(A) The application of any applicant shall be approved or denied by the Town Clerk within 14 days of the date the application is filed with the Town Clerk. The Town Clerk shall deny a license if:
(1) The applicant is under the age of 18 years;
(2) The applicant has made a false statement upon the application or has given false information in connection with an application;
(3) The applicant or any holder of any class of stock, or a director, officer, partner or principal of the applicant has had an adult business license revoked or suspended anywhere within the state within one year prior to the application;
(4) The applicant has operated an adult business which has determined to be a public nuisance under state law or this code within one year prior to the application;
(5) A corporate applicant is not in good standing or authorized to do business in the state; or
(6) The applicant is overdue in the payment to the town of taxes, fees, fines or penalties assessed against him or her or imposed against him or her in relation to an adult business;
(7) The applicant has not obtained the required sales tax license; and/or
(8) The applicant has been convicted of a specified criminal act within the five-year period prior to the date the application is filed with the Town Clerk.
(B) (1) In the event that the Town Clerk denies a license, he or she shall make written findings of fact stating the reasons for the denial, and a copy of such decision shall be sent by first class mail to the address shown in the application. An applicant shall have the right to a hearing before the Municipal Judge, as set forth in § 115.009(C) of this chapter.
(2) A written request for such hearing shall be made to the Municipal Judge within ten days of the date of the denial of the license by the Town Clerk.
(3) This hearing shall be held within 14 days from the date a timely request for hearing is received by the Municipal Judge and shall follow all the relevant procedures set forth for a suspension or revocation of a license contained in § 115.009(C) of this chapter.
(a) At the hearing referred to above, the Municipal Judge shall hear such statements and consider such evidence as the Police Department or other enforcement officers, the applicant or other party in interest or any other witness shall offer which is relevant to the denial of the license application by the Town Clerk.
(b) If the Municipal Judge determines that the applicant is ineligible for a license per division (A) above, he or she shall issue an order sustaining the Town Clerk’s denial of the application, within two days after the hearing is concluded, based on findings of fact. A copy of the order shall be mailed to the applicant at the address supplied on the application.
(c) The order of the Municipal Judge made pursuant to division (B)(2) above shall be a final decision and may be appealed to the District Court pursuant to Colorado Rules of Civil Procedure § 106(a)(4). Failure of an applicant to timely follow the limits specified above constitutes a waiver by him or her of any right he or she may otherwise have to contest the denial of his or her license application.
(C) If any town official or department fails to render a timely decision pursuant to the terms of this chapter, then said official or department shall be deemed to have approved or consented to the issuance of the requested license.
(Prior Code, § 760.8) (Ord. 498, passed 1-6-2005)