§ 12-175. Grant; denial.

(a)

Time period for granting or denying license.

(1)

The tax collector shall grant or deny an application for an adult dancing establishment within 45 days from the date of its proper filing. Upon the expiration of the 45-day period the applicant shall be permitted to begin operating the establishment for which a license is sought, unless and until the tax collector notifies the applicant of a denial of the application and states the reasons for the denial.

(2)

The tax collector shall grant or deny an application for an adult bookstore or adult motion picture theater within 30 days from the date of its proper filing. Upon the expiration of the thirtieth day, the applicant shall be permitted to begin operating the establishment for which a license is sought, unless and until the tax collector notifies the applicant of a denial of the application and states the reasons for that denial.

(b)

Grant of license. If each of the departments has approved of the application, the tax collector 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 sections 12-176 and 12-177, with credit as provided in section 12-173(c).

(c)

Denial of license:

(1)

The tax collector shall deny the application for any of the following reasons:

a.

Any of the departments has disapproved of the application;

b.

The application contains material false information;

c.

The applicant or any of the other individuals listed pursuant to section 12-173(b)(1) has a license under this code 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.

(2)

If the tax collector denies the application, he shall notify the applicant of the denial, and state the reason(s) for the denial.

(3)

The applicant may not reapply for a license for a period of nine months from the date of denial unless there has been an intervening change in the circumstances which will probably lead to a different decision regarding the former reason(s) for denial.

(Ord. No. 88-26, § 1A-25, 7-26-88; Ord. No. 98-15, § 1, 7-7-98)