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Ordinance 2058-95
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Ordinance 2058-95
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3/23/2017 11:06:35 AM
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Ordinances
Ordinance Number
2058-95
Date
5/31/1995
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• , <br /> • <br /> any provisions of this chapter. Additionally, any manager or entertainer issued a <br /> temporary permit shall be subject to the penalty provisions provided in this chapter. <br /> 1. In the event that the city denies a license, the city shall within the aforesaid <br /> time period (five days for public place of adult entertainment license, three days for <br /> entertainers/managers) notify the applicant of the denial and the reasons therefor. The <br /> denial shall be for a period of time not to exceed one year. Should the applicant disagree <br /> with the city's determination, he must file a notice of nonacceptance with the city <br /> attorney's office within ten working days of receipt of the notification of denial. <br /> 2. The city shall, within five working days following receipt of the notice of <br /> nonacceptance, apply to the county court for a judicial determination as to whether the <br /> applicant's license was properly denied. The burden of showing that the applicant's <br /> license was properly denied shall rest on the city. <br /> 3. If a preliminary judicial determination sustaining the city's denial of the <br /> subject license is not obtained within five working days from the date the complaint is <br /> served, an interim license shall be issued under this chapter by operation of the law. The <br /> interim license shall issue in any event if a final judicial determination n the merits is not <br /> obtained within twenty days from the date the complaint is filed. In such case, the interim <br /> license will remain in effect until a final judicial determination on the merits is reached; <br /> provided, however, that any delays caused or requested by the applicant shall be excluded <br /> from the above mentioned twenty-day period. <br /> is hereby amended to read as follows: <br /> Issuance of licenses. <br /> A. After an investigation, the clerk shall issue the applicable license or licenses <br /> authorized by this chapter if the clerk finds: <br /> 1. That the applicant complies with all of the requirements of this chapter; and <br /> 2. That the applicant, his or her employee, agent, partner, director, officer, <br /> stockholder or manager has not made any false, misleading or fraudulent statement of fact <br /> in the application for a license, or in any report or record required to be filed with the <br /> clerk. <br /> B. The license application for a public place of adult entertainment license <br /> shall be approved or disapproved within five working days from the date of filing a <br /> completed application which complies with the requirements of this chapter, unless the <br /> applicant agrees to an extension of the time period in writing. The license application for <br /> a manager's or entertainer's license shall be approved or disapproved as promptly as time <br /> and conditions permit, but in no event will it exceed three working days from the date of <br /> filing a completed application which complies with the requirements of this chapter unless <br /> the applicant agrees to an extension of the time period in writing. Pending the <br /> approval/denial of a completed license application, the manager or entertainer will be <br /> provided a temporary permit to be a manager or entertainer. Such permit shall <br /> automatically expire and become null and void upon the approval/denial of a license. Any <br /> manager or entertainer issued a temporary permit shall comply with the provisions of this <br /> chapter and such permit shall be withdrawn by the city in the event the permittee violates <br /> ADULT ENTERTAINMENT ORDINANCE AMENDMENT PAGE 3 <br />
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