§ 74-53. Requirements for issuance of license; posting.

(a)

Within 45 days after receipt of an application for a rave club license, the county manager shall either approve or deny issuance of the license. The county manager shall deny issuance of a license when he finds one or more of the following to be true:

(1)

An applicant is under 18 years of age.

(2)

An applicant has failed or refused to answer or has falsely answered a question on the application provided or has failed or refused to provide any information requested on the application provided.

(3)

An applicant has been convicted of a violation of any provision of these rave club regulations within two years immediately preceding the filing of the application.

(4)

An applicant has failed to obtain a certification from the fire marshal that the rave club complies with all applicable provisions of Chapter 50, Fire Prevention and Protection, Code of Ordinances, Brevard County for the unincorporated areas or the applicable fire prevention and protection ordinance for the incorporated areas; relative to places of assembly, including but not limited to maximum permitted occupancy load.

(5)

An applicant has failed to obtain a certification from the building official that the rave club complies with all applicable provisions of Chapter 22, Building and Building Regulations, Code of Ordinances, Brevard County for the unincorporated areas or the applicable building and building regulations ordinance for the incorporated areas; including but not limited to those relative to places of assembly.

(6)

An applicant has failed to obtain a certification from the zoning department that the rave club complies with all applicable provisions of the land development code, including but not limited to provisions related to zoning and parking. Or if located in a city, an applicant has failed to obtain a certification from the city manager that the rave club complies with all applicable zoning provisions of the city's Code of Ordinances.

(7)

An applicant has been convicted of a crime

a.

Involving:

(i)

Any felony, or

(ii)

Any misdemeanor offense of Chapter 784, Florida Statutes, assault; battery; culpable negligence; Ch. 787, kidnapping; false imprisonment; luring or enticing a child; custody offenses; Ch. 790, weapons and firearms; Ch. 794, sexual battery; Ch. 800, lewdness; indecent exposure; Ch. 812, theft, robbery and related crimes; Ch. 827, abuse of children; Ch. 837, perjury; Ch. 856, drunkenness; open house parties; loitering; prowling; desertion; Ch. 562, selling, serving or giving alcoholic beverages to a minor; Ch. 859, poisons; adulterated drugs; Ch, 870, affrays; riots; routs; unlawful assemblies; Ch. 874, street terrorism enforcement and prevention; Ch. 877, miscellaneous crimes; and Ch. 893, drug abuse prevention and control, as said chapters currently exist or may be amended from time to time, or

(iii)

Any violation of the rave club or dance-hall regulations of any other city, county, state or other government; and

b.

For which:

(i)

Less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for an above listed misdemeanor offense;

(ii)

Less than ten years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is for a felony offense; or

(iii)

Less than ten years have elapsed since the date of the last conviction or the date of release from confinement for last conviction, whichever is the later date, if the convictions are of two or more above listed misdemeanor offenses or combination of above listed misdemeanor offenses occurring within any 24-month period.

(8)

An applicant has been convicted of a felony involving any sexual crime against a minor.

(b)

The fact that an applicant is appealing a conviction shall have no effect on the disqualifications of the applicant under subsection (a) above.

(c)

An applicant who has been convicted of an offense listed in subsection (a)(7)a above may qualify for a rave club license only when the time period required by subsection (a)(7)b has elapsed.

(d)

Upon receipt of an application, the county manager shall distribute copies to the sheriff and the specified county departments. If located in a city, the county manager shall distribute a copy to the city manager. The sheriff and the specified county departments shall review the application for compliance with the provisions of this section, and forward their respective comments to the county manager for consideration in determining whether to issue or deny the license in accordance with the provisions of this article.

(e)

The county manager, upon approving issuance of a rave club license, shall send the applicant, by certified mail, return receipt requested, written notice of such action. The license fee shall established by the board by resolution. The county manager shall inform the applicant where he or she must pay the license fee and obtain the license.

(f)

The county manager's approval of the issuance of a license does not authorize the applicant to operate a rave club until the applicant has paid the license fee and obtained possession of the license.

(g)

The license shall state on its face the name of the person to whom it is granted, the expiration date, and the street address of the rave club.

(h)

The license shall be posted at the rave club in a conspicuous place at or near the entrance so that it maybe easily read by any individual at any time.

(Ord. No. 2001-25, § 8, 5-22-01; Ord. No. 02-02, § 3, 1-8-02)