(A) Reviewing departments. Within three days after receipt of a complete application for an adult establishment license that includes all of the information and documents required pursuant to § 114.16(C), as well as the administrative processing fee and bond or other security required pursuant to § 114.16(B), the Adult Use Commissioner 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, or within any other period of time as the city and the applicant may otherwise agree:
(1) Review the application;
(2) Conduct inspections of the proposed licensed premises and background investigations of the applicant and any of the individuals identified in the application pursuant to § 114.16(C)(1), (2) or (13), 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, articles, rules and regulations; and
(3) Prepare and submit to the Adult Use Commissioner a written report regarding the results and findings of the reviews, inspections and investigations.
(C) Adult Use Commissioner review. The Adult Use Commissioner shall also conduct inspections and investigations as the Adult Use Commissioner 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, articles, 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 Adult Use Commissioner and the reviewing departments shall base their respective written reports, investigations and inspections to the extent necessary, on the diagram submitted pursuant to § 114.16(C)(8). 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.
(E) Applicant cooperation required. An applicant for an adult establishment license shall cooperate fully in the inspections and investigations conducted by the Adult Use Commissioner and the reviewing departments. The applicant’s failure or refusal to give any information reasonably relevant to the investigation of the application; to allow the licensed premises to be inspected; to appear at any reasonable time and place for examination under oath regarding the application; or to otherwise cooperate with the investigation and inspection required by this chapter, 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 Adult Use Commissioner.
(F) Time for issuance or denial. The Adult Use Commissioner shall, within 30 days after submittal of a properly completed application, or within any other period of time as the city and the applicant shall otherwise agree, either issue an adult establishment license pursuant to the provisions of § 114.18(A) or deny issuance of the adult establishment license pursuant to the provisions of § 114.18(B). The Adult Use Commissioner shall issue or deny the license within the 30-day period or any other period of time as shall have been agreed to by the city and the applicant, regardless of whether or not the Adult Use Commissioner has received all of the reviewing department reports.
(G) Decision final. The action taken by the Adult Use Commissioner to issue or deny an adult establishment license pursuant, respectively, to § 114.18(A) or (B) shall be final and shall be subject to judicial review.
(1990 Code, § 14-207) (Ord. 98-1860, passed 10-30-1998; Ord. 2002-2060, passed 8-5-2002)