(a) The Town Manager or the Town Manager's designee shall approve issuance of a rave club permit within 60 days after receipt of an application unless the Town Manager or said manager's designee finds one or more of the following to be true:
(1) An applicant is under 18 years of age;
(2) An applicant has failed to answer or falsely answered a question(s) or request for information on the application provided;
(3) An applicant has been convicted of a violation of any rave club regulation within two years immediately preceding the application;
(4) An applicant has failed to obtain a certification from the Fire Marshal that the rave club complies with all applicable provisions of Chapter 45, Town Code, relating to fire prevention, relative to places of assembly, including, but not limited to, maximum permitted occupancy load and places of assembly;
(5) An applicant has failed to obtain a certification from the Building Official that the rave club complies with all applicable provisions of the Land Development Code, Appendix A, including, but not limited to, parking and places of assembly; or
(6) An applicant has been convicted of a crime:
(A) Involving:
1. Any felony; or
2. Any misdemeanor offense of Florida Statutes: Chapter 784, assault, battery, culpable negligence; Chapter 787, kidnapping, false imprisonment, luring or enticing a child, custody offenses; Chapter 790, weapons and firearms; Chapter 794, sexual battery; Chapter 800, lewdness, indecent exposure; Chapter 812, theft, robbery and related crimes; Chapter 827 abuse of children; Chapter 837, perjury; Chapter 856, drunkenness, open house parties, loitering, prowling, desertion; Chapter 562, selling, serving or giving alcoholic beverages to a minor; Chapter 859, poisons, adulterated drugs; Chapter 870, affrays, riots, routs, unlawful assemblies; Chapter 874, street terrorism enforcement and prevention; Chapter 877, miscellaneous crimes; and Chapter 893, drug abuse prevention and control, as said chapters currently exist or may be amended or superceded from time to time; or
3. Any violation of rave club regulations of any other town, county, state or government; and
(B) For which:
1. Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
2. Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
3. Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.
(7) An applicant has been convicted of a felony involving any sexual crime against a minor.
(b) The fact that a conviction is being appealed has no effect on the disqualification of the applicant under division (a) above.
(c) An applicant who has been convicted of an offense listed in division (a)(6)a. may qualify for a rave club permit only when the time period required by division (a)(6)b. has elapsed.
(d) The application shall be reviewed by the Police Department, the Fire Department and the Town Manager or the Town Manager's designee for compliance with the provisions of this section. Review shall be conducted by the Police Department and the Fire Marshal/ Inspector within 30 days from the receipt of the application by the Town Manager or designee, and their comments forwarded to the Town Manager or designee for consideration in issuance of the permit in accordance with the provisions hereof.
(e) The Town Manager or designee, upon approving the issuance of a rave club permit, shall send to the applicant, by hand delivery or U.S. mail, written notice of that action and state where the applicant must pay the permit fee and obtain the permit. The Town Manager's approval of the issuance of the permit does not authorize the applicant to operate a rave club until the applicant has paid all fees required by this chapter and obtained possession of the permit.
(f) The permit shall state on its face the name of the person to whom it is granted, the expiration date, the address of the rave club, and whether it is issued for a juvenile rave club or an adult rave club.
(g) The permit must be posted in a conspicuous place at or near the entrance to the rave club so that it may be easily read at anytime.
(Ord. 2002-02, passed 4-17-02)