(A) Issuance. The Adult Use Commissioner shall issue an adult establishment license to an applicant if, but only if, the Adult Use Commissioner finds and determines all of the following, based on the reports, investigations and inspections conducted by the Adult Use Commissioner and the reviewing departments and on any other credible information on which it is reasonable for the Adult Use Commissioner to rely:
(1) All information and documents required by this section for issuance of an adult establishment license have been properly provided and the material statements made in the application are true and correct;
(2) For adult stores and adult theaters, all persons identified in the application pursuant to § 114.16(C)(1), (2) or (13) are at least 18 years of age and not under any legal disability. For adult cabarets, all persons identified in the application pursuant to § 114.16(C)(1), (2) and (13) are at least 21 years of age and not under any legal disability;
(3) No person identified in the application pursuant to § 114.16(C)(1), (2) or (13) has been convicted of, or pleaded nolo contendere to, any violation of a provision within five years immediately preceding the date of the application;
(4) No person identified in the application pursuant to § 114.16(C)(1), (2) or (13) is residing with or married to a person:
(a) Who has been denied an adult establishment license on the licensed premises within 12 months immediately preceding the date of the application;
(b) Whose adult establishment license for the licensed premises has been revoked within 12 months immediately preceding the date of the application; or
(c) Whose adult establishment license is under suspension at the time of application.
(5) The adult entertainment establishment and the licensed premises and the proposed operation of the adult entertainment establishment comply with all then-applicable building, health and life safety codes and regulations and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the city zoning ordinance, including specifically but without limitation the special use permit required for the adult entertainment establishment; and
(6) The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of the city zoning ordinance (see Ch. 152) applicable to adult entertainment establishments, that the applicant is familiar with their terms and conditions and that the licensed premises and the proposed adult entertainment establishment and its proposed operation are and shall be in compliance therewith.
(B) Denial. If the Adult Use Commissioner determines that the applicant has not met any one or more of the conditions set forth in division (A) of this section, then the Adult Use Commissioner shall deny issuance of the adult establishment license and shall give the applicant a written notification and explanation of the denial. The Adult Use Commissioner’s notice of denial shall be delivered in person or by certified U.S. mail, postage prepaid, return receipt requested, addressed to the applicant’s address as set forth in the application. With regard to a license application for a new adult entertainment establishment, the adult establishment license shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the U.S. mail as provided in this division (B). With regard to an application for renewal of an existing adult entertainment establishment license, in order to allow an aggrieved licensee an opportunity to obtain judicial review, the denial shall take effect either on the fourteenth day after the Adult Use Commissioner’s written decision is delivered in person, or on the seventeenth day after the Adult Use Commissioner’s written decision is placed in the U.S. mail as provided in this division (B).
(C) License deemed to be issued. If the Adult Use Commissioner does not issue or deny the adult establishment license within 30 days after the properly completed application is submitted, then the adult establishment license applied for shall be deemed to have been issued.
(1990 Code, § 14-208) (Ord. 98-1860, passed 10-30-1998; Ord. 2002-2060, passed 8-5-2002)