§ 24-23. Grant; denial; rejection.

(a)

Time period for granting or denying permit. Except as time may be extended by subsection 24-21(d), the department shall grant or deny an application for a permit under this article II within 45 days from the date of its properly completed filing. Upon the expiration of the designated period and payment of the appropriate annual fees, the applicant shall be permitted to begin operating the establishment for which a permit is sought, unless the department notifies the applicant of a denial of the application and states the reasons for that denial. Granting of a permit under this section shall not substitute for obtaining the appropriate occupational license(s), a certificate of occupancy or completion where otherwise required, nor shall it substitute for any other requirement imposed by any other Code of the county.

(b)

Granting of application for permit. If none of the departments have made a finding that would require that the application be denied, the department shall grant the application, notify the applicant within seven days of the granting, and issue the permit to the applicant upon payment of the appropriate annual permit fee required in this chapter.

(c)

Denying of application for permit.

(1)

The department shall review the findings reported by the departments and deny the application for any of the following reasons:

a.

The application contains materially false information or is incomplete or does not comply with section 24-21 herein;

b.

The applicant has failed to comply with Florida Statute Chapter 607 regarding corporations, Chapter 620 regarding partnerships, or Chapter 895.09 regarding fictitious names;

c.

The granting of the application would violate a statute or ordinance, deed restriction, lease, or an order from a court of law which prohibits the applicant from obtaining an adult entertainment establishment permit;

d.

The applicant or any other individual listed pursuant to section 24-21(b)(1) has had a permit under this chapter suspended or revoked by the department.

(2)

If the application is denied, the department shall, within seven days, notify the applicant of the denial and the reasons for the denial.

(d)

Rejection of application. If a person applies for a permit at a particular location within a period of nine months from the date of denial of a previous application for a permit at the location, and there have been no intervening changes in the circumstances which would lead to a different decision regarding the former reason(s) for denial, the application shall be rejected.

(e)

Stay of rejection. In the event there is a timely appeal of a rejection of the application then the rejection shall be tolled during the pendency of such appeal until such time as the appeal is withdrawn, dismissed, or denied.

(Ord. No. 2000-03, § 1, 5-25-00)