(a) The Director shall not approve the issuance of a permit and/or license to an applicant within thirty (30) days after receipt of an application if he finds one or more of the following to be true:
(1) An applicant is under eighteen (18) years of age.
(2) An applicant or an applicant’s spouse is overdue in his payment to the City, the State of West Virginia or the United States Government of taxes, fines, or penalties assessed against him or imposed upon him in relation to a sexually oriented business.
(3) An applicant has failed to provide information, reasonably necessary for issuance of the permit and/or license or has falsely answered a question or request for information on the application form.
(4) An applicant is residing with a person who has been denied a permit and/or license by the City to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose license to operate a sexually oriented business has been revoked with in the preceding twelve (12) months.
(5) The premises to be used for the sexually oriented business have not been approved by the Health Department or Building Official as being in compliance with applicable laws or ordinances.
(6) The permit and/or license fee required by this article has not been paid.
(7) An application of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
(b) The permit and/or license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The permit and/or license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(c) The Health Department, Fire Department and Building Official shall complete their certification that the premises is in compliance or not in compliance within twenty (20) days of receipt of the application by the Director. The certification shall be promptly presented to the Director.
(d) In the event that the Director determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within forty- five (45) days of the receipt of its application by the Director, provided that the applicant may request in writing, that such period be extended for an additional period of not more than ten (10) days at any time before the notice is issued in order to make modifications necessary to comply with this article.
(e) An applicant may appeal the decision of the Director regarding a denial to City Council by filing a written notice of appeal with the City Clerk within fifteen (15) days after the applicant is given notice of the Director’s decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Director may submit a memorandum in response to the memorandum filed by the applicant on appeal to City Council. After reviewing such memoranda, as well as the Director’s written decision, if any, and exhibits submitted to the Director, the City Council shall vote to either uphold or overrule the Director’s decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the City Clerk receives the notice of appeal. However, all parties shall be required to comply with the Director’s decision during the pendency of the appeal, unless the establishment is already in operation, in which event the establishment may remain in operation in accordance with this article. (12-14-04)