Sec. 44-977. - Application requirements.

(a)

The property owner, or authorized agent of the property owner, is eligible to request an adult oriented business permit. A single adult oriented business permit shall suffice for the operation of any single adult oriented business on any particular site or in any particular structure within the City.

(b)

The following information is required at the time an adult oriented business permit application is submitted to the Community Development Director:

(1)

A completed adult oriented business permit application signed by the property owner or authorized representative.

(2)

A nonrefundable deposit and/or fee as set forth by resolution of the City Council.

(3)

A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in this chapter.

(4)

All other information is required by the City adult oriented business permit information sheet.

(Ord. No. 2015-01, § 3, 5-5-2015)

Sec. 44-978. - Issuance of permit; investigation.

(a)

Determination of completeness. The City Manager shall determine whether the application contains all of the information required by the provisions of this section. If it is determined that the application is not complete, the applicant shall be notified in writing within ten business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall have 30 calendar days to submit additional information to render the application complete. Failure to do so within the 30-day period shall render the application null and void. Within five business days following the receipt of an amended application or supplemental information, the City Manager shall again determine whether the application is

complete in accordance with the procedures set forth above. Evaluation and notification shall occur as provided above until such time as the application is found to be complete. Once the application is found to be complete, the applicant shall be notified within five business days of that fact. All notices required by this chapter shall be deemed given upon the date they are either deposited in the United States mail, or the date upon which personal service of such notice is provided.

(b)

Issuance of permit. The City Manager shall issue an adult oriented business permit within 15 calendar days of receipt of a completed application if he or she finds that the application fully complies with the findings/locational and operational requirements contained in Section 44-197. The applicant shall be notified within five business days of the date the City Manager issues the adult oriented business permit in the manner provided above. The decision of the City Manager to issue or deny a permit shall be final. If the City Manager does not issue or deny the permit within 15 calendar days of the date the application is complete pursuant to this chapter, the application shall be deemed issued by operation of law.

(c)

Prompt judicial review. Any applicant whose permit has been denied pursuant to this chapter shall be afforded prompt judicial review of that decision as provided by law.

(Ord. No. 2015-01, § 3, 5-5-2015)