§ 13-89. Grant; denial; rejection.

(a)

Time period for granting or denying license. The licensing department shall grant or deny an application for a license under this article within ninety (90) work days from the date of its proper and complete filing. If the application is not granted or denied upon the expiration of the ninetieth day, the applicant shall be permitted to begin operating the establishment for which a license is sought, provided all standards and regulations of this article are complied with in the operation of the establishment. In such event, the establishment shall be deemed to be operating under the authority of a constructive adult entertainment licence which shall be subject to the same conditions, restrictions, and limitations and grant the same privileges, rights, and benefits as a duly issued adult entertainment license.

(b)

Granting of application for license. If each of the planning and zoning departments has approved of the application, and the licensing department finds the application meets the criteria of this article the licensing 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 sections 13-90 and 13-91, with credit as provided in section 13-87(c).

(c)

Denying of application for license.

(1)

The licensing department shall deny the application for any of the following reasons:

a.

Any of the planning, zoning, or licensing departments, has disapproved of the application based upon a finding of failure to comply with the criteria of this article;

b.

The application contains material false information;

c.

The applicant or any of the other individuals listed pursuant to section 13-87(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 article, or an order from a court of law or state or federal administrative agency which prohibits or conditions the applicant's obtaining an adult entertainment establishment license.

(2)

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

(d)

Rejection of application. If a person applies for a license at a particular location within a period of nine 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 would lead to a different decision regarding the former reason(s) for denial, the application shall be rejected,

(Ord. No. 93-9, § 14, 5-24-93; Ord. No. 95-25, § 1, 11-27-95)