(A) Denial of license application.
(1) The City Manager may refuse to recommend issuance of a license for the operation of any business regulated by this subchapter. The City Manager's written recommendation shall list all reasons for the recommendation based upon the following criteria:
(a) An applicant is under 18 years of age.
(b) An applicant is overdue in his or her payment to the city of taxes, fees, fines, or penalties assessed against or imposed in relation to a cabaret or club cabaret.
(c) An applicant has failed to provide information requested in the application for the issuance of the license or has falsely answered a question or request for information on the application forms.
(d) An applicant has been convicted of a violation of a provision of this section, other than the offense of operating a cabaret or club cabaret without a license, within two years immediately preceding the filing of the application.
(e) The premises to be used for the cabaret or club cabaret has not been approved by the Health Department, Fire Department, or Building Official; or the premises is not in compliance with applicable laws and ordinances.
(f) The license fee required by this section has not been paid.
(g) An applicant has a record of conviction for an offense involving gambling, narcotics, prostitution, pandering, pornography, public indecency, sexual assault, or any violation of any provision of this subchapter within the preceding two years.
(h) The applicant is not in compliance with applicable zoning ordinances.
(i) The Chief of Police reports that the applicant is presently unfit to operate a cabaret or club cabaret due to the applicant's overall criminal record, regardless of the date of any criminal conviction. In making this determination, the Chief of Police shall consider the following factors:
1. The extent and nature of past criminal activities;
2. The age at the time of the commission of the crime;
3. The amount of time that has elapsed since the last illegal activity;
4. The conduct and work activity prior to and following the illegal activity;
5. Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
6. Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for that person, the Sheriff and Chief of Police in the community where the applicant resides, and any other persons in contact with the applicant.
(2) Any denial of a license application based upon the recommendation of the City Manager under division (A)(1)(a) through (h) of this section may be appealed to the City Council by notifying the City Clerk in writing within five calendar days of the denial of the license application. The City Council shall hear the appeal and decide whether to affirm, reverse or modify the city's decision within 45 days of the receipt of the written appeal. The decision of the City Council shall constitute a final decision. The filing of an appeal shall not stay a City Council decision under division (A)(1)(a) through (h) of this section to deny an application for a cabaret license, unless the application is for further renewal of an existing cabaret or club cabaret license. If the application is for the renewal of an existing cabaret or club cabaret license, the applicant may continue to operate unless the city obtains a temporary restraining order or other injunctive relief in the Circuit Court, requiring the cessation of operation pending the appeal.
(3) Any denial of a license application based upon the recommendation of the City Manager under division (A)(1)(i) of this section shall constitute a final decision and may be appealed directly to the Circuit Court. Within 14 business days of the city's denial based upon the City Manager's recommendation for denial of the application for a cabaret license, when made under division (A)(1)(i) of this section, the city shall file an action in the Circuit Court seeking a declaratory judgment affirming the City Manager decision. If the city files for a declaratory judgment within 14 days of the City Manager's decision, the filing of an appeal shall not stay the city's decision under division (A)(1)(i) of this section to deny an application for a cabaret license, unless otherwise ordered by the Circuit Court.
(B) Suspension or revocation of an existing cabaret license.
(1) The City Manager may suspend or revoke an existing cabaret license for the operation of any business regulated by this subchapter, to be effective at the expiration of the appeal period set forth in this section unless otherwise ordered by a court of competent jurisdiction. The City Manager's written suspension or revocation shall list all reasons for the suspension or revocation based upon the following criteria:
(a) A licensee is discovered to be under 18 years of age.
(b) A licensee is found to be overdue in his or her payment to the city of taxes, fees, fines, or penalties assessed against or imposed in relation to a cabaret or club cabaret.
(c) A licensee has falsely answered a question or request for information on the application forms.
(d) A licensee has been convicted of a violation of a provision of this section, other than the offense of operating a cabaret or club cabaret without a license, within two years immediately preceding the filing of the application.
(e) The premises used for the cabaret or club cabaret is no longer approved by the Health Department, Fire Department, or Building Official; or the premises is no longer in compliance with applicable laws and ordinances.
(f) A licensee is convicted for an offense involving gambling, narcotics, prostitution, pandering, pornography, public indecency, sexual assault, or any violation of any provision of this subchapter within the preceding two years.
(g) The Chief of Police reports that the licensee is presently unfit to operate a cabaret or club cabaret due to the applicant's overall criminal record, regardless of the date of any criminal conviction. In making this determination, the Chief of Police shall consider the following factors:
1. The extent and nature of past criminal activities;
2. The age at the time of the commission of the crime;
3. The amount of time that has elapsed since the last illegal activity;
4. The conduct and work activity prior to and following the illegal activity;
5. Evidence of any rehabilitation or rehabilitative effort while incarcerated or following release; and
6. Other evidence of present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for that person, the Sheriff and Chief of Police in the community where the applicant resides, and any other persons in contact with the licensee.
(2) Any suspension or revocation by the City Manager under division (B)(1)(a) through (f) of this section may be appealed to the City Council by notifying the City Clerk in writing within five calendar days of the license suspension or revocation. The City Council shall hear the appeal and decide whether to affirm, reverse or modify the City Manager's decision within 45 days of the receipt of the written appeal. The decision of the City Council shall constitute a final decision. The filing of an appeal shall stay a City Manager or City Council decision under division (B)(1)(a) through (f) of this section to suspend or revoke a cabaret license.
(3) Any suspension or revocation by the City Manager under division (B)(1)(g) of this section shall constitute a final decision and may be appealed directly to the Circuit Court. Within 14 business days of the City Manager's suspension or revocation of a cabaret license under division (B)(1)(g) of this section the city may file an action in the Circuit Court seeking a declaratory judgment affirming the City Manager decision. If the city files for a declaratory judgment within 14 days of the City Manager's decision, the filing of an appeal shall stay the City Manager's decision under division (B)(1)(g) of this section to suspend or revoke a cabaret license, unless otherwise ordered by the Circuit Court.
(Ord. 816, passed 2-20-08)