Section 10-114. Licensing procedure.
(a) Responsibility. Ultimate responsibility for the administration of this section is vested in the city council. The city manager is responsible for granting, denying, revoking, renewing, suspending and canceling adult entertainment licenses for proposed or existing adult entertainment establishments. The city manager, or his designee, shall be responsible for insuring all proposed establishments and any licensed establishments comply with or are complying with the following requirements:
(1) Conform to all applicable building statutes, codes, ordinances and regulations, whether federal, state or local;
(2) Conform to all applicable fire statutes, codes, ordinances and regulations, whether federal, state or local;
(3) Conform to all applicable health statutes, codes, ordinances and regulations, whether federal, state or local;
(4) Conform to all applicable zoning regulations and land use laws, whether state or local.
(b) License required. No adult entertainment establishment shall be permitted to operate without having been first granted an adult entertainment license by the city manager.
(c) Application. Any person desiring to operate an adult entertainment establishment shall file with the city manager a sworn license application on a standard application form prescribed by the city manager. The following requirements and conditions shall apply:
(1) Contents of application. The completed application shall contain the following information and shall be accompanied by the following documents:
a. If the applicant is:
1. An individual, the individual shall state his legal name and any aliases, address and telephone number, and submit satisfactory proof that he is at least eighteen (18) years of age;
2. A partnership, the partnership shall state its complete name and the names, addresses and telephone numbers of all partners, whether the partnership is general or limited and, if in existence, a copy of the partnership agreement; or
3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names and capacity of all officers and directors and, if applicable, the name of the registered corporate agent and the address of registered office for service of process;
b. If the applicant intends to conduct the establishment under a name other than that of the applicant, the establishment's fictitious name registration pursuant to F.S. § 865.09, as amended from time to time;
c. Whether the applicant or any of the other individuals listed pursuant to subparagraph (c)(1)a. has had a previous license under this article suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation, and whether the applicant or any other individual listed pursuant to subparagraph (c)(1)a. has been a partner in a partnership or an officer or director of a corporation whose license under this article has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation;
d. Whether the applicant or any of the other individuals listed pursuant to subparagraph (c)(1)a. has, within the five-year period immediately preceding the date of the application, been convicted of a specified criminal act; and, if so, the specified criminal act involved, the date of conviction, and the place of conviction;
e. Whether the applicant or any other individual listed pursuant to subparagraph (c)(1)a. holds any other licenses under this article and, if so, the names and locations of such other licensed establishments;
f. The single classification of license for which the applicant is filing;
g. The location of the proposed establishment, including a legal description of the property site, legal street address, and the zoning designation of the property;
h. The applicant's mailing address, residential address and residential telephone number (if any);
i. A site plan drawn to appropriate scale of the proposed establishment, including but not limited to:
1. All property lines, right-of-ways and the location of buildings, parking areas and spaces, curb cuts and driveways;
2. All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, counters and similar structures;
3. All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size;
j. A recent photograph of the applicant; and
k. Either the applicant's driver's license number or his state or federally-issued identification card number.
(2) Application fee. Each application shall be accompanied by a nonrefundable fee of $400.00. If the application for a license is approved and a license is granted, one-half of the fee shall be applied as a credit toward the annual license fee required for the first year pursuant to section 10-121 of this article.
(3) Incomplete application. In the event the city manager determines or learns at any time that the applicant has not properly completed the application for a proposed establishment, he shall promptly notify the applicant of such fact and shall allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a license under section 10-114(d)(1) shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(d) Grant; denial; appeal.
(1) Time period for granting or denying license. The city manager shall grant or deny an application for a license within 90 days from the date of receipt of a complete application. Upon the expiration of the 90-day, the applicant shall be permitted to begin operating the establishment for which a license is sought, unless and until the city manager notifies the applicant of a denial of the application and states the reason(s) for that denial.
(2) Granting of application for license. Upon approval by the city manager, the city manager 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 sections 10-114(c)(2) and 10-121, with credit as provided in section 10-114(c)(2).
(3) Denying of application for license.
a. The city manager shall deny the application for any of the following reasons:
1. The application remains incomplete following the notice and corrective period provided for in section 10-14(c)(3) hereof;
2. The application does not conform to the requirements stated in section 10-114(a);
3. The application contains material false information;
4. The applicant or any of the other individuals listed pursuant to section 10-114(c)(1)a. has a license under this article that has been suspended or revoked;
5. The granting of the application would violate either a statute or ordinance or an order from a court of law that effectively prohibits the applicant from obtaining an adult entertainment establishment license;
6. The proposed establishment or any previously licensed establishment does not comply with the requirements under this article including, but not limited to, the requirements of section 10-114(a).
b. If the city manager denies the application, he shall promptly notify the applicant in writing of the denial and state the reason(s) for the denial.
c. If a person applies for a license at a particular location within a period of 12 months from the date of denial of a previous application for a license at the same location and there has not been an intervening change in the circumstances which will probably lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.
d. Appeals are provided for as follows:
1. Denial of a license application by the city manager shall be appealed to the city council. An appeal shall be filed within 30 days after the applicant receives written notice of denial. The city council shall render a decision granting or denying the application within 30 days after the appeal has been filed.
2. Denial of a license application by the city council shall be appealed to the circuit court by petition for writ of certiorari or any other appropriate appellate procedure in circuit court. An appeal shall be filed within 30 days after the city council has rendered its decision on the application.
Secs. 10-115--10-117. Reserved.