5.48.080 Issuance and denial of license.
Denial of a license under this section is subject to appeal as set forth in MMC 5.48.210.
A. Upon the filing of an application for a sexually oriented business license, manager’s license or performer’s license, the application shall be referred to the appropriate agencies for an investigation to be made on the information contained in this application. The application process must be completed within thirty days from the date the completed application is filed. The health department, fire department, community development department and the building official of the city shall complete their certification that the premises are in compliance or not in compliance with this chapter and all other applicable city regulations within twenty days of receipt of notification from the department.
B. After the investigation, the department shall issue a sexually oriented business, manager’s or performer’s license, unless it is determined that one or more of the following findings is true:
1. The applicant has failed to provide information (in a timely manner) reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
2. The applicant is under the age of eighteen years;
3. The applicant has been convicted within the past two years of a misdemeanor offense involving a specified criminal activity, within the past five years of a felony offense involving a specified criminal activity, or within the past five years of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four month period involving specified criminal activities; “specified criminal activities” as used in this section shall be limited to crimes involving moral turpitude;
4. The manager or performer’s license is to be used for employment in a business prohibited by local or state law, rule, or regulation, or prohibited by this chapter;
5. The applicant for a manager’s or performer’s license has had a sexually oriented business, manager’s, or performer’s license revoked by the department or by another municipality within two years of the date of the current application;
6. An applicant has been denied a license by the department or by another municipality to operate a sexually oriented business within the preceding twelve months or whose license to operate a sexually oriented business has been revoked by the department or another municipality within the preceding twelve months;
7. The license fee required by this chapter has not been paid; or
8. The premises to be used for the sexually oriented business have not been approved by the health department, fire department, community development department and the building official in the city as being in compliance with applicable laws and ordinances.
C. If the manager’s or performer’s license is denied, the temporary license previously issued is immediately null and void.
D. Every sexually oriented business, manager’s, and performer’s license must be issued in the name of the applicant or applicants, and the holder of a license may not allow another person to use it.
E. The license must state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the classification for which the license is issued under MMC 5.48.030. A license issued under this chapter is subject to all conditions and restrictions imposed by this chapter. The trade name and address of the business and expiration date of the license must be listed on the face of the license. All sexually oriented business licenses and manager’s licenses must be posted in a conspicuous place at or near the entrance to the sexually oriented business so that they may be easily read at any time. A performer shall keep his or her business performer’s license on the premises while performing.
F. A sexually oriented business license issued by the department is valid only for the business classification, as defined in MMC 5.48.030, for which it is issued. A person who wishes to own or operate more than one classification of sexually oriented business must obtain separate sexually oriented business licenses for each classification of business.
G. If the health district, fire department, community development director or building official of the city fails to complete its certification that the premises are in compliance with this chapter and with the applicable city or county ordinances, the department shall issue the sexually oriented business license, as long as the failure to complete certification did not occur because the owner or operator, or other employee, of the sexually oriented business denied valid representatives of these agencies access to the premises for purposes of inspection and investigation.
H. A sexually oriented business license may not be issued to:
1. An individual partnership or corporation, unless qualified to obtain a sexually oriented business license as provided in this chapter;
2. A corporation, unless it was created under the laws of the state of Washington or holds a certificate of authority to transact business in the state of Washington;
3. An applicant who is under eighteen years of age;
4. An applicant who has failed to provide information reasonably necessary for issuance of the sexually oriented business license or who has falsely answered a question or request for information on the application form; or
5. An applicant who has proposed the location of the business within a zone where the use is prohibited by applicable land use regulations. (Ord. 029/2003)