SEC. 16-342. ISSUANCE OF PERMIT.

(A) The city manager shall grant the application and issue the permit unless the application is denied for one or more of the reasons set forth in subsection (C) of this section. The permittee shall post the permit conspicuously in the adult business premises.

(B) If the city manager grants the application or if the city manager neither grants nor denies the application within 30 days after it is stamped as received (except as provided in section 16-340), the applicant may begin operating the adult business for which the permit was sought.

(1) If an individual, the applicant is under 18 years of age;
(2) The applicant has failed to provide information required by the permit application or has provided false information in the application;
(3) The application and annual permit fees have not been paid;

(4) The applicant is in violation of, or is not in compliance with, any of the provisions of this article, including but not limited to the locational requirements for an adult business set out in section 16-337. However, such locational requirements shall not apply to a nonconforming use described in section 16-339 during the period in which section 16-339 allows the nonconforming use to continue to operate in the location in which it was operating on the effective date of this article [September 23, 1993];

(5) The granting of the application would violate a statute, ordinance, or court order; or
(6) An applicant knowingly has employed to work in the adult business for which the permit is sought a person who does not have an adult business employee license, as required by section 16-347 of this article.

(D) If a person applies for a permit or renewal of a permit for a particular location within one year from the date of denial of a previous application for a permit or renewal of a permit at the same location, and there has not been a change in circumstances that could reasonably be expected to lead to a different decision regarding the reasons for the previous denial, the city manager shall deny the application.

(`64 Code, Sec. 34-207) (Ord. No. 2313)