86.34(A) The
shall conduct and complete an investigation of the application and present the findings to the
within 30 days after the
deems the application to be complete. The
shall either approve or deny the application. If the
has satisfied the requirements of this Code, the
shall notify the
and issue the license to the
upon payment of the appropriate annual license fee provided in § 86.35(F), with credit as provided in § 86.32(D).
86.34(B) The
shall deny the application if:
86.34(B)(1) The application violates or fails to meet the provisions of this Code, any
, fire or zoning code, statute, ordinance, or regulation;
86.34(B)(2) The application contains material false information, or information material to the decision was omitted; failure to list an individual required to be listed, and whose listing would result in a denial, is presumed to be material false information for purposes of denial of the application; the certification that the licensee owns, possesses, operates and exercises control over the proposed or existing Adult
is a material representation for purposes of this Section;
86.34(B)(3) The
, or other individuals listed pursuant to § 86.37, has a license under this Code, or has had a license under this Code which has been suspended or revoked;
86.34(B)(4) The granting of the application would violate a statute or ordinance, or an order from a court of law that prohibits effectively the
from obtaining an
license; or
86.34(B)(5) An
, or any other individual required to be listed, has been convicted of a
:
86.34(B)(5)(a) For which:
86.34(B)(5)(a)1. Less than two Years has 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; or
86.34(B)(5)(a)2. Less than five Years has 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 felony offense; or
86.34(B)(5)(a)3. Less than five Years has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any 24-month period.
86.34(B)(5)(b) The fact that a conviction is being appealed shall have no effect on the disqualification of the
.
86.34(B)(5)(c) An
who has been convicted of a
may qualify for an
license only when the time period set forth above has elapsed or if his or her civil rights have been restored.
86.34(C) If a
applies for a license at a particular location within a period of one
from the date of denial of a previous application for a license at the location, and there has not been an intervening change in the circumstances material to the decision regarding the former reason(s) for denial, the application shall not be accepted for consideration.
(Ord. 2010-15, passed 10-4-2010)