(A) The Chief of Police shall issue and deliver written notice to the applicant, and to each City Council member via the City Manager's staff, of his or her order/decision granting, conditionally granting, or denying an application for an entertainment permit. Any such order/decision denying issuance of an entertainment permit shall contain a concise summary of its basis. In addition, the Chief of Police shall direct city staff to post a copy of his or her order/decision at the premises of any entertainment site that is the subject of the application in question. The Chief of Police will use best efforts to effect such issuance and delivery, and to file his or her order/decision as a public record with the City Clerk within five days of the conclusion of the administrative hearing. The Chief of Police's order/decision shall be final unless appealed within ten working days of its issuance, in writing, to the Hearing Officer. Appeals may be made, and shall be governed by the procedures set forth in § 113.10.
(B) The Chief of Police may deny such application if he or she finds and determines any of the following:
(1) The conduct of the establishment or the granting of the application would be contrary to the public health, safety or welfare; or
(2) The premises or establishment is likely to be operated in an illegal, improper or disorderly manner; or
(3) The applicant, or any other person associated with him or her as principal or partner, or in a position or capacity involving partial or total control over the conduct of the business for which such permit is sought to be issued, has been convicted in a court of competent jurisdiction of any offense involving the presentation, exhibition or performance of any obscene show of any kind, or of a felony, or has had any approval, permit or license issued in conjunction with the sale of alcohol or the provision of entertainment revoked within the preceding five years; or
(4) That granting the application would create a public nuisance; or
(5) That the normal operation of the premises at an entertainment site would interfere with the peace and quiet of any surrounding residential neighborhood; or
(6) The applicant has made any false, misleading or fraudulent statement of material fact in the required application.
(Ord. 1510, passed 7-18-07)