§ 10.5-97. Same—Issue of license; grant or denial.

(a)

Time period for granting or denying . The division of development services shall grant or deny an application for a license within forty-five (45) days from the date of its proper filing.

(b)

Granting of application for license . If there is no basis for denial, pursuant to subsection (c) below, the division of development services shall grant the application, notify the applicant of the granting, and issue the license to the applicant upon payment of the appropriate annual license fee provided in section 10.5-99, with credit as provided in section 10.5-94.

(c)

Denying of application for license :

(1)

The division of development services shall deny the application for any of the following reasons:

a.

Any of the departments, excluding the sheriff's office, has disapproved the application;

b.

The application contains material false information or information material to the decision was omitted; failure to list an individual required to be listed, pursuant to section 10.5-93, and whose listing would result in a denial pursuant to this subsection is presumed to be a material false information for purposes of denial of the application; the certification that the licensee owns, possesses, operates, and exercises control over the proposed or existing adult use establishment is a material representation for purposes of this section;

c.

The applicant or any of the other individuals listed pursuant to section 10.5-93 hold or have held a license under this division, or any other ordinance regulating adult uses, which has been suspended or revoked for cause;

d.

The granting of the application would violate a statute, ordinance, or an order from a court of law;

e.

An applicant or any of the other individuals listed pursuant to section 10.5-93 has been convicted of a specified criminal act:

1.

For which:

(i)

Less than two (2) years has 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; or

(ii)

Less than five (5) years has 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 a felony offense; or

(iii)

Less than five (5) years has elapsed since the date of the last conviction or the date or release from confinement imposed for the conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any twenty-four month period.

2.

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant.

3.

An applicant who has been convicted of a specified criminal act may qualify for an adult use license only when the time period required by subsection (c)(1)e. of this section has elapsed.

(2)

If the division of development services denies the application, it shall notify the applicant, in writing by return receipt mail, of the denial and state the reason(s) for the denial.

(3)

If a person applies for a license at a particular location within a period of six (6) months from the date of denial of a previous application for a license at the location and there has not been an intervening change in the circumstances material to the decision regarding the former reason(s) for denial, the application shall not be accepted for consideration.

(4)

The granting of a license does not act as a certification that the proposed adult use establishment meets all provisions of this division or any health or land use statute, code, ordinance, or regulation. The existing adult use establishment and any proposed adult use establishment, once established, must meet all code provisions required of all regulated businesses, including the provisions for adult uses contained within this division.

(5)

The granting of a license shall not confer on the applicant grandfather rights in the event more stringent regulations, including public nudity regulations, are subsequently adopted by the board of county commissioners.

(Ord. No. 92-25, § 8(F), 9-1-92; Ord. No. 01-05, § I, 2-13-01)