Section 5.72.160 License

A. The City business license official shall approve the issuance of a sexually oriented business license or a sexually oriented business employees license to an applicant within 30 days after receipt of a completed application, unless the official finds one or more of the following:

1. The applicant is under 18 years of age or any higher age, if the license sought requires a higher age;

2. The applicant is overdue in payment to the City of taxes, fees, fines, or penalties;

3. The applicant has falsely answered a material question or request for information as authorized by this Chapter;

4. The applicant has been convicted of a violation of a provision of this Chapter within two years immediately preceding the application; however, the fact that a conviction is being appealed shall have no effect on the denial;

5. The applicant has been convicted of a specified criminal offense as defined in Section 5.72.050 of this Chapter. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this section;

6. The premises to be used for the business have not been finally approved by the as being in compliance with all applicable laws and ordinances of the City and the laws of the State of Utah;

7. The license fees required by this Chapter or by other ordinances have not been paid;

8. All applicable sales and use taxes have not been paid;

9. An applicant for the proposed business is in violation of or not in compliance with this Chapter; and,

10. Businesses located outside the corporate boundaries of the City, but requiring a license under this ordinance, may be denied a license pursuant to this ordinance if the business does not have a valid business license to conduct business at the business location within the appropriate jurisdiction.

B. An application is not complete until all items required by this Chapter have been completed and returned to the business licensing office and each department as specified in this section has determined that the application is complete. A copy of each license application submitted to the business licensing department will be distributed by that department to the police department, planning and zoning department, building inspection, and fire department. Each department will determine within seven (7) working days if the application is complete. Incomplete applications will be returned to the applicant.

C. The City Council shall review for approval or denial all applications provided for in this Chapter.

D. The total time for the City, Fire department, Police department, Building Official and Zoning Official, and City Council, to approve or deny a license shall not exceed thirty days from the receipt of an application. In the event that a license for any business described in this ordinance has not been processed within the thirty days allowed, the City shall issue a temporary license pending completion of the City's review.

1. No temporary license shall be issued for more than 30 days.

2. Any temporary license issued pursuant to this section may be revoked by the City pursuant to revocation procedures provided for herein, if the completed review determines that the license should be denied.

E. An applicant may appeal the decision of the business licensing office regarding a denial to the City Council by filing a written notice of appeal with the City Recorder within ten (10) days after service of notice upon the applicant of the business licensing officials 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 business licensing official may, within fifteen (15) days of service of the applicant's memorandum, submit a responsive memorandum to the City Council. After reviewing such memoranda, as well as the business licensing official's written decision, if any, and accompanying exhibits, the City Council shall vote either to uphold or overrule the business licensing official's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the City Recorder receives the notice of appeal. The status quo immediately prior to denial of the license shall be maintained during the pendence of the appeal. Judicial review of a denial by the business licensing official and City Council may be made pursuant to Section 5.72.286 of this ordinance. The status quo shall continue to be maintained during the pendency of judicial review.