

The date of issuance; and

(7)

The date of expiration.

(b)

Posting. Each sexually oriented business shall keep the sexually oriented business license posted in a conspicuous place at the sexually oriented business at all times, which license shall be available for inspection upon request by the public and by county officials.

(c)

Term. All licenses issued under this article shall be annual licenses which shall commence running from October 1, on which date they shall have been paid for, and shall expire on September 30, unless earlier canceled as provided herein, of the following year. If a license is issued after October 1, but prior to March 31 of the following year, the applicant shall pay the prorated license fee. If a license is issued after March 31, but prior to October 1 of the same year, the applicant shall pay one-half of the license fee.

(d)

Renewals.

(1)

Sexually oriented business licenses shall be renewed annually. Subject to the requirements of this article, a licensee under this article shall be entitled to a renewal of his annual license from year to year, as a matter of course, prior to expiration of the license by presenting the license for the previous year, paying the appropriate license fee and completing a renewal application on a form provided by the community development department.

(2)

An application for renewal of a sexually oriented business license may be denied if updated information provided in the renewal application indicates that one or more of the individuals required to be listed pursuant to subsection 1-10-122(b)(1) of this article were not listed in the original application and their existence in the original application would have resulted in a denial of the application pursuant to subsections 1-10-124(c)(1)b and d of this article. Removal of that individual from the application for renewal will allow approval of the application for renewal.

(3)

An application for renewal of a sexually oriented business license may not be denied where the individuals required to be listed pursuant to subsection 1-10-122(b)(1) of this article were listed in the original application and, subsequent to issuance of the license, were convicted of an offense which would have resulted in a denial of the application pursuant to subsections 1-10-124(c)(1)b and d of this article. Such convictions are to be accommodated through the suspension and revocation procedures of sections 1-10-131 and 1-10-132 of this article.

(e)

Expiration. A license that is not renewed under this article shall expire on September 30. An expired license may be renewed no later than December 31 of the same year upon presentation of an affidavit stating that no sexually oriented business activity has taken place at the location subsequent to expiration, upon payment of the appropriate license fee, upon completion of the renewal application, and upon payment of a penalty calculated as follows:

(1)

If renewed in October, ten (10) percent of the appropriate license fee;

(2)

If renewed in November, fifteen (15) percent of the appropriate license fee; or

(3)

If renewed in December, twenty (20) percent of the appropriate license fee.

Without presentation of the affidavit, the sexually oriented business seeking to renew the license must apply for a new license.

(f)

Cancellation. All expired sexually oriented business licenses not renewed by December 31 of the same year shall be canceled summarily by the community development department.

(Ord. No. 99-036, § 1, 9-20-99)