(A) Investigation by sheriff. The Carver County Sheriff and the Department have authority to investigate all facts set out in the application. The applicant(s), operator, and each owner of the establishment shall be subject to a criminal history background investigation by the Sheriff or his or her designee. Cost of the criminal history investigations shall be borne by the applicant according to the Carver County fee schedule. The application for the adult use license shall not be considered complete until all required information has been furnished, the investigation has been completed by the Sheriff, and a report provided to the Department by the Sheriff.
(B) Granting of adult use license. Upon receipt of a completed application pursuant to division (A) of this section, the Department shall forward its findings on the application to the County Board. The County Board shall grant or deny the application in a timeframe so as to comply with M.S. § 15.99. The County Board shall deny the application if any of the ineligibility conditions in § 113.28 exist, or if the proposed location does not meet the requirements set forth in § 113.29. If the application is granted, a provisional adult use license will be issued by the County Board. The issuance of a provisional adult use license does not automatically result in a conditional use permit being issued, and the applicant must follow the procedures set forth in Chapter 152 in order to obtain a conditional use permit. The County Board shall change the provisional adult use license to an adult use license immediately following the granting of the conditional use permit if all requirements have been met.
(C) Expiration of provisional adult use license. A provisional adult use license shall expire 120 days from the date the license is granted unless an extension is granted by the County Board.
(D) Adult use license is non-transferable. The provisional adult use license and adult use license shall be issued only to the applicant and only for the premises described in the application. No more than one adult use premises may be listed on each application. No license may be transferred to another premises or person without the written approval of the County Board. If the licensee is a partnership or corporation, a change in the identity of any of the general or limited partners or a change in persons holding more 5% or more of the issued and outstanding stock of the corporation shall be deemed to be a transfer of the license.
(Ord. 66-2010, passed 4-13-10) Penalty, see § 113.99