§ 6.54.080. Standards for issuance of a permit.

A.

Applicant. To receive a permit as an entertainer, an applicant must meet the following standards:

1.

The applicant shall be at least eighteen years of age.

2.

No applicant convicted of a crime of a sexual nature, as defined in Section 6.54.010, in any jurisdiction shall be eligible to receive a permit for the time period described below.

a.

If the conviction was for a misdemeanor violation, then the applicant shall be ineligible to receive a permit for two years from the date of the conviction.

b.

If the conviction was for a felony violation, then the applicant shall be ineligible to receive a permit for five years from the date of the conviction.

c.

The time is computed from the date of the application to the date of the conviction.

3.

The applicant shall not have given any false or misleading information on the application, or omitted any material facts from the application. False or misleading information does not include information which the applicant reasonably believed, after exercising due diligence, was correct at the time of the application.

a.

If the applicant gave any false or misleading information or omitted any material facts, then the applicant shall be ineligible to receive a permit for one year from the date of the application which contained the misleading statements or omissions unless the omission or misleading statement referred to the age of the applicant or to a crime of a sexual nature, as defined in Section 6.54.010. False or misleading information does not include information which the applicant reasonably believed, after exercising due diligence, was correct at the time of the application.

b.

If the misleading statements or omissions referred to the age of the applicant, then the applicant shall not be eligible to receive a permit until he/she is eighteen or until one year has passed from the date of the application which contained the misleading statements or omissions, whichever is later.

c.

If the misleading statements or omissions referred to a crime of a sexual nature, as defined in Section 6.54.010, then the applicant shall not be eligible to receive a permit until the time period described in subsection (A)(2)(a) through (c) of this section has expired or until one year has passed from the date of the application which contained the misleading statements or omissions, whichever is later.

4.

The applicant shall not have had a sexually oriented business permit/license or similar business permit revoked within the last year immediately preceding the application.

5.

Any applicant found to have previously violated this chapter of the Metropolitan Code by providing sexually oriented entertainment within the metropolitan area without a permit, as evidenced by a judgment of a court, within one year immediately preceding the date of the application shall be ineligible for a permit for one year from the date of the judgment. The fact that a trial court's judgment is being appealed shall have no effect on the disqualification of the applicant unless the judgment is stayed.

(Ord. 99-1814 § 47, 1999; Amdt. 1 § 8 with Ord. 99-1503 §§ 65—70, 1999; Ord. 97-1022 § 63 (part), 1997)