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14B.110.060 Permit Application, Issuance, Denial.

(Amended by Ordinance No. 186746, effective August 6, 2014.)

A.  Applications for all permits required by this Chapter shall be made to the Revenue Division on forms provided by the Revenue Division.  The applicant shall provide all the information relating to the purposes of this Chapter required on the form by the Revenue Division.  Failure to provide any information requested on this form may be cause to deny the requested permit.

B.  The Director shall approve issuance of permits after payment of the required fee, completion of the application form and following an investigation of the applicant.  However, the Director shall deny a permit application if:

1.  The applicant has been convicted of any offense related to minors, juveniles, gambling, obscenity, controlled substances, prostitution or alcoholic beverages;

2.  Any person has been convicted of any offense relating to minors, juveniles gambling, obscenity, controlled substances, prostitution or alcoholic beverages occurring at the location for which the permit is to be obtained;

3.  Any statement in the application is found to be false;

4.  The applicant has been a principal owner, operator, manager or supervisor of an amusement location and the activities or patrons of such business caused a significant increase in harassing, disorderly or violent acts, criminal activity, vandalism, litter, liquor law violations, noise or traffic congestion in or around such business;

5.  In the Director’s opinion, after investigation of the proposed location of an amusement location, the proposed site would be reasonably likely to result in an increase in those acts noted in part (4) of this Subsection;

6.  The business operation as proposed by the applicant would not comply with all applicable requirements of this Code, including, but not limited to, the Building, Health, Planning and Zoning and Fire Codes of the City;

7.  The permitted amusement center would be located within 100 feet of any residential zone established by the Planning and Zoning Code or any location within 500 feet of any public or private elementary, junior high or high school or playground, this distance to be measured in a straight line without regard to intervening structures or obstacles from the nearest point of the school property or residential zone to the nearest point of the structure in which the permitted amusement devices would be operated; or,

8.  The proposed location of the business operation requiring a Location Permit, would be a detriment to the immediate vicinity due to congregation of pedestrian or vehicular traffic.

C.  Notwithstanding Subsection B. above, the Director with the concurrence of the Chief of Police may issue a conditional permit if the applicant establishes to the Director’s satisfaction that:

1.  The behavior evidenced by such factor is not likely to recur;

2.  The behavior evidenced by such factor is remote in time; or,

3.  The behavior evidenced by such factor occurred under circumstances which diminish the seriousness of the factor as it relates to the purpose of this Chapter.

4.  Under this Subsection, the Director may only issue a permit containing conditions directed at ensuring that such factor shall not recur.

D.  Denial of a permit may be appealed by the applicant by filing written notice of an appeal as provided in Section 14B.110.140.