§ 62-4955. Issuance or denial.

(a)

Approval and issuance. Upon the completion of the investigation of an application for a license under this article by the county sheriff's department, county building code compliance, the county planning and zoning office, the environmental health services, the county public safety department, and county code enforcement shall approve or disapprove the application. If approved, the county code enforcement manager shall notify the applicant within seven days and issue the license upon the payment of appropriate license fee provided in sections 62-4957 and 62-4959.

(b)

Disapproval and denial. The application will be denied in the event that the granting of the application would violate a statute or ordinance, lease, or an order from a court of law which prohibits the applicant from obtaining an adult entertainment establishment license. If the sheriff, environmental health services, building code compliance, the planning and zoning office, code enforcement, or the public safety department recommends disapproval, it shall indicate the reason therefor upon the application, or in a separate writing, and the county code enforcement manager shall deny the application. If the application is disapproved, county code enforcement shall notify the applicant of the disapproval and the reasons therefor within seven days.

(c)

Submission of false information. Notwithstanding any other provision in this article, the county code enforcement manager shall deny any application for a license in which the applicant has supplied false or untrue information.

(d)

Time limit for action on application. The county code enforcement manager shall approve or disapprove all applications within 45 days from the date a completed application has been submitted. All inspections shall be promptly conducted to conform with the time limit for application review. Upon the expiration of 45 days, if the applicant has not been notified that the application has been denied, the applicant shall be permitted to initiate operating the adult entertainment establishment and the license shall be issued and forwarded to the applicant.

(e)

Incorrect or incomplete application. In the event the code enforcement manager determines or learns at any time that the applicant has incorrectly completed an application for a proposed establishment or has not properly completed the application, the code enforcement manager shall promptly notify the applicant of such fact and shall allow the applicant ten days to correct or properly complete the application. The revised application shall then be promptly forwarded to the appropriate department for review. The time period for granting or denying the application shall be stayed during the period in which the applicant is allowed an opportunity to correct or properly complete the application. Upon receipt of the revised application, the review time period shall be extended for ten days (from 45 to 55 days).

(f)

Appeal of denial. Any applicant may appeal the decision to deny a license to the circuit court for the Eighteenth Judicial Circuit by filing a petition for writ of certiorari with the clerk to the circuit court not later than 30 days after the decision. The status quo shall be maintained pending the outcome of judicial review, unless otherwise ordered by a court of law.

(Code 1979, § 14-242; Ord. No. 97-16, § 10, 5-27-97; Ord. No. 01-53, § 7, 9-11-01)