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An applicant for an adult establishment license shall cooperate fully in the inspections and investigations conducted by the Adult Use Commission and the reviewing departments. The applicant’s failure or refusal of any of the following shall constitute an admission by the applicant that the applicant is ineligible for an adult establishment license and shall be grounds for denial of the license by the Adult Use Commission:
(A) To give any information reasonably relevant to the investigation of the application;
(B) To allow the licensed premises to be inspected;
(C) To appear at any reasonable time and place for examination under oath regarding the application; or
(D) To otherwise cooperate with the investigation and inspection required by this section.
(1980 Code, § 119.054) (Res. 99-320, passed 8-19-1999)
The Adult Use Commission shall, within 30 days after submittal of a properly completed application, either issue or deny issuance of an adult establishment license pursuant to the provisions of §§ 119.070 through 119.073. The Adult Use Commission shall issue or deny the license within a 30-day period regardless of whether or not the Adult Use Commission has received all of the reviewing department reports.
(1980 Code, § 119.055) (Res. 99-320, passed 8-19-1999)
STANDARDS FOR LICENSE ISSUANCE OR DENIAL
The Adult Use Commission shall issue an adult establishment license to an applicant if, but only if, the Adult Use Commission finds and determines all of the following, based on the reports, investigations and inspections conducted by the Adult Use Commission and the reviewing departments and on any other credible information on which it is reasonable for the Adult Use Commission to rely.
(A) All information and documents required by § 119.038 of this chapter for issuance of an adult establishment license have been properly provided and the material statements made in the application are true and correct.
(B) For adult stores and adult theaters, all persons identified in the application pursuant to § 119.038 of this chapter are at least 18 years of age and not under any legal disability. For adult cabarets, all persons identified in the application pursuant to § 119.038 are at least 21 years of age and not under any legal disability.
(C) No person identified in the application pursuant to § 119.038 has been convicted of, or pleaded nolo contendere to, any specified criminal act within five years immediately preceding the date of the application.
(D) No person identified in the application pursuant to § 119.038 has been convicted of, or pleaded nolo contendere to any violation of a provision of this chapter within five years immediately preceding the date of the application.
(E) No person identified in the application pursuant to § 119.038 is overdue on payment to the county of taxes, fees, fines or penalties assessed against, or imposed on, any individual in connection to any adult entertainment establishment.
(F) No person identified in the application pursuant to § 119.038 is residing with, or married to, a person who has been denied an adult establishment license within 12 months immediately preceding the date of the application; whose adult establishment license has been revoked within 12 months immediately preceding the date of the application; or whose adult establishment license is under suspension at the time of application.
(G) The adult entertainment establishment and the licensed premises, and the proposed operation of the adult entertainment establishment, comply with all then-applicable building, health and life safety codes and regulations and have received all necessary zoning approvals required pursuant to the then-applicable provisions of the County Zoning Ordinance, including specifically, but without limitation, the zoning certificate required for the adult entertainment establishment.
(H) The applicant has confirmed in writing and under oath as part of the application that the applicant has read this chapter and all provisions of the County Zoning Ordinance applicable to adult entertainment establishments, that the applicant is familiar with their terms and conditions, and that the licensed premises and the proposed adult entertainment establishment and its proposed operation are and shall be in compliance therewith.
(1980 Code, § 119.065) (Res. 99-320, passed 8-19-1999)
If the Adult Use Commission determines that the applicant has not met any one or more of the conditions set forth in this chapter, the Adult Use Commission shall deny issuance of the adult establishment license and shall give the applicant a written notification and explanation of the denial. The Adult Use Commission’s notice of denial shall be delivered in person or by certified Unites States mail, postage prepaid, return receipt requested, addressed to the applicant’s address as set forth in the application. The adult establishment license shall be deemed denied on the day that the notice of denial is delivered in person or three days after it is placed in the United States mail as provided in this section.
(1980 Code, § 119.066) (Res. 99-320, passed 8-19-1999)
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