§ 26-192. Issuance.

(a)

The community development services division administrator, or his designee, shall grant or deny an application for a permit under this division within 30 days from the date of its proper filing. Upon the expiration of the 30th day, the applicant may be permitted to begin operating the business for which the permit is sought, unless and until the community development services division administrator, or his designee, notifies the applicant of a denial of the application and states the reason for that denial. Nothing contained herein is intended to, or shall be construed to, exempt an applicant from compliance with all other applicable county, municipal, state and federal laws including, but not limited to, requirements to obtain a building permit, certificate of occupancy, occupational license or zoning approval.

(b)

Grant of application for permit.

(1)

The community development services division administrator, or his designee, shall grant the application unless one or more of the criteria set forth in subsection (c) of this section is present.

(2)

The permit, if granted, shall state on its face the name of the person to whom it is granted, the name of the business, the date of issuance, the expiration date, and the address of the sexually-oriented business. The permit shall also refer to F.S. § 800.03, with the warning that any sexually-oriented business, whether or not a permit has been issued for said business under this division, may be subject to said section's prohibition against public nudity pursuant to the United States Supreme Court decision in Barnes v. Glen Theatre, Inc., 501 U.S. _____, 115 L. Ed. 2d 504, 111 S. Ct. 2456, 59 USLW 4745 (1991). The permit shall be posted in a conspicuous place at or near the entrance to the sexually-oriented business so that it can be easily read at any time.

(c)

Denial of application for permit.

(1)

The community development services division administrator, or his designee, shall deny the application for any of the following reasons:

a.

An applicant is under 18 years of age.

b.

An applicant or an applicant's spouse is overdue on his payment to the county or applicable municipality of taxes, fees, fines, or penalties assessed against him or imposed upon him in relation to a sexually-oriented business.

c.

An applicant is residing with a person who has been denied a permit by the county to operate a sexually-oriented business within the preceding 12 months, or residing with a person whose permit to operate a sexually-oriented business has been revoked within the preceding 12 months.

d.

An applicant has failed to provide information reasonably necessary for the issuance of the permit or has falsely answered a question or request for information on the application form.

e.

The premises to be used for the sexually-oriented business have not been approved as being in compliance with health, fire and building codes by the department or agency responsible under law for investigating said compliance.

f.

The application or permit fees required by this division have not been paid.

g.

An applicant of the proposed business is in violation of, or is not in compliance with, any of the provisions of this article.

h.

The granting of the application would violate a statute, ordinance, or court order.

i.

The applicant has a permit under this division which has been suspended or revoked.

j.

An applicant has been convicted of a specified criminal act for which:

1.

Less than two 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 of a misdemeanor offense;

2.

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 of a felony offense; or

3.

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

The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified criminal act may qualify for a sexually-oriented business permit only when the time period required by this subsection has elapsed.

(2)

If the community development services division administrator, or his designee, denies the application, he shall notify the applicant of the denial and state the reason for the denial.

(3)

If a person applies for a permit for a particular location within a period of nine months from the date of denial of a previous application for a permit at the location, and there has not been an intervening change in the circumstances which could reasonably be expected to lead to a different decision regarding the former reasons for denial, the application shall be denied.

(Ord. No. 91-83, § 9)