(a) The Town of Dyer Department of Planning and Zoning, or its designee, shall grant or deny an application for a permit within thirty (30) days from the date of its proper filing. Upon the expiration of said thirty (30) days, and unless an applicant requests and is granted a reasonable extension of time, an applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the Town of Dyer Department of Planning and Zoning, or its designee, notifies the applicant of the denial of the application and states the reasons(s) for that denial.
(b) Grant of Application for Permit.
(1) The Town of Dyer Department of Planning and Zoning, or its designee, shall grant the application unless one (1) or more of the criteria set forth in subsection (c) below is present.
(2) The permit, if granted, shall state on its face the name of the person, or persons, to whom the permit is granted, the permit's expiration date and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business shall be subject to prohibitions against public nudity and indecency pursuant to I.C., 35-45-4-1, as amended from time to time. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read easily at any time.
(c) Denial of Application for Permit.
(1) The Town of Dyer Department of Planning and Zoning, or its designee, shall deny the application for any of the following reasons:
a. An applicant is under eighteen (18) years of age.
b. An applicant has failed to provide all of the information required by this section or the permit application itself for the issuance of the permit, or has falsely answered a question or request for information on the application form.
c. The premises to be used for the sexually oriented business have been inspected by the appropriate and responsible Town departments and/or agencies and have been found to be in violation of applicable Town and/or state health, fire and building codes.
d. The application or permit fees required by this division have not been paid.
e. An applicant of the proposed sexually oriented business is in violation of, or is not in compliance with, any of the provisions of this division or the Town of Dyer Zoning Ordinance.
f. The granting of the application would violate a federal or state law, statute, ordinance, or court order.
g. An applicant knowingly has in his/her employ, an employee who does not have a valid license as required in Section 10-168.13.
(2) In the event that the Town of Dyer Department of Planning and Zoning, or its designee, denies the application, it shall notify an applicant of the denial and state the reasons therefor.
(3) In the event that a person applies for a permit for a particular location within a period of twelve (12) months from the date of denial of a previous application for a permit at that location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reason(s) for denial, the application shall be denied.
(Ord. No. 2007-33, 12-27-07)