(a) Within thirty days after receipt of a completed special use business application, the City shall approve or deny the issuance of a permit to an applicant. The City shall approve the issuance of a permit to an applicant, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1) An applicant is under eighteen years of age.
(2) An applicant or a person with whom applicant is residing is overdue in payment to the City of taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business.
(3) An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.
(4) An applicant or a person with whom the applicant is residing has been denied a permit by the City to operate a business requiring a special use permit within the preceding twelve (12) months or whose license to operate a business requiring a special use permit has been revoked within the preceding twelve (12) months.
(5) An applicant or a person with whom the applicant is residing has been convicted of a specified criminal activity defined in this article.
(6) The premises to be used for the special use business have not been approved by the health department, fire department, and the building officials as being in compliance with applicable laws and ordinances.
(7) The permit fee required by this article has not been paid.
(8) An applicant of the proposed establishment is in violation of or is not in compliance with any of the provisions of this article.
(b) The permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the special use business. All licenses shall be posted in a conspicuous place at or near the entrance to the special use business so that they may be easily read at any time.
(c) The health department, fire department, and the building official shall complete their certification that the premises is in compliance or not in compliance within twenty days of receipt of the application by the City.
(d) A permit granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the City that the applicant has not been convicted of any specified criminal activity as defined in this article or committed any act during the existence of the previous permit, which would be grounds to deny the initial permit application. The renewal of the permit shall be subject to the payment of the fee as set forth in Section 1329.05.
(e) Special use businesses existing prior to the enactment of this article shall not be required to obtain a special use permit.
(Passed 5-6-04.)