§ 18-242. Processing; investigation; grant; denial and rejection of application.

(a)

Processing. Upon receipt of a complete application properly filed with the city manager and upon payment of the nonrefundable application fee, the city manager shall immediately stamp the application as received and shall begin processing the application.

(b)

Investigation. The city manager shall order city staff to conduct such investigations as he deems necessary to determine whether:

(1)

False, incomplete or incorrect information was provided in the application;

(2)

The proposed establishment will violate any provision of this article, any other provision of this article, any provision of the Code of Ordinances or Land Development Code, or any provision of any other ordinance duly enacted by the city;

(3)

The proposed establishment will violate any state statute or regulation relating to building, fire, health or zoning; or

(4)

The proposed establishment will violate any court order, or breach any term of an applicable provision of a lease or deed restriction.

(c)

Time period for granting or denying business tax receipt. The city manager shall grant or deny an application for a business tax receipt under this article within 30 days from the date of its proper filing. Upon the expiration of the 30th day, the applicant shall be permitted to begin operating the establishment as an adult entertainment establishment within the category for which a business tax receipt is sought (provided all other required permits, business tax receipt and certificates have been obtained), unless and until the city manager notifies the applicant of a denial of the application and states the reasons for the denial.

(d)

Granting application for business tax receipt. If the city manager has not made a finding that would require that the application be denied, the city manager shall grant the application, notify the applicant that the license has been granted within seven days after granting the application, and issue the license to the applicant upon payment of the appropriate annual license fee as required by section 18-246, with credit as provided therein.

(e)

Denial of application for business tax receipt.

(1)

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

a.

The application contains material false information or is incomplete; or the applicant had failed to comply with F.S. ch. 607, regarding corporations; ch. 620, regarding partnerships; or [F.S.] § 865.09, regarding fictitious names.

b.

The granting of the application would violate a statute or ordinance (including any provision of the Code of Ordinances, Land Development Code, or any other ordinance duly enacted by the city), court order, deed restriction, lease, or an order from a court of law that prohibits the applicant from obtaining an adult entertainment establishment license.

c.

The applicant or any other individual listed pursuant to subsection (b)(1) of this section has had a license under this article or under an analogous ordinance of another jurisdiction suspended or revoked within the past three years.

(2)

If the city manager denies the application, the city manager shall within seven days notify the applicant of the denial. The notice shall include the reason(s) for the denial.

(f)

Rejection of reapplication. If a person applies for a business tax receipt at a particular location within a period of nine months from the date of denial of a previous application for a business tax receipt 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 reasons for denial, the application shall be rejected.

(Ord. No. 1997-25, § 12, 6-3-97; Ord. No. 2007-13, § 30, 3-20-07)