Hernando County |
Code of Ordinances |
Chapter 18. LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS |
Article III. SEXUALLY ORIENTED BUSINESSES |
§ 18-90. Issuance of license.
(a)
Upon the filing of an application for a sexually oriented business employee license, the director shall issue a temporary license to said applicant. The application shall then be referred to the appropriate county departments for investigation to be made on the information contained in the application. The application process shall be completed within thirty (30) days from the date of the completed application. After the investigation, the director shall issue an employee license, unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1)
The applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2)
The applicant is under the age of eighteen (18) years;
(3)
The applicant has been convicted of a "specified criminal activity" as defined in section 18-87;
(4)
The sexually oriented business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this article; or
(5)
The applicant has had a sexually oriented business employee license revoked by the county within two (2) years of the date of the current application.
If the sexually oriented business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as forth in subsection (i) herein.
(b)
A license issued pursuant to subsection (a) above, if granted, shall state on its face the name of the person to whom it is granted, the expiration date, and the address of the sexually oriented business. The employee shall keep the license on his or her person at all times while engaged in employment or performing services on the sexually oriented business premises so that said license may be available for inspection upon lawful request.
(c)
A license issued pursuant to subsection (a) shall be subject to annual renewal upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any "specified criminal activity" as defined in this article, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within thirty (30) days of the completed application. The renewal of a license shall be subject to the fee as set forth in section 18-91. Non-renewal of a license shall be subject to appeal as set forth in subsection (i) of this section.
(d)
If application is made for a sexually oriented business license, the director shall approve or deny issuance of the license within forty-five (45) days of receipt of the completed application. In the event that the director fails to approve or deny issuance of the license within forty-five (45) days of receipt, then the sexually oriented business license applied for shall be deemed to have been issued.
The director shall issue a license to an applicant unless it is determined by a preponderance of the evidence that one or more of the following findings is true:
(1)
An applicant has failed to provide the information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form;
(2)
An applicant is under the age of eighteen (18) years;
(3)
An applicant or a person with whom the applicant is residing has been denied a license by the county to operate a sexually oriented business within the preceding twelve (12) months, or whose license to operate a sexually oriented business has been revoked within the preceding twelve (12) months;
(4)
An applicant or a person with whom the applicant is residing is overdue in payment to the county in taxes, fees, fines, or penalties assessed against or imposed upon him/her in relation to any business;
(5)
An applicant or a person with whom the applicant is residing has been convicted of a "specified criminal activity" as defined in section 18-87;
(6)
The premises to be used for the sexually oriented business have not been approved by the health department, fire department, and the building department as being in compliance with applicable laws and ordinances;
(7)
The license fee required under this article has not been paid;
(8)
An applicant of the proposed establishment is in violation of or is not in compliance with one or more of the provisions of this article.
(e)
A license issued pursuant to subsection (d) above, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the sexually oriented business, and the section 18-88 classification for which the license is issued. The license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be easily read at any time.
(f)
The health department, fire department, building department and zoning department shall complete their certification that the premises are in compliance or not in compliance within twenty (20) days of receipt of the completed application by the director. The certification shall be promptly presented to the director.
(g)
A sexually oriented business license shall issue for only one classification, as set forth in section 18-88.
(h)
In the event that the director determines that an applicant is not eligible for a sexually oriented business license, the applicant shall be given notice in writing of the reasons for the denial within forty-five (45) days of the receipt of the completed application by the director, provided that the applicant may request, in writing at any time before the notice is issued, that such period be extended for an additional period of not more than ten (10) days in order to make modifications necessary to comply with this article.
(i)
An applicant may appeal the decision of the director regarding a denial to the Hernando County Board of County Commissioners by filing a written notice of appeal with the county administrator within fifteen (15) days after service of notice upon the applicant of the director's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for such appeal and all arguments in support thereof. The director may, within fifteen (15) days of service upon him of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the Hernando County Board of County Commissioners. After reviewing such memoranda, as well as the director's written decision, if any, and exhibits submitted to the director, the board of county commissioners shall hold a quasi-judicial hearing and, upon the memoranda and such additional competent and substantial evidence, vote to uphold, modify or overrule the director's decision. Such vote shall be taken within twenty-one (21) calendar days after the date on which the county administrator receives the notice of appeal. However, all parties shall be required to comply with the director's decision during the pendency of the appeal. Judicial review of quasi-judicial action by the board of county commissioners may be requested pursuant to section 18-96.
(j)
A license issued pursuant to subsection (d) of this section shall be subject to annual renewal upon the written application of the applicant and a finding by the director that the applicant has not been convicted of any "specified criminal activity" as defined in this article, or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The decision whether to renew a license shall be made within forty-five (45) days of the completed application. The renewal of a license shall be subject to the fee as set forth in section 18-91 below.
(Ord. No. 2003-14, § 5, 7-8-03)