§ 113.05 GRANTING LICENSES.

   (A)   Hearing; issuance of license. The City Administrator or his or her designated representatives shall investigate all facts set out in the application. A public hearing shall be held before the City Council prior to any action taken on the license application. The public hearing shall be set within 45 days of the receipt of the application. The purpose of the public hearing shall be to consider public input on the criteria for granting a license. Criteria for investigating and evaluating a license shall be limited to the following:

      (1)   Application shall be completed in full;

      (2)   A license shall not be issued to a person who is ineligible for a license under § 113.06;

      (3)   A license shall not be issued to an applicant whose place of business is ineligible for license under § 113.06;

      (4)   A license shall not be issued to an applicant if the applicant or the place of business does not comply with § 113.07;

      (5)   A license shall not be issued to an applicant if applicant does not comply with §§ 113.08 and 113.09;

      (6)   The adult use shall be in compliance with all applicable city code regulations; and

      (7)   The place of business shall meet the city’s Building and Fire Code regulations in effect as of the date of application.

   (B)   Decision to grant or deny. The city shall investigate and notify the applicant, in writing, of the city’s decision to grant or deny the license within 60 days of the date the application is received by the city.

      (1)   The City Council shall issue a license within that period of time to any applicant who, on completion of the city’s investigation, is found to have met all of the criteria defined in division (B) above.

      (2)   If an application is denied, the city’s notice shall specify in writing the reason(s) for the denial.

   (C)   License nontransferable. License(s) shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. No license shall be transferred to another place without the approval of the City Council.

   (D)   Right of judicial review. Any applicant who has received notice that his, her or its application for a license has been denied shall have the right of prompt judicial review without the need to first appeal to the city.

(Ord. 305, Second Series, passed 1-13-2004)