(A) The County Manager shall approve the issuance of a permit to an applicant within 30 days after receipt of an application, unless he finds one or more of the following conditions or events:
(1) Any applicant is under 18 years of age.
(2) Any applicant is delinquent to the county of any tax, fine or penalty assessed against him or imposed upon him in relation to an adult establishment.
(3) Any applicant has failed to provide information reasonably necessary for issuance of the permit, or has falsely answered a question or request for information on the application.
(4) The premises to be used for the adult entertainment establishment have not been approved by the Fire Marshal and Building Inspector as being in compliance with all applicable laws and ordinances.
(5) The permit fee required by this chapter has not been paid.
(6) An application for the proposed adult establishment is in violation of, or is not in compliance with, any of the provisions of this chapter.
(7) The applicant has been convicted of any crime involving sexual misconduct (including but not limited to G.S. §§ 14-177 through 14-202.1 (Chapter 14, Article 26 - Offenses Against Public Morality), G.S. §§ 14-203 through 14-208 (Chapter 14, Article 27 - Prostitution), or of any federal statute relating to prostitution or for any violation of any law or ordinance of any governmental unit concerning or related to adult-oriented businesses or establishments or the business or profession of massage. Provided, however, that this subdivision shall not apply to any such crime for which the date of conviction is more than three years after the date of filing of this application.
(B) The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the adult establishment. The permit shall be posted in a conspicuous place at or near the entrance to the adult establishment so that it may be easily read at any time.
(C) The Fire Marshal and Building Inspector shall complete their certification that the premises are in compliance or not in compliance within 20 days of receipt of the application by the County Manager.
(D) In the event that the County Manager determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for said denial within 45 days of the receipt of its application by the County Manager; provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten days at any time before the notice of denial is issued, in order to make modifications necessary to comply with this chapter.
(E) An applicant may appeal the decision of the County Manager regarding a denial to the Board of Commissioners by filing a written notice of appeal with the Clerk to the Board of Commissioners within 15 days after the applicant is given notice of the County Manager's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for said appeal and all arguments in support thereof. The County Manager may submit a response to the memorandum filed by the applicant on appeal to the Board of Commissioners. After reviewing all the information submitted to it, including the County Manager's response, if any, the Board of Commissioners shall vote to either uphold or overrule the County Manager's decision. This vote shall be taken at the second regularly scheduled Commissioners' meeting after the date on which the Clerk receives the notice of appeal. During the pendency of any appeal, the County Manager's decision will be binding on all parties, and no permit will be considered issued. Provided, however, that any adult establishment existing as of the effective date of this chapter shall be allowed to continue operation pending the decision or result of an appeal filed pursuant to this division. An applicant may seek appropriate judicial remedies as provided in the North Carolina General Statutes and other applicable law following exhaustion of appeals before the Board of Commissioners.
(Ord. passed 9-22-98)