5.12.230 Issuance of business license for sexually oriented business.
A. The business license official or his/her designated representative shall refer all applications for licenses to the police chief for his investigation and recommendations.
B. The police chief shall recommend the approval of a license pursuant to this chapter unless he finds one or more of the following:
1. The applicant is under twenty-one years of age;
2. The applicant is overdue in payment to the city of taxes, fees, fines, or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business;
3. The applicant has falsely answered a material question or request for information as authorized by this chapter;
4. The applicant has violated a provision of this chapter or similar provisions found in statutes or ordinances from any jurisdiction within two years immediately preceding the application. A criminal conviction for a violation of a provision of this chapter or similar provisions from any jurisdiction, whether or not being appealed, is conclusive evidence of a violation, but a conviction is not necessary to prove a violation;
5. The business premises to be used has been disapproved by the Salt Lake County health department, the fire marshal, the building officials, or the zoning officials as not being in compliance with applicable laws and ordinances of the city. If any of the foregoing reviewing agencies cannot complete their review within the thirty-day approval or denial period, the agency or department may obtain an extension of time of no more than fifteen days for review;
6. All required license fees have not been paid;
7. All applicable sales and use taxes have not been paid;
8. An applicant for the proposed business is in violation of or not in compliance with this chapter or similar provisions found in state statutes or ordinances from any other jurisdiction;
9. An applicant has been convicted or pled nolo contendere to a crime involving:
a. Prostitution; exploitation of prostitution; aggravated promotion of prostitution; aggravated exploitation of prostitution; solicitation of sex acts; sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution, or display of material harmful to minors; sexual performance by minors; contributing to the delinquency of a minor; possession of child pornography; lewdness; obscenity; indecent exposure; any crime involving sexual abuse or exploitation of a child; sexual assault or aggravated sexual assault; rape; forcible sodomy; forcible sexual abuse; incest; harboring a runaway child; any felony; any violation under the Utah Controlled Substances Act or substantially similar state or federal statute; any crime of violence; criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense; for which:
i. Less than two years have elapsed from the date of conviction, if the conviction is of a misdemeanor offense, or less than five years if the convictions are of two or more misdemeanors within the five years; or
ii. Less than five years have elapsed from the date of conviction if the offense is a felony;
b. The fact that a conviction is being appealed shall have no effect on the disqualification pursuant to this chapter;
10. An applicant has not provided the business license official with a complete application. An application is not complete until the applicant has provided all applicable requirements of this chapter and any other applicable chapter; met with the police chief or his/her designee; and paid all fees.
C. The police chief shall make a report of his findings to the business license official together with his recommendation, if any, within forty-five days of receipt of a completed application including payment of all fees. If the police chief or his/her designee cannot complete his/her review within the forty-five-day approval or denial period, the police chief or his/her designee may obtain an extension of time of no more than fifteen days for his/her review. The total time for the city to approve or deny a license shall not exceed sixty days from the receipt of a completed application and payment of all fees. (Ord. 10/6/2009O-18 § 2 (part))