§ 12-57. Criteria for issuance of license or permit.

(a)

Business license. The director shall investigate the application for an adult live entertainment or adult entertainment business license and report the findings of the investigation to the commissioner, who shall issue the license authorized by this Article if the commissioner finds that each of the following conditions is met without exception:

(1)

Applicant, or all partners, officers, directors, employees, managers or any shareholders of applicant with greater than a ten percent interest, are over 18 years of age;

(2)

Applicant (and, if an individual, applicant's spouse) is current in all taxes, fees and other amounts due to the city on any account, for any purpose;

(3)

The application is complete and appears to be truthful and accurate;

(4)

The application is accompanied by the required fee;

(5)

The proposed premises are the subject of a zoning determination or a certificate of legal nonconformance showing that the use of the premises for the proposed business is permitted under the zoning ordinance;

(6)

The proposed premises comply with the separation requirements set forth in applicable zoning districts or hold a valid certificate of legal nonconformance indicating that the business is not subject to such separation requirements because the proposed premises existed at this location before the establishment of the separation requirements;

(7)

The proposed premises meets all other applicable health, safety, building and fire codes and ordinances of the city;

(8)

The applicant provides evidence that the applicant owns the premises or has a lease giving it control of the premises through the proposed licensing period;

(9)

No applicant, or any spouse, partner, officer, or director of the applicant, or shareholder with greater than a ten percent interest in applicant, has been convicted of a violation of this article or has had a license under this article revoked at any time in the two years immediately preceding the date of application;

(10)

No applicant, or any spouse, partner, officer, or director of the applicant, or shareholder with greater than a ten percent interest in applicant, has, within the previous ten years been convicted of, or remains under confinement for, any felony, misdemeanor, ordinance violation or municipal ordinance violation involving sexual offenses, prostitution, sexual abuse of a child, or pornography and related offenses as defined in the state's criminal code, RSMo chs. 556—600, or similar statutes in other states, or controlled substance or illegal drugs or narcotics offenses, as described in the state's comprehensive drug control act; and

(11)

The applicant has provided the commissioner with a designated agent for service who can regularly be found in the city during normal business hours.

(b)

Burden of proof. The applicant shall have the burden of proof on each of the criterion contained in subsection (a) of this section except that the applicant's burden regarding criterion contained in subsections (a)(5), (7), (9) and (10) of this section shall be limited to completing forms provided by the director.

(c)

Manager's or entertainer's permit. The director shall investigate the application and report the findings of the investigation to the commissioner who shall issue any applicable permit authorized by this article if the commissioner finds that:

(1)

The applicant has not made any false, misleading or fraudulent statement of material fact in the application for a license, or in the providing of documentation of age, as part of the original permit application or application for renewal thereof.

(2)

The applicant has attained the age of 18 years.

(3)

The applicant has not been convicted of a felony or released from confinement for conviction of a felony, whichever event is later, within five years immediately preceding the application, or has not been convicted of a misdemeanor or released from confinement for conviction of a misdemeanor, whichever event is later, within two years immediately preceding the application, where such felony or misdemeanor involved sexual offenses, prostitution, sexual abuse of a child or pornography and related offenses, as defined in the state's criminal code, RSMo chs. 556—600, or similar statutes, or controlled substance or illegal drugs or narcotics offenses, as described in the state comprehensive drug control act, or similar statutes, or has not been convicted of a municipal ordinance violation or released from confinement for conviction of a municipal ordinance violation, whichever event is later, within two years immediately preceding the application, where such municipal ordinance violation involved indecent exposure, prostitution, or sale of controlled substances or illegal drugs or narcotics.

(4)

The applicant has not had a license or permit issued under the provisions of this article revoked within five years immediately preceding the application.

(Ord. No. 981345, § A, 12-21-98)