§ 22-5. Issuance of license or employee card.

(a)

Sexually oriented business license.

(1)

Within thrity (30) days after the filing of a completed application under section 22-4 for a sexually oriented business license, the sheriff shall either approve the application or shall issue to the applicant a letter of intent to deny the application. Each person having a controlling interest in any entity applying for a sexually oriented business license shall be considered an applicant, and each such person must meet the requirements for the approval of the issuance of the license to the entity. The sheriff shall approve the issuance of a license unless one (1) or more of the following is found to be true:

a.

An applicant is less than twenty-one (21) years of age.

b.

An applicant has failed to provide information as required by section 22-4 for issuance of a license or has falsely answered a question or request for information on the application form.

c.

Any taxes, fees or charges due to the parish by the applicant or his or her business have not been paid.

d.

An applicant has been shown to have committed a violation of subsection 22-7(a), subsection 22-10(b), subsection 22-18(a), (b), or (c) of this chapter within the previous year.

e.

The sexually oriented business premises are not in compliance with the interior configuration requirements of this chapter or are not in compliance with locational requirements established in the applicable parish regulations.

f.

An applicant has been convicted of a specified criminal activity, as defined in this chapter.

g.

An applicant, or the entity in which an applicant has a controlling interest, is not the owner of the premises or the tenant under a bona fide written lease therefor.

h.

An applicant, or an entity in which an applicant has a controlling interest, has had a license or permit to operate an sexually oriented business issued by the United States, any state, or by any political subdivision of a state, authorized to issue permits or licenses, revoked within two years prior to the application, or been convicted or had a judgment of a court of competent jurisdiction rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States for two (2) years prior to the application.

i.

Any applicant is a person interposed for another person who does not meet the requirements for the issuance of a license. A person is considered an interposed person if such person is subsidized, financed or employed by an applicant to operate a sexually oriented business without disclosing the true and beneficial ownership of the business.

j.

Any applicant is the spouse of a person whose application for a sexually oriented business license whose permit or license has been denied or revoked, unless judicially separated; provided, however, that in any such case:

1.

The application shall not be denied solely on the basis of the age of the ineligible spouse;

2.

A conviction of the spouse of a specified criminal activity shall not be cause for denial of a license if and only if:

(i)

The applicant had state and local permits prior to the conviction; and

(ii)

The applicant had a regime of separation of property, pursuant to applicable Louisiana law, and is the owner of the premises or has a bone fide written lease therefore, or the owner owns the premises as the applicant's separate property pursuant to applicable Louisiana law.

k.

An applicant has any outstanding warrants for arrest for any crime.

(2)

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 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 easily read at any time or in the case of a dual purpose business, the sexually oriented business license shall be posted in a conspicuous place in the area of the adult entertainment materials.

(b)

Sexually oriented business employee card. Upon the filing of a completed application for a sexually oriented business employee card and the payment of a non-refundable application fee, the sheriff shall issue a temporary card to the applicant, which temporary card shall expire upon the final decision of the parish to deny or grant the application, or, if approved, the issuance of the card. Within thirty (30) days of the receipt of a completed application, the sheriff shall either approve the issuance of a card or issue a written notice of intent to deny a card to the applicant. The sheriff shall approve the issuance of a card unless one or more of the following is found to be true:

(1)

An applicant is less than eighteen (18) years of age.

(2)

An applicant has failed to provide information as required by section 22-4 for issuance of a card or has falsely answered a question or request for information on the application form.

(3)

An applicant has been shown to have committed a violation of subsection 22-7(a), subsection 22-10(b), subsection 22-18(a), (b) or (c) of this chapter within the previous year.

(4)

An applicant has been convicted of a specified criminal activity, as defined in this chapter.

(5)

An applicant has had a card, license or permit to operate a sexually oriented business or to be an employee of a sexually oriented business issued by the United States, any state, or by any political subdivision of a state, authorized to issue cards, permits or licenses, revoked within two (2) years prior to the application, or been convicted or had a judgment of a court of competent jurisdiction rendered against him involving violation of sexually oriented business ordinances by this or any other state or local government or by the United States for two (2) years prior to the application.

(6)

An applicant has any outstanding warrants for arrest for any crime.

An employee card issued pursuant to this section shall contain the card holder's photograph, full name, date of birth, race, sex and fingerprint. A sexually oriented business employee shall keep the employee's card on his or her person or on the premises where the card holder is then working or performing and shall produce such card for inspection upon request by a law enforcement officer or other parish official performing functions connected with the enforcement of this chapter.

(c)

Issuance of license or card. After any application for a license under this chapter has been approved, it shall be submitted to the parish clerk, who shall forthwith issue and sign the license or card upon payment of the prescribed fee. Any license for a sexually oriented business shall be restricted to the single location described in the application; that is, each location for a sexually oriented business must have a separate license. After any application for a sexually oriented business employee card under this chapter has been approved, the sheriff shall issue the card. A sexually oriented business employee card shall be good and valid for use on the premises of any sexually oriented business, provided that the licensee has notified the sheriff of the name and address of the sexually oriented business employee card holder within five (5) days of the hire date.

(d)

Effect of failure to act. The failure of the sheriff to act on an application within the time set forth in this section shall be deemed a denial of the application for a license or card, and shall be deemed to be the issuance of a written notice of intent to deny the license or card applied for.

(e)

Appeal from notice of intent to deny. Upon issuance or deemed issuance of a written notice of intent to deny a license or card, the applicant may appeal the denial to the police jury by making a written request for appeal to the parish clerk within ten (10) days after issuance or deemed issuance of the written notice of intent to deny the license or card. The applicant's temporary license or card, if any, shall continue in effect during such ten-day period. Upon timely appeal, the applicant's temporary license or card, if any, shall continue in effect until the police jury has acted on the applicant's appeal or the applicant has withdrawn his or her appeal. The appeal to the police jury shall proceed in accordance with the hearing provisions set forth in this chapter and the rules of the police jury. The only issue on the appeal shall be whether the applicant meets the criteria for issuance of the license or card in question; the police jury shall not have the authority to waive any of the requirements for the license or card in question.

(f)

Temporary sexually oriented business employee card. The temporary sexually oriented business employee card issued pursuant to this section shall state on its face an expiration date forty-five (45) days after its date of issuance; provided, however, that, if the employee's card application or appeal from a denial of a card or card renewal is continuing at the end of each successive forty-five-day period, at the request of the applicant the sheriff shall issue a renewal temporary card, which shall expire forty-five (45) days after its issuance. Notwithstanding the stated forty-five-day expiration date, the temporary card shall expire upon either the issuance of a permanent card, the withdrawal of any appeal from the denial of issuance of a card, or the termination of any appeal of the denial of issuance of a card. Upon the denial of the issuance of the card (if not appealed), or the unsuccessful or withdrawal of appeal of the denial of issuance of the card, the applicant shall immediately return the temporary card to the sheriff. It shall be unlawful for any applicant to fail to return the temporary card to the sheriff within three (3) business days after the denial of the issuance of the card (if not appealed), or the unsuccessful or withdrawal of appeal of the denial of issuance of the card.

(Ord. No. 975, § 1, 9-6-2005)