§ 11-35. Grant; denial.

(a)

Time period for granting or denying license.

(1)

The city manager shall grant or deny an application for an adult dancing establishment within forty-five (45) days from the date of its proper filing. Upon the expiration of the forty-five-day period, the applicant may begin—and shall be allowed at its discretion to begin—operating the establishment for which a license is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for the denial.

(2)

The city manager shall grant or deny an application for an adult bookstore or adult theater within fourteen (14) days from the date of proper filing. Upon the expiration of the fourteenth day, the applicant may begin—and shall be allowed at its discretion to begin—operating the establishment for which a license is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for that denial.

(b)

Granting of application for license. If each of the departments has approved the application, the city manager 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 as provided in sections 11-36 and 11-37 with credit as provided in subsection 11-33(c).

(c)

Denying of application for license.

(1)

The city manager shall deny the application for any of the following reasons:

a.

Any of the departments, excluding the police department, has disapproved of the application.

b.

The application contains material false information.

c.

The applicant or any of the other individuals listed pursuant to subsection 11-33(b)(1) has a license under this article which has been suspended or revoked.

d.

The granting of the application would violate a statute or ordinance or an order from a court of law which effectively prohibits the applicant from obtaining an adult entertainment establishment license.

e.

Any person or legal entity who is required by this article to possess a license for engaging in any business enterprise, profession or other activity included and regulated within this article who, as a licensee or as an agent or employee of such licensee, is convicted, or has been within a period of ten (10) years before the date of application, convicted of a felony or a first degree misdemeanor directly related to the specific licensed business activity, upon due and proper record of such conviction presented to the city manager, shall be subject to denial of a license application. The applicant shall have the right to request a public hearing before the city council and present evidence and testimony why such license application should not be denied. Nothing herein shall be construed to prevent the city council, upon a showing of good cause, from issuing a license to any person or entity whose license application has been previously denied. Such issuance, upon approval by the city council, shall be pursuant to the procedures heretofore established in this article.

(2)

If the city manager denies the application, he 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 nine (9) 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 which will probably lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.

(Ord. No. 90-O-6, § 1, 7-23-90; Ord. No. 96-O-3, §§ 1, 2, 7-22-96)