(a) The Chief of Police shall grant or deny the application for a permit within 30 days from the date of its proper filing. If 30 days have passed and the permit has not been granted or denied, unless the applicant requests and is granted an extension of time, or the time has been extended pursuant to Section 812.04(h), the applicant shall be issued a temporary adult entertainment facility permit and be permitted to begin operating the business for which the adult entertainment facility permit is sought, until the Chief of Police notifies the applicant of a grant of an adult entertainment facility permit or denial of the application and states the reason(s) for that denial. Operators who commence operations after the 30-day period (i.e. 30 days after the application is properly filed) while approval or denial is pending do so at their own risk as to the costs involved, but shall not be subject to prosecution for failure to obtain an adult entertainment facility permit, unless the application is denied and the operation is continued thereafter. If the application is denied, the appeal process set out in Section 812.26 shall apply.
(b) Grant of Application for Adult Entertainment Facility Permit.
(1) The Chief of Police shall grant the application unless one or more of the criteria set forth in division (c) of this section is present.
(2) The adult entertainment facility permit, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the type of adult entertainment facility approved and the address of the adult entertainment facility. The adult entertainment facility permit shall be posted in a conspicuous interior location at or near the entrance to the adult entertainment facility so that it can be read easily at any time by a reasonable person.
(c) Denial of Application for Adult Entertainment Facility Permit.
(1) The Chief of Police shall deny the application for any of the following reasons:
A. Any applicant, other than an entity, is under 18 years of age;
B. Any applicant is overdue on his or her payment to the City, County, State, Federal, or other political subdivision, taxes, fees, fines, or penalties assessed or imposed upon him or her or it in relation to an adult entertainment facility;
D. Granting of the application would violate a court order;
E. Any applicant has an adult entertainment facility permit under this chapter which has been suspended more than three times or revoked at least once during the five-year period preceding the application; or
F. Any applicant has been convicted of a specified criminal act for which: (i) less than two years have elapsed since the date of conviction, the date of completion of probation, or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts; (ii) less than five years have elapsed since the date of conviction, the date of completion of probation, parol or community control, or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense, for the specified criminal acts; (iii) less than five years have elapsed since the date of conviction, that date of completion of probation, parol or community control, or the date of release from confinement, whichever is the later date, if the convictions are of two or more misdemeanor offenses arising out of different incidents for specified criminal acts offenses occurring within any 24-month period. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of the above-described specified criminal acts may qualify for an adult entertainment facility permit only when the time period required above has elapsed.
G. The location of the proposed adult entertainment facility fails to satisfy the location and distance criteria set forth in the Vandalia Zoning Code.
H. An applicant knows or should have known that he or her she or it has in his or her or its employ an employee who does not have a valid license as required in Section 812.13.
I. The adult entertainment facility is not in compliance with City health, fire, and/or building codes as determined by the governmental agency responsible for determining such compliance.
(2) If the Chief of Police denies the application, he or she shall promptly notify the applicant of the denial in writing and state the reason(s) for the denial.
(3) If a person applies for an adult entertainment facility permit for a particular location within a period of 12 months from the date of denial of a previous application for an adult entertainment facility permit at the same location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.
(4) A permittee shall not operate an adult entertainment facility under the authority of an adult entertainment facility permit at any place other than the address designated in the application.
(Ord. 08-13. Passed 6-16-08.)