§ 10-67. Same—Issuance; denial; revocation.

(a)

Approval and issuance. Upon the completion of the investigation of an application for a license required under this division by the police chief, the building department, the zoning department and the fire chief, the city clerk shall approve or disapprove the application. If approved, the city clerk shall issue the license upon the payment of the appropriate license fee provided in section 10-75.

(b)

Disapproval and denial. If the police chief, the public health department, the building department, the zoning department or the fire chief recommends disapproval, the reason therefor shall by indicated upon the application or in a separate writing, and the city clerk shall deny the application. If the application is disapproved, the city clerk shall notify the applicant of the disapproval and the reasons therefor. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address. Notwithstanding any other section of this article, the city clerk shall deny any application for a license in which the applicant has supplied false or untrue information. The city clerk shall approve or disapprove every application within 90 days from the date of completed application has been submitted. Upon the expiration of 90 days the applicant shall be permitted to initiate operating the adult entertainment establishment for which a license was sought, unless the city clerk notifies the applicant of a preliminary denial of the application. A preliminary denial shall specify the reasons for denial and shall be sent to the address on the license application, which shall be considered the correct address.

(c)

Revocation. If a license is issued as a result of false information, misrepresentation of fact, or mistake of fact, it shall be revoked. If the application is revoked, the city clerk shall notify the licensee of the revocation and the reasons therefor. Notification shall be by certified mail and shall be sent to the address on the license application, which shall be considered the correct address.

(d)

Appeal. Within 15 days after the mailing of either a notice of denial or preliminary denial of an application for a license or a notification of the revocation of a license, the applicant or licensee may take an appeal to the city commission as provided in this article. If the commission finds that the application should be approved, it shall so order and, upon payment of the appropriate license fee provided in this article of $500.00, the city clerk shall issue the license. If the commission finds the license should not have been revoked, it shall notify the city clerk who shall reissue the license.

(Code 1988, § 2.5-27)