§ 1-10-124. Grant; denial.

(a)

Time period for granting or denying license.

(1)

The community development department shall grant or deny an application for a new, renewal or transfer license under this article within fifty (50) days from the date of its proper filing. Any denial shall state the reasons for the denial.

(2)

Failure to timely grant or deny an application for a license under this article shall serve to ripen an appropriate action to compel a decision on the application. The county will cooperate with the applicant to assure his entitlement to prompt judicial review of the county's failure to timely grant or deny the application. All operations of the sexually oriented business under this special provision shall conform to the provisions of chapter 3-9 of this code and sections 1-10-128, and 1-10-133 through 1-10-140 of this article.

(b)

Granting of application for license. If there is no basis for denial of a license under this article, pursuant to subsection (c) of this section, the community development department shall grant the application, notify the applicant of the granting, and issue the license to the applicant upon payment of the appropriate annual license fee provided in section 1-10-127 of this article, with credit as provided in section 1-10-122 of this article.

(c)

Denying of application for license.

(1)

The community development department shall deny the application for a license under this article for any of the following reasons:

a.

The application contains material false information, or information material to the decision was omitted; failure to list an individual required to be listed, pursuant to subsection 1-10-122(b)(1) of this article, and whose listing would result in a denial pursuant to subsections (c)(1)b and (c)(1)d of this section, 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 sexually oriented business is a material representation for purposes of this section.

b.

The applicant or any of the other individuals listed pursuant to subsection 1-10-122(b)(1) of this article holds or has held a license under this article, or any other ordinance regulating sexually oriented businesses, which has been suspended or revoked for reasons which would be sufficient to warrant suspension or revocation under this article and from which less than ten (10) years have elapsed since the date of revocation or from which less than two (2) years have elapsed since the date of suspension.

c.

The granting of the application would violate a statute, ordinance, or an order from a court of law.

d.

An applicant, or any of the other individuals listed pursuant to subsection 1-10-122(b)(1) of this article, has been convicted of a specified criminal act:

1.

For which:

i.

Less than two (2) years have 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;

ii.

Less than five (5) years have 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

iii.

Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

2.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

3.

An applicant who has been convicted of a specified criminal act may qualify for an license only when the applicable time period required by subsection (c)(1)d.1 of this section has elapsed.

e.

Abandonment of the application pursuant to section 1-10-122(d) of this article.

(2)

If the community development department denies the application, it shall notify the applicant of the denial, and state the reason(s) for the denial.

(3)

If a person applies for a license at a particular location within a period of six (6) months 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.

(d)

Compliance with other laws required. The granting of a license under this article does not act as a certification that the proposed sexually oriented business meets all provisions of this article or of any health, building or zoning statute, code, ordinance, or regulation. The existing sexually oriented business and any proposed sexually oriented business, once established, must meet all code provisions required of all regulated businesses, including the provisions of this article.

(Ord. No. 99-036, § 1, 9-20-99)