(A) Upon receipt of an application for an adult entertainment business license, the Town Manager or his or her designee shall promptly request that the Town Director of Planning and Zoning review the information provided in the application concerning the criminal background of the applicant(s) and that the Director of Planning and Zoning transmit the results of the investigation in writing to the Town Manager or his or her designee within five business days of the completion of the investigation.
(B) Within five business days of receipt of an application for an adult entertainment business, the Town Manager or his or her designee shall notify the Town Fire Chief of such application. In making such notification, the Town Manager or his or her designee shall request that the Fire Chief promptly inspect the premises for which the adult entertainment business license is sought to assess compliance with all applicable regulations under this jurisdiction.
(C) The Fire Chief shall provide to the Town Manager or his or her designee a written certification of whether the premises are in compliance with the town’s fire regulations within ten business days of receipt of notice of the application.
(D) The Town Director of Planning and Zoning shall commence the inspection of the premises for which an adult entertainment business license is sought promptly upon receipt of the application, and shall complete, within ten business days after receipt of the application, a written certification of whether the premises are in compliance with the town’s Zoning Ordinance.
(E) Within 30 days after receipt of a completed adult entertainment business license application, the Town Manager or his or her designee shall approve or deny the issuance of a license. The Town Manager or his or her designee shall approve the issuance of a license to an applicant unless he or she determines that one or more of the following findings are true:
(1) An applicant who is a natural person is under 18 years of age;
(2) An applicant has failed to provide all information and documents required for issuance of the license as requested on the application form, or has provided information or documents as requested on the application that are insufficient on their face; provided, however, that no license shall be denied solely on the ground that an applicant has refused to disclose its Social Security number;
(3) An applicant has, within the preceding 12 months, been denied an adult entertainment business license by any jurisdiction or has had a license to operate an adult entertainment business revoked by any jurisdiction;
(4) An applicant has been convicted of a specified criminal activity as defined in this ordinance;
(5) The proposed adult entertainment business would violate or fail to be in compliance with any provisions of this ordinance, the town’s Zoning Ordinance, any state statute or regulation, or any federal statute or regulation;
(6) The application and investigation fee required by this ordinance has not been paid; and/or
(7) An applicant is in violation of or not in compliance with any provision of this ordinance, except as provided in § V(F) of this section.
(F) An adult entertainment business license shall state on its face the name of the applicant, the expiration date and the address of the licensed adult entertainment business. All adult entertainment business licenses shall be posted in a conspicuous place at or near the entrance to the business so that they may be easily read at any time.
(G) The Town Manager or his or her designee shall advise the applicant in writing within three business days of the decision of the reasons for any license denial. If the Town Manager finds, subsequent to denial, that the basis for the denial of the license has been corrected or abated, the applicant may reapply.
(Ord. 21-97, passed - -1997; Ord. 3-2000, passed - -2000; Ord. 51-2005, passed 10-10-2005; Ord. 02-2009, passed 1-26-2009)