(A) The Town Clerk shall transmit a copy of the completed application, containing all the required information outlined in this section to the Henderson County Sheriff’s department for an investigative report, the Planning Board to determine compliance with all zoning, building regulations and ordinances, and the Henderson Fire Department to determine compliance with any law relating to fire protection.
(B) The Sheriff, Planning Board and Fire Department shall, within a reasonable time not to exceed 45 working days, report the results of their examinations to the Town Clerk.
(C) If the Sheriff, Planning Board and Fire Department do not respond within 45 working days to the Town Clerk, then the application and conditional use site plan is to be deemed to meet the approval of any nonresponding department or board.
(D) A completed application accompanied by all required information outlined in this section and all reports and recommendations as outlined in this section, shall be submitted to the Town Clerk and placed on the agenda of the next regularly scheduled Town Council meeting.
(E) Upon the receipt of the application for a sexually oriented business license, the Town Council shall review the conditional use application, the site plan and the sexually oriented business license application and approve the issuance of the license if the Board determines that:
(1) The application contains no misstatement of fact;
(2) Neither the applicant nor any person or entity having any legal or beneficial ownership interest in the application, has not been convicted of a sexually related crime, prostitution or a violation of any law relative to prostitution, crime involving sexual misconduct as codified in the laws of the United States, this or any other state, including but not limited to convictions of violations of any crime of moral turpitude, any offense under G.S. Chapter 90, any crime of moral turpitude or the same offenses as codified in the laws of the United States or any other state;
(3) The applicant conforms to all requirements of applicable zoning, building and fire prevention codes; and
(4) Neither the applicant nor any person, corporation, partnership, association or other entity having a legal or beneficial ownership interest in the applicant has, within the 5-year period preceding the application, had a previously issued license for engaging in any sexually oriented business that has been suspended or revoked anywhere.
(F) If the Town Council has not approved or denied the sexually oriented business application within 60 days from receiving the completed application and conditional use application, the license shall be deemed granted.