(A) Reviewing departments. Within three working days after receipt of a complete application for an adult establishment license that includes all of the information and documents required pursuant to division (c) below, as well as the administrative processing fee and bond or other security required pursuant to division (B) below, the County Planning Commission shall transmit a copy of the application to the reviewing departments.
(B) Reviewing department reports. Each of the reviewing departments shall, within 25 days after transmittal of the application thereto:
(1) Review the application;
(2) Conduct such inspections of the proposed licensed premises and background investigations of the applicant and any of the individuals identified in the application pursuant hereto, regarding matters within their respective jurisdictions, as shall be reasonably necessary to verify the information set forth in the application and to determine whether the proposed adult entertainment establishment and licensed premises comply with the requirements of this chapter and other applicable laws, codes, ordinances, rules and regulations; and
(3) Prepare and submit to the County Planning Commission a written report regarding the results and findings of such reviews, inspections and investigations.
(C) County Sheriff review. The County Sheriff shall also conduct such inspections and investigations as the Sheriff’s Department shall deem reasonably necessary to verify the information set forth in the application and to determine whether the proposed adult entertainment establishment and licensed premises comply with the requirements of this chapter and other applicable laws, codes, ordinances, rules and regulations.
(D) Reliance on diagram. In the event that the licensed premises has not yet been constructed or reconstructed to accommodate the proposed adult entertainment establishment, the County Planning Commission and the reviewing departments shall base their respective written reports, investigations and inspections, to the extent necessary, on the diagram submitted pursuant hereto. Any adult establishment license issued prior to the construction or reconstruction necessary to accommodate the proposed adult entertainment establishment shall contain a condition that the adult entertainment establishment shall not open for business until the licensed premises has been inspected and determined to be in substantial compliance with the diagram submitted with the application. Approval or denial of applications, otherwise required herein, may be delayed pending review of the construction plans subject to the provisions of the Kentucky Building Code.
(E) Applicant cooperation required. An applicant for an adult establishment license shall cooperate fully in the inspections and investigations conducted by the County Planning Commission and the reviewing departments. The applicant’s failure or refusal as follows shall constitute an admission by the applicant that the applicant is ineligible for an adult establishment license and shall be grounds for denial of the license by the County Planning Commission:
(1) To give any information reasonably relevant to the investigation of the application;
(2) To allow the licensed premises to be inspected;
(3) To appeal, at any reasonable time and place for examination under oath regarding the application; or
(4) To otherwise cooperate with the investigation and inspection required by this chapter.
(F) Time for issuance or denial. The County Planning Commission shall, within 30 days after submittal of a properly completed application, either issue an adult establishment license pursuant to the provisions of § 112.23(A) of this chapter or deny issuance of the adult establishment license pursuant to the provisions of § 112.23(B) of this chapter. The County Planning Commission shall issue or deny the license within said 45-day period regardless of whether or not the County Planning Commission has received all of the reviewing department reports.
(G) Decision final. The action taken by the County Planning Commission to issue an adult establishment license pursuant to § 112.23(A) of this chapter or to deny issuance of an adult establishment license pursuant to § 112.23(B) of this chapter shall be final and shall be subject to judicial review. Appeals shall be filed within 30 days of the final decision issued by the County Planning Commission.
(Ord. 10 (2006), passed 9-1-2006)