[Ord. No. 2017-03 § 1, 3-6-2017]
A. 
No person may operate a dry nightclub without a license.
B. 
A notarized application for a license shall be made on a form provided by the City Collector. The applicant must be qualified according to the provisions of this Chapter.
C. 
The applicant shall indicate whether the application is for a minor dry nightclub or adult dry nightclub.
D. 
A person who wishes to operate a dry nightclub shall sign the application for a license as applicant. If a person who wishes to operate a dry nightclub is other than an individual, each individual who has an interest in the business must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 610.190 and each applicant shall be considered a licensee if a license is granted.
[Ord. No. 2017-03 § 1, 3-6-2017]
A. 
The City Collector shall approve issuance of a dry nightclub license within sixty (60) days after receipt of an application unless the City Collector finds one (1) or more of the following to be true:
1. 
An applicant is under twenty-one (21) years of age.
2. 
An applicant has failed to answer or falsely answered a question(s) or request for information on the application provided.
3. 
An applicant has been convicted of a violation of any dry nightclub regulations within two (2) years immediately preceding the application.
4. 
An applicant has failed to obtain a certification from the Fire Chief and Building Inspector that the dry nightclub complies with all applicable provisions of Fire, Life Safety and Building Codes, relative to places of assembly, including but not limited to maximum permitted occupancy load.
5. 
An applicant has failed to obtain a certification from the Zoning Administrator that the dry nightclub complies with all applicable provisions of the Zoning Code, including but not limited to parking.
6. 
An applicant has been convicted of a crime,
a. 
Involving:
(1) 
Any felony; or
(2) 
Any misdemeanor offense of abduction, assault, battery, bribery/obstructing justice, carrying deadly weapon/hand gun violations, controlled dangerous substances, fraud, gaming violations, nudity/sexual display/obscene matter violations, pandering, sexual offenses, theft;
(3) 
Any violation of dry nightclub or similar regulations of any other City, County, State or government; and
b. 
For which:
(1) 
Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
(2) 
Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or
(3) 
Less than five (5) years have elapsed since the date of the last conviction or the date or release from confinement for last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
B. 
The fact that a conviction is being appealed has no effect on the disqualifications of the applicant under Subsection (A)(6) of this Section.
C. 
The application shall be reviewed by the Police Department, the Fire Chief, the Building Inspector and the Code Enforcement Officer for compliance with the provisions of this Section. Review shall be conducted by the Police Department, Fire Marshal and Department of Planning and Community Development within thirty (30) days from the receipt of the application by the City Collector, and their comments forwarded to the City Collector for consideration in issuance of the license in accordance with the provisions hereof.
D. 
The City Collector, upon approving issuance of a dry nightclub license, shall send to the applicant, by certified mail, return receipt requested, written notice of that action and state where the applicant must pay the license fee and obtain the license. The City Collector's approval of the issuance of a license does not authorize the applicant to operate a dry nightclub until the applicant has paid all fees required by this Chapter and obtained possession of the license.
E. 
The license shall state on its face the name of the person to whom it is granted, the expiration date, the address of the dry nightclub, and whether it is issued for a minor dry nightclub or adult dry nightclub.
F. 
The license must be posted in a conspicuous place at or near the entrance to the dry nightclub so that it may be easily read at any time.
[Ord. No. 2017-03 § 1, 3-6-2017]
The City Council may, by resolution, establish non-refundable fees for the City to review the contents of a dry nightclub license application and for each license issued under the terms of this Chapter.
[Ord. No. 2017-03 § 1, 3-6-2017]
A licensee shall not transfer a license to another person, nor shall a licensee operate a dry nightclub under the authority of a license at any place other than the address designated in the application.
[Ord. No. 2017-03 § 1, 3-6-2017]
A. 
A license for a dry nightclub expires on May 31 of each year. A license may be renewed only by making application as provided in 610.190. Application for renewal should be made at least sixty (60) days before the expiration date, and when made less than sixty (60) days before the expiration date, the expiration of the license will not be affected by the pendency of the application.
B. 
If the City Collector denies renewal of a license, the applicant may not be issued any dry nightclub license for one (1) year from the date denial becomes final. If, subsequent to denial, the City Collector finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least ninety (90) days have elapsed since the date denial becomes final.