§ 3-29. Grant; denial.

(a)

Time period for granting or denying license.

(1)

The tax collector shall grant or deny an application for a license under this article within thirty (30) days from the date of its proper filing, and pursuant to subsection (b) or (c)(2) below, shall notify the applicant within seven (7) days of the granting or denying of the application. If the applicant claims that the decision of the tax collector has not been received within forty (40) days from the date of its proper filing, the applicant may make written demand upon the tax collector for a copy of the decision. Within three (3) days of receipt of such written demand, the tax collector shall provide the applicant such copy by, at the applicant's option, hand delivery or certified mail, return receipt requested.

(2)

Notwithstanding the granting of an adult entertainment license under subsection 3-29(a)(1), nothing in this chapter exempts or excuses the licensee or applicant, whatever the case may be, from having to obtain any other required permits, licenses, or certificates needed to lawfully operate a business, including a land use permit, building permit, occupational license or certificate of occupancy.

(b)

Granting of application for license. If none of the departments which timely forwarded a report or memorandum has made a finding that would require that the application be denied, the tax collector shall grant the application and notify the applicant within seven (7) days of the granting by certified mail, return receipt requested. Upon payment of the appropriate annual license fee provided in sections 3-30 and 3-31, with credit as provided in section 3-27(c), the tax collector shall issue the license to the applicant.

(c)

Denying of application for license.

(1)

The tax collector shall review the findings reported by the departments and deny the application for any of the following reasons:

a.

The application is incomplete or contains incorrect or false information;

b.

The applicant has failed to comply with the filing requirements of F.S. ch. 607, regarding corporations, the filing requirements of F.S. ch. 620, regarding partnerships, or the requirements of F.S. § 865.09, regarding doing business under a fictitious name;

c.

A license issued under this chapter for the location of the proposed establishment is the subject of a pending suspension proceeding or is under suspension;

d.

A license issued under this chapter for the location of the proposed establishment is the subject of a pending revocation proceeding;

e.

The granting of the application would violate a statute, ordinance, or an order from a court of law that prohibits the applicant from obtaining an adult entertainment establishment license or operating an adult entertainment establishment

(2)

If the tax collector denies the application, the tax collector shall, within seven (7) days, notify the applicant of the denial by certified mail, return receipt requested, and state the reason(s) for the denial.

(d)

Reapplication. In the event an application is denied, nothing herein prohibits or shall be construed as prohibiting an applicant from subsequently filing with the tax collector another application upon payment of the required application fee.

(Code 1965, § 1A-25; Ord. No. 87-06, § 1, 2-9-87; Ord. No. 87-38, § 1, 11-9-87; Ord. No. 90-05, § 1, 4-9-90; Ord. No. 94-23, § 1, 12-6-94; Ord. No. 96-27, § 3, 9-17-96; Ord. No. 96-34, § 10, 10-29-96; Ord. No. 97-20, § 7, 12-2-97; Ord. No. 99-22, § 4, 12-14-99; Ord. No. 2002-13, § 8, 9-24-02)