§ 3-31. Grant or denial of license.

(a)

Time period for granting or denying license.

(1)

The county manager or designee shall grant or deny a complete application for a license under this article within thirty (30) days from the date of its filing. Upon the expiration of the thirtieth day without a grant or denial, the applicant shall be permitted to begin operating the establishment as an adult entertainment establishment for which a license is sought, unless and until the county manager or designee notifies the applicant of a denial of the application and states the reasons for that denial.

(2)

Notwithstanding the granting of an adult entertainment license under this article, or the language in subsection (a) above allowing an applicant to begin operating an establishment without such a license if the county manager or designee has not made a decision within the thirty-day period, 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, business tax receipt or certificate of occupancy.

(b)

Granting of application for license. If the county manager or designee has not made a finding that would require denial of the application, the county manager or designee shall grant the application, notify the applicant within seven (7) days of the granting by certified mail, return receipt requested, and issue the license to the applicant upon payment of the appropriate annual license fee, with credit of the application fee as provided in section 3-29(3).

(c)

Denying an application for license.

(1)

The county manager or designee shall review the findings and deny the application for any of the following reasons:

a.

The application contains material false information or is incomplete;

b.

The applicant has failed to comply with a provision of the state statutes, including Chapter 607, Florida Statutes (regarding corporations), Chapter 620, Florida Statutes (regarding partnerships) or section 865.09, Florida Statutes (regarding fictitious names);

c.

The applicant or any of the other individuals listed pursuant to section 3-29(2)(a) has a license under this article which has been suspended or revoked, or was a partner in a partnership or an officer, director, or principle stockholder of a corporation which had such a license suspended or revoked during the previous two (2) years;

d.

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

(2)

If the county manager or designee denies the application, the county manager or designee shall within seven (7) days notify the applicant of the denial by certified mail, return receipt requested, and state the reasons for the denial.

(d)

Appeals. Any decision of the county manager or designee pursuant to granting or denying a license under this article may be immediately reviewed as a matter of right by the circuit court upon the filing of the appropriate pleading by the aggrieved party.

(e)

Reapplication. If a person re-applies for a license at a particular location within a period of one (1) year from the date of denial of a previous application for a license at that location, and there has not been an intervening change in the circumstances which will lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.

(Ord. No. 2000-106, § 3, 11-7-00; Ord. No. 2007-27, § 3, 6-5-07)