(A) The City Clerk shall transmit a copy of the completed application, containing all the required information outlined in this section to the Tax Collector for privilege licensing, Police Department for an investigative report, the Planning Department to determine compliance with all zoning, building regulations and ordinances and the Fire Department to determine compliance with any law relating to the fire protection.
(B) The Police, Planning and Fire Departments shall, within a reasonable time, report the results of their examinations to the Director of Planning. The Director of Planning shall check the information for completeness and prepare findings. These findings shall be presented to the City Planning and Zoning Board for the City Council. The intent is to combine the special use permit with the licensing procedures of this subchapter in order to process the license and the special use permit at the same time.
(C) A completed application accompanied by all required information outlined in this section and all reports and recommendations as outlined in this section shall be submitted to the City Clerk and placed on the agenda of the next regularly scheduled Council meeting. Advertising and other procedures associated with a quasi-judicial hearing must be followed.
(D) Upon the receipt of said application for a sexually oriented business license, the City Council shall review the special use application, the site plan and the sexually oriented business license application and approve the issuance of the license if the Council determines that:
(1) The application contains no misstatement of fact;
(2) The applicant, or any person or entity having any legal or beneficial ownership interest in the application, has not been convicted of a sexually related crime, prostitution or a violation of any law relative to prostitution, crime involving sexual misconduct as codified in the laws of the United States, this or any other state, including, but not limited to, convictions of violations of the offenses enumerated in G.S. Ch. 14, Articles 26, 26A and 27, or the same offenses as codified in the laws of the United States, this or any other state;
(3) The applicant conforms to all requirements of applicable Zoning, Building and Fire Prevention Codes; and
(4) The applicant or person, corporation, partnership, association or other entity having a legal or beneficial ownership interest in the applicant has not, for the five-year period preceding the application, had a previously issued license for engaging in any sexually oriented business that has been suspended or revoked anywhere.
(Ord. passed 11-26-2002, § 116.04; Ord. 2021-Z-19, passed 6-22-2021)