§ 8-65. Investigation.

After the application is filed with the city clerk, there shall be a 30-day period during which the city shall investigate the application and the background of the applicant and all other individuals whose backgrounds are to be investigated pursuant to the requirements of this article. If additional information is required from the applicant, the city clerk shall mail to the applicant, at the address given upon the application, a written request for such additional information as is required, and the 30-day period of investigation shall be tolled from the date of the mailing of the letter of inquiry until the date when all such information is provided to the city clerk in the form requested. Upon completion of the investigation and review of all documents, the city council shall consider whether or not to grant the permit requested. Among those factors to be considered are whether:

(1)

All required fees have been paid;

(2)

The application conforms in all respects to the provisions of this article;

(3)

The applicant has made a material misrepresentation in the application;

(4)

The applicant and all individuals required to be investigated have fully cooperated in the investigation of the application;

(5)

The applicant, shareholders, directors, partners or financiers of the proposed business have been convicted in a court of competent jurisdiction of a felony or any other offense involving dishonesty, fraud, deceit or moral turpitude;

(6)

The applicant or any other of the individuals involved with the proposed business have ever had an adult entertainment establishment permit or other similar license or permit denied or revoked in this or any other jurisdiction prior to the date of the application;

(7)

The building, structure, equipment or location of such proposed business would comply with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards;

(8)

The applicant and all individuals involved with the proposed business are at least 18 years of age;

(9)

There will be a responsible person on the premises to act as manager at all times during which the business is open;

(10)

The granting of such permit will create a violation of this article or any other ordinance of the city or of the county or of any state or federal statute; and

(11)

Anything about the design, location, hours of operation or any other factor concerning the proposed business would create an unreasonable risk of harm to the health, safety or morals of minors or an unreasonable degradation of an established neighborhood.

(Ord. No. 96-17, art. V(A), 5-7-1996)