§ 125.05 Issuance Of Permit

1. The Director shall approve the issuance of a permit to an applicant within thirty (30) days after receipt of an application unless the Director finds one or more of the following to be true:

A. An applicant is under eighteen (18) years of age.

B. An applicant or an applicant’s spouse is overdue in the payment to the City of taxes, fines, or penalties assessed against said applicant or spouse or imposed in relation to a sexually oriented business.

C. An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

D. An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding twelve (12) months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.

E. The premises to be used for the sexually oriented business has not been approved by the Health Department, Fire Department, Building Official, and Zoning Official as being in compliance with applicable laws and ordinances.

F. The permit fee required by this chapter has not been paid.

G. An application of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

2. The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business that it may be easily read at any time.

3. The Health Department, Fire Department, Building Official, and Zoning Official shall complete their certification that the premises is in compliance or not in compliance within twenty

(20) days of receipt of the application by the Director. The certification shall be promptly presented to the Director.

4. In the event that the Director determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within forty-five (45) days after the receipt of the application by the Director, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) days at any time before the notice is issued in order to make modifications necessary to comply with this chapter.

5. An applicant may appeal the decision of the Director regarding a denial to the Council by filing a written notice of appeal with the Clerk within fifteen (15) days after the applicant is given notice of the Director’s decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The Director may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Council. After reviewing such memoranda, as well as the Director’s written decision, if any, and exhibits submitted to the Director, the Council shall vote either to uphold or overrule the Director’s decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the Clerk receives the notice of appeal. However, all parties shall be required to comply with the Director’s decision during the pendency of the appeal.

1. The City Administrator shall approve the issuance of a permit to an applicant within 30 days after receipt of an application unless the City Administrator finds one or more of the following to be true:

A. An applicant is under 18 years of age.

B. An applicant or an applicant’s spouse is overdue in the payment to the City of taxes, fines, or penalties assessed against said applicant or spouse or imposed in relation to a sexually oriented business.

C. An applicant has failed to provide information reasonably necessary for issuance of the permit or has falsely answered a question or request for information on the application form.

D. An applicant is residing with a person who has been denied a permit by the City to operate a sexually oriented business within the preceding 12 months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.

E. The premises to be used for the sexually oriented business has not been approved by the Health Department, Fire Department, Building Official, and Zoning Official as being in compliance with applicable laws and ordinances.

F. The permit fee required by this chapter has not been paid.

G. An application of the proposed establishment is in violation of or is not in compliance with any of the provisions of this chapter.

2. The permit, if granted, shall state on its face the name of the person to whom it is granted, the expiration date and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance to the sexually oriented business that it may be easily read at any time.

3. The Health Department, Fire Department, Building Official, and Zoning Official shall complete their certification that the premises is in compliance or not in compliance within 20 days of receipt of the application by the City Administrator. The certification shall be promptly presented to the City Administrator.

4. In the event that the City Administrator determines that an applicant is not eligible for a permit, the applicant shall be given notice in writing of the reasons for the denial within 45 days after the receipt of the application by the City Administrator, provided that the applicant may request, in writing, that such period be extended for an additional period of not more than 10 days at any time before the notice is issued in order to make modifications necessary to comply with this chapter.

5. An applicant may appeal the decision of the City Administrator regarding a denial to the Council by filing a written notice of appeal with the Clerk within 15 days after the applicant is given notice of the City Administrator’s decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The City Administrator may submit a memorandum in response to the memorandum filed by the applicant on appeal to the Council. After reviewing such memoranda, as well as the City Administrator’s written decision, if any, and exhibits submitted to the City Administrator, the Council shall vote either to uphold or overrule the City Administrator’s decision. Such vote shall be taken within 21 calendar days after the date on which the Clerk receives the notice of appeal. However, all parties shall be required to comply with the City Administrator’s decision during the pendency of the appeal.