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2006-03-03
CITY-OF-BATESVILLE
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2006-03-03
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(4) An applicant has been convicted of a specified criminal activity as defined in <br /> "ARTICLE I, Definitions"; <br /> (5) Except for a sexually business lawfully operating on the date this Ordinance <br /> is enacted, the premises to be used for the sexually oriented business do not <br /> comply with the location restrictions set forth in "ARTICLE XI, Location <br /> Restrictions"; <br /> (6) The premises to be used for the sexually oriented business have not been <br /> approved by the fire department and the code enforcement department as being <br /> in compliance with applicable laws and ordinances; <br /> (7) An applicant has been finally denied, after opportunity to exercise due <br /> process rights, a license by the city to operate a sexually oriented business for <br /> any of the above listed reasons within the preceding (12) twelve months, or his <br /> license to operate a sexually oriented business has been finally revoked, after <br /> opportunity to exercise due process rights, for any of the reasons listed in <br /> "ARTICLE VII, Suspension" and "ARTICLE VIII, Revocation" within the preceding <br /> twelve (12) months. <br /> (e) A license issued pursuant to subsection (d) of this section, if granted, shall state on <br /> its face the name of the person or persons to whom it is granted, the expiration date, the <br /> C address of the sexually oriented business, and the section "ARTICLE II, Classification" <br /> classification for which the license is issued. The license shall be posted in a <br /> conspicuous place at or near the entrance to the sexually oriented business so that it <br /> may be easily read at any time. <br /> (f) The fire department and code enforcement department shall complete their <br /> certification that the premises are in compliance or not in compliance within twenty (20) <br /> days of receipt of the completed application by the Enforcement officer. The certification <br /> shall be promptly presented to the Enforcement officer. <br /> (g) A sexually oriented business license shall issue for only one classification, as set <br /> forth in "ARTICLE II, Classification". <br /> (h) In the event that the Enforcement officer determines preliminarily that an applicant <br /> is not eligible for a sexually oriented business license, the applicant shall be given <br /> notice in writing by certified mail, return receipt requested, of each of the above reasons <br /> which support such preliminary denial within forty-five (45) days of the receipt of the <br /> completed application by the Enforcement officer. The applicant shall have ten (10) <br /> days after receipt of the notice to make modifications necessary for purposes of <br /> complying with this section and to reapply for a sexually oriented business license. After <br /> ten (10) days, the denial will become final unless such modification and reapplication is <br /> made by the applicant. However, if additional time is shown by the applicant to be <br /> reasonably necessary to comply with this section, the Enforcement officer may grant an <br /> extension, not to exceed an additional thirty (30) days. Upon receipt of modifications <br />
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