§ 10-157. Permit—Issuance.

(a)

The town manager shall grant or deny an application for a permit 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 town manager notifies the applicant of a denial of the application and states the reasons 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 town manager 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 or persons to whom it is granted, the date of issuance, the expiration date, and, if the applicant is a sexually oriented business, the name and address of the business. The permit shall also refer to F.S. § 800.03, with the warning that any employee or sexually oriented business, whether or not a permit has been issued for said business under this article, 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. 560, 115 L.Ed. 2d. 504, 111 S.Q. 2456, (1991). The permit for a sexually oriented business shall be posted in a conspicuous place at or near the entrance of the business so that it can be easily read at any time.

(c)

Denial of application for permit.

(1)

The town manager shall deny the application for any of the following reasons:

a.

An applicant is under 21 years of age.

b.

An applicant, or an applicant's spouse, is overdue on the payment to the town or the county of taxes, fees fines, or penalties assessed against either of them or imposed upon either of them in relation to a sexually oriented business.

c.

An applicant is residing with a person who has been denied a permit 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within the preceding 12 months, or residing with a person whose permit to operate a sexually oriented business has been revoked within the preceding 12 months.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 location of the sexually oriented business does not comply with the town land development code.

g.

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

h.

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

i.

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

j.

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

k.

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 or municipal 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 or municipal offenses or a combination of misdemeanor or municipal 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 (c)(1)k has elapsed.

(2)

If the town manager denies the application, the manager shall notify the applicant of the denial and state the reasons for the denial. Within 20 days of such notification, excluding Saturdays, Sundays and state or federal holidays, the county shall file an action for declaratory relief in a court of competent jurisdiction to determine the validity of the town's action. During pendency of review, the affected applicant shall operate without a sexually oriented business permit, but not in violation of any other provision of this article. If the initial reviewing court upholds the denial, the affected applicant may not be an employee or operate without a sexually oriented business permit, unless, the affected party obtains a stay of the order of the initial reviewing court.

(3)

If a person applies for a permit for a particular location within a period of nine months of 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. 96-04, § 9, 6-3-1996)