City of Pocomoke, MD License

The City Council shall approve issuance or renewal of a dry nightclub license within 60 days after receipt of an application unless the City Manager finds one or more of the following to be true:

(1)

An applicant is under 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 years immediately preceding the application;

(4)

An applicant has failed to obtain a certification from the Fire Marshal 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 approval of a conditional use by the Board of Zoning Appeals (unless grandfathered), parking, and all other requirements; or

(6)

An applicant has been convicted of a crime:

(a)

Involving:

[1]

Any felony;

[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; or

[3]

Any violation of dry nightclub or similar regulations of any other City, county, or state government; and

(b)

For which:

[1]

Less than two 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 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 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 or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.

[4]

The fact that a conviction is being appealed has no effect on the disqualifications of the applicant under Subsection A(6)(a) above.

The application shall be reviewed by the Police Department, the Fire Marshal and the Department of Building and Zoning for compliance with the provisions of this section. Review shall be conducted by the Police Department, Fire Marshal and Department of Building and Zoning within 30 days from the receipt of the application by the City Manager, and their comments forwarded to the City Manager for consideration in issuance of the license in accordance with the provisions hereof.

The City Manager, upon approving an application for issuance or renewal of a dry nightclub license, shall forward the application to the Mayor and City Council for final approval. Upon final approval by the Mayor and City Council, the City Manager 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 Council'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.

If, after review of the application and related information, the City Manager denies the application, the City Manager shall send a letter recommending denial to the Mayor and City Council for their review within 60 days of the application. A copy of the letter will be sent to the applicant by certified mail. Following a public hearing, the Mayor and City Council may uphold or overrule the City Manager's recommendation.

The license shall state on its face the name of the person(s) 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.

The license must be posted in a conspicuous place at or near the main entrance to the dry nightclub so that it may be easily read at any time.

No license shall be issued or renewed to any person who has not:

(1)

Paid any personal property taxes for which a bill has been rendered;

(2)

Paid any real property taxes due if the licensee owns the premises; or

(3)

Paid any CDMA dues or other fees which may be outstanding; or

(4)

Paid all required dry nightclub application fees.