(a) The Office of Planning and Development shall approve the issuance of a permit and/or license to an applicant within thirty days after receipt of an application unless he finds one or more of the following to be true:
(1) An applicant is under eighteen years of age;
(2) An applicant or an applicant's spouse is overdue in his payment to the City of taxes, fines, or penalties assessed against him or imposed upon him in relation to an adult entertainment business;
(3) An applicant has failed to provide information reasonably necessary for issuance of the permit and/or license or has falsely answered a question or request for information on the application form;
(4) An applicant is residing with a person who has been denied a permit and/or license by the City to operate an adult entertainment business within the preceding twelve months, or residing with a person whose license to operate an adult entertainment business has been revoked within the preceding twelve months.
(5) The premises to be used for the adult entertainment business have not been approved by the Health Department, Fire Department, Building Official and Zoning Official as being in compliance with applicable law and ordinances.
(6) The permit and/or license fee required by this chapter has not been paid.
(7) An application of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.
(b) The permit and/or license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the adult entertainment business. The permit and/or license shall be posted in a conspicuous place at or near the entrance to the adult entertainment business so that it may be easily read at any time.
(c) The Health Department, Fire Department, Building Official and Zoning Official shall complete their certification that the premises is in compliance or not in the compliance within twenty days of receipt of the application by the Office of Planning and Development. The certification shall be promptly presented to the Office of Planning and Development.
(d) In the event that the Office of Planning and Development determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within forty five days of the receipt of its application by the Office of Planning and Development, provided that the applicant my request, in writing, that such period be extended for an additional period of not more than ten days at any time before the notice is issued in order to make modifications necessary to comply with this chapter.
(e) An applicant my appeal the decision of the Office of Planning and Development regarding a denial to the Board of Zoning Appeals by filing a written notice of appeal with the City secretary within fifteen days after the applicant is given notice of the Office of Planning and Development's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Office of Planning and Development may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Board of Zoning Appeals. After reviewing such memoranda, as well as the Office of Planning and Development's written decision, if any, and exhibits submitted to the Office of Planning and Development, the Board of Zoning Appeals shall vote to either uphold or overrule the Office of Planning and Development's decision after the date on which the City secretary receives the notice of appeal. However, all parties shall be required to comply with the Office of Planning and Development's decision during the pendency of the appeal.
(f) Fees. The annual fee for an adult entertainment business permit and/or license is five hundred dollars ($500). This fee is to be used to pay for the cost of administration and enforcement of this chapter.
(g) Inspection. An applicant, or permittee and/or licensee shall permit representative of the Police Department, Health Department, Fire Department, Zoning Department or other City or State departments or agencies to inspect the premises of an adult entertainment business for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
(Ord. 55, 1994. Passed 11-21-94.)