(Amended by Ordinance Nos. 186746 and 188976, effective June 29, 2018.)
A. Upon the filing of an application for a permit and payment of the required fee, the Chief of Police shall conduct an investigation of the applicant and all principals and employees listed according to the requirements in Subsection 14B.90.040 A. The Director shall issue the permit within 90 days of receiving the application if no cause for denial exists.
B. Except as provided in Subsection 14B.90.050 C. the Director shall deny an application for a permit if any of the following apply:
1. The applicant, or any Person who will be directly engaged in the management or operation of the business, or any Person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by Chapter 14B.90; and
a. the license or permit for the business has been revoked for cause that would be grounds for revocation pursuant to Chapter 14B.90; or
b. the business has been found to constitute a public nuisance and abatement has been ordered.
2. Any Person listed on the initial application or renewal application has been convicted of one or more of the offenses listed below or has violated any section of Chapter 14B.90. The offenses include:
a. Any felony.
b. Any misdemeanor or violation involving either bribery, controlled substances, deception, dishonesty, forgery, fraud, or theft, or any attempt or conspiracy to commit any of the listed offenses.
3. The Director finds by a preponderance of the evidence that the applicant or any Principal or employee has committed any offense relating to fraud, theft or any attempt or conspiracy to commit theft, or any offense listed in Section 14B.90.120;
4. The Director finds by a preponderance of the evidence that the applicant or any Principal or employee who will be involved in the business has violated any law where the elements of such law are equivalent to the provisions of Chapter 14B.90;
5. Any statement in the application is false or any required information is withheld; or
6. The Director finds by a preponderance of the evidence that the applicant, or any person who will be directly engaged or employed in the management or operation of the business, or any Person who owns a five percent or more interest in the business, has previously owned or operated a business regulated by Chapter 14B.90 or any laws or statutes equivalent to the provisions of Chapter 14B.90, and the business has violated applicable State, Federal or local requirements, including permitting requirements.
C. Notwithstanding Subsection 14B.90.050 B., the Director may grant a permit after consulting with the Chief of Police despite the presence of one or more of the enumerated factors if the applicant establishes to the Director’s reasonable satisfaction that:
1. The behavior evidenced by such factor is not likely to recur; or,
2. The behavior evidenced by such factor is remote in time; or,
3. The behavior evidenced by such factor occurred under circumstances that diminish the seriousness of the factor as it relates to the purpose of Chapter 14B.90.
D. Permits are valid for a term of one year and expire on the first anniversary of their issuance. The permits are nontransferable and are valid only for a single Business Location. When the Business Location is to be changed, the permit holder shall provide the address of the new location in writing to the Revenue Division for approval at least 14 days prior to the change.
E. Permits must be displayed at the Business Location in a manner readily visible to patrons.
F. Upon denial of an application for a permit, the Director shall give the applicant written notice of the denial.
1. Service of the notice will be accomplished by mailing the notice to the applicant by certified mail, return receipt requested.
2. Mailing of the notice will be prima facie evidence of receipt of the notice.
3. The denial will be effective the date the notice is sent.
G. Denial of a permit may be appealed by filing written notice of an appeal within 10 days of the date of denial in accordance with Section 14B.90.150.