§ 112.18 STANDARDS FOR ISSUANCE OR DENIAL.
   (A)   Issuance. The Adult Use Commissioner shall issue an adult establishment license to any applicant if, and 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 department 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 § 112.16 of this code 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, adult theaters and adult cabarets, all persons identified in the application pursuant to §§ 112.16(C)(1), 112.16(C)(2) or 112.16(C)(13) of this code are at least 18 years of age and not under any legal disability.
      (3)   No person identified in the application pursuant to §§ 112.16(C)(1), § 112.16(C)(2) and 112.16(C)(13) of this code has been convicted of, or pleaded no contest to, any specified criminal act within 5 years immediately preceding the date of the application;
      (4)   (a)   No person identified in the application pursuant to §§ 112.16(C)(1) or 112.16(C)(2) of this code has been convicted of, or pleaded no contest to, any violation of a provision of this chapter within 5 years immediately preceding the date of the application, is residing with, or married to, a person:
            1.   Who has been denied an adult establishment license on the licensed premises within 12 months immediately preceding the date of the application;
            2.   Whose adult establishment license has been revoked within 12 months immediately preceding the date of the application; or
            3.   Whose adult establishment license is currently under suspension at the time of application;
         (b)   Provided, however, that this prohibition shall not disqualify an applicant if the Adult Use Commission finds that the applicant was not chosen or used for purposes of subterfuge or to otherwise avoid the fact that the person with whom the persons identified in the application pursuant to §§ 112.16(C)(1) or 112.16(C)(2) of this code is residing with, or married to, would not be eligible for an adult establishment license pursuant to this chapter;
      (5)   No person identified in the application pursuant to §§ 112.16(C)(1) or 112.16(C)(2) of this code is overdue on payment to the city of taxes, fees, fines, or penalties assessed against, or imposed on, any of these individuals in connection to any adult entertainment establishment;
      (6)   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; and
      (7)   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 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 1 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 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 business 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. 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, any denial shall take effect on the 14th day after the Adult Use Commissioner’s written decision is delivered in person or on the 17th day after the Adult Use Commissioner’s written decision is placed in the U.S. mail as provided in this division.
   (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.
(1983 Code, § 13-57) (Ord. 2995, passed 9-9-2002; Am. Ord. 3078, passed 11-4-2004)