§ 18-97. Investigation and report.

(a)

All applications required by this article shall be investigated by the sheriff's department, which shall report its findings and recommendations to the board of commissioners. No further action shall be taken by the county or by any applicant with respect to any application until completion by the sheriff's department of its investigation.

(b)

The county shall have up to 45 days to investigate the application and the background of the applicant. Upon completion of the investigation, the board of commissioners may grant the permit at its next regular meeting if it finds:

(1)

The required fee has been paid.

(2)

Application conforms in all respects to the provisions of this article.

(3)

The applicant has not knowingly made a material misrepresentation in the application.

(4)

The applicant has fully cooperated in the investigation of his application.

(5)

The applicant, if an individual, or any officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving a sex-related crime or drug-related or alcohol-related felony or any crime involving moral turpitude or convicted of an attempt to commit any of the offenses mentioned in this subsection, or convicted in any state of any offense which if committed or attempted in this state, would have been punishable as one or more of the offenses mentioned in this subsection.

(6)

The applicant has not had an adult entertainment establishment license or other similar license or permit denied or revoked for cause involving moral character in this county or any other county or city in or out of this state prior to the date of application.

(7)

The building, structure, equipment or location of such business, as proposed by applicant, would comply with all applicable building and distance laws.

(8)

The applicant is at least 25 years of age.

(9)

That the applicant, his employee agent, partner, director, officer, or manager has not within ten years of date of the application knowingly allowed or permitted any of the specified sexual activities to be committed or allowed in or upon the premises where such adult entertainment establishment is to be located, or to be used as a place in which solicitations for the specified sexual activities openly occur.

(10)

That on the date the business for which a license is required in this article commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open.

(11)

That the proposed premises is not to be located within the distances defined in section 18-66.

(12)

That the grant of such license will not cause a violation of this article or any other ordinance or regulation of the county, the state or the United States.

(13)

If the county following investigation of the applicant, deems that the applicant does not fulfill the requirements as set forth in this article, it shall notify the county clerk of such opinion and within 45 days of the date of the application, provide copies of the investigation report to the county clerk. The county clerk shall within ten days, notify applicant by certified mail of such denial. Any applicant who is denied a license may appeal such denial to the board of commissioners by filing a written notice within ten days of the receipt of notice from the county clerk. A hearing before the board of commissioners shall be scheduled within 45 days of such notice.

(Ord. of 6-27-1996, § 13)