(a) Upon receipt of an application for a teen dance center license and receipt of the required fee, the License Officer shall promptly review such application, conduct an investigation in accordance with this chapter, and, if deemed necessary, hold a hearing before granting or denying a license.
(b) The License Officer shall deny any application for a teen dance center license after determining that:
(1) The applicant or any of the applicant's officers, directors, operators, employees, resident manager, or any other person involved in the operation of the teen dance center has been convicted of:
A. Any felony assault, battery, or other offense against another person;
B. Any offense involving prostitution or controlled substances;
C. Any offense involving tobacco;
D. Any offense involving providing liquor to a person under the legal serving age, providing liquor to any visibly intoxicated person, or allowing alcohol on premises where alcohol is prohibited; or
E. Any offenses against children, including, but not limited to, any sexual offenses, contributing to the criminal delinquency of a juvenile, contributing to the delinquency of a child.
(2) The applicant or any of the applicant's officers, directors, operators, employees, resident manager, or any other person involved in the operation of the teen dance center has been convicted within the last ten years of any crime involving moral turpitude not listed above.
(3) The location for which the application has been filed has a history of persistent problems, either in the premises proposed to be licensed or involving patrons of the establishment in the immediate vicinity of such premises. "Persistent problems" shall include, but are not limited to, obtrusive or excessive noise, music, or sound vibrations; public intoxication; fights; harassment; altercations; unlawful drug sales; littering; trespassing on private property; curfew violations; vandalism; graffiti; or use of tobacco by persons under the legal age. Histories of persistent problems from premises currently or previously operated by the applicant may be considered when reasonable inference can be made that similar activities will occur as to the premises proposed to be licensed. The applicant may overcome the history by showing that the problems are not serious or persistent, or by demonstrating an ability and willingness to control adequately the premises and patrons' behavior in the immediate vicinity of the premises;
(4) The applicant or any of the applicant's officers, directors, operators, employees, resident manager, or any other person involved in the operation of the teen dance center has committed any act which, if committed by a licensee, would be grounds for the suspension or revocation of a teen dance center license;
(5) The applicant or any of the applicant's officers, directors, operators, employees, resident manager, or any other person involved in the operation of the teen dance center has previously been denied a license under the provisions of this chapter, provided, however, that any applicant denied a license may reapply if the basis for such denial no longer exists;
(6) The applicant or any of the applicant's officers, directors, operators, employees, resident manager, or any other person involved in the operation of the teen dance center or any person who owns a five percent or more interest in the business, has previously owned or operated a teen dance center and the license for such business has been revoked;
(7) The operation as proposed by the applicant would not comply with all applicable requirements of these Codified Ordinances, including, but not limited to, building, health, planning, zoning, and fire codes of the Municipality or locational restrictions as set out in this chapter;
(8) The applicant has not filed or paid taxes imposed by the Municipality;
(9) The operation puts the health, safety, and welfare of persons under twenty-one years of age at risk; or
(10) Any statement in the application is found to be false or any required information is withheld.
(11) The applicant is not a resident of the City, or does not have a resident manager residing within the City limits of the City of Freeport.
(c) Denial of an application for a teen dance center license may be appealed by following the procedures under Section 869.15.
(Ord. 2000-14. Passed 3-20-00; Ord. 2010-21. Passed 4-19-10.)