(A) The Town Council or its designee shall grant or deny an application for a permit within 30 days from the date of its proper filing. Upon the expiration of the thirtieth day, unless the applicant requests and is granted a reasonable extension of time, the applicant shall be permitted to begin operating the business for which the permit is sought, unless and until the county or its designee notifies the applicant of a denial of the application and states the reason(s) for that denial.
(B) Grant of applicant for permit.
(1) The Town Council or its designee shall grant the application unless one or more of the criteria set forth in division (C) below is present.
(2) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit shall also indicate that the sexually oriented business whether permitted or not may be subject to indecency laws. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be read at any time.
(C) Denial of application for permit.
(1) The Town Council or its designee shall deny the application for any of the following reasons:
(a) An applicant is under 18 years of age;
(b) An applicant is overdue on his or her payment to the county or town of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business;
(c) An applicant has failed to provide information required for the issuance of the permit or has knowingly falsified information on the application form or require to be submitted with the application form;
(d) The premises to be used for the sexually oriented business has not been approved as being in compliance with health, fire, and building codes by the department or agency responsible for compliance with the same;
(e) The application or permit fees required by this chapter have not been paid;
(g) The granting of the application would violate a statute, ordinance, zoning ordinance, or court order;
(h) The applicant has a permit under this chapter which has been suspended or revoked;
(i) An applicant has ever been convicted of a felony or any criminal offense related to prostitution or pornography. The fact that a conviction is being appealed or has been reduced to a misdemeanor shall have no effect on the disqualification of the applicant; and/or
(j) An applicant knowingly has in his or her employ, an employee who does not have a valid license as required by this chapter.
(2) If the Town Council or its designee denies the application, the town shall notify the applicant of the denial and state the reason(s) for the denial. The denied applicant shall have an opportunity for appeal of the Town Council’s or their designee’s decision as set forth in § 111.29 of this chapter.
(3) If a person applies for a permit for a particular location within a period of 12 months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(Ord. 2009-7, passed 12-30-2009)