§ 119.070  ISSUANCE.
   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license within 12 months immediately preceding the date of the application; whose adult establishment license has been revoked within 12 months immediately preceding the date of the application; or whose adult establishment license is under suspension at the time of application.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)