[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:
(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.