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(1) Upon the filing of a complete application under Subsection 9.60.040(3) of this Chapter for a sexually-oriented business license, the Finance Director shall immediately issue a temporary license to the applicant, which temporary license shall expire upon a final decision of the City to deny or grant a business license. Within twenty (20) days of the filing date of a complete sexually-oriented business license application, the Finance Director shall issue a business license to the applicant or issue to the applicant a letter of intent to deny the application. The Finance Director shall issue a license unless:

(a) an applicant is less than eighteen (18) years of age;

(b) an applicant has failed to provide information required by Section 9.60.040 of this Chapter for issuance of a license or has falsely answered a question or request for information on the application form;

(c) the license application fee required by Section 9.60.060 of this Chapter has not been paid;

(d) the sexually-oriented business does not comply with the interior configuration requirements of this Chapter or does not comply with locational requirements set forth in Chapter 14.48, Provo City Code;

(e) any sexually-oriented business in which the applicant has had an influential interest, has in the previous five (5) years (and at a time during which the applicant had the influential interest):

(i) been declared by a court of law to be a nuisance; or

(ii) been subject to an order of closure or padlocking; or

(f) an applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity as defined in this Chapter.

(2) Upon the filing of a complete application under Subsection 9.60.040(3) of this Chapter for a sexually-oriented business employee license, the Finance Director shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the City to deny or grant a business license. Within twenty (20) days of the filing date of a complete sexually-oriented business employee license application, the Finance Director shall either issue a business license or issue a written notice of intent to deny a license to the applicant. The Finance Director shall approve the issuance of a license unless:

(a) the applicant is less than eighteen (18) years of age;

(b) the applicant has failed to provide information as required by Section 9.60.040 of this Chapter for issuance of a license or has falsely answered a question or request for information on the application form;

(c) the license application fee required by Section 9.60.060 of this Chapter has not been paid;

(d) any sexually-oriented business in which the applicant has had an influential interest, has in the previous five (5) years (and at a time during which the applicant had the influential interest):

(i) been declared by a court of law to be a nuisance; or

(ii) been subject to an order of closure or padlocking, or

(e) the applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity as defined in this Chapter.

(3) The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually-oriented business, the address of the sexually-oriented business. The sexually-oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it may be read at any time. A sexually-oriented business employee shall have possession of the employee’s license on the employee’s person or keep the license on the premises where the licensee is then working or performing.

(Rep&ReEn 2005-41, Am 2006-49, Am 2021-27)