§ 2-2.5-5. Issuance of license.

(a)

Upon the filing of a completed application under section 2-2.5-4(c) for a sexually oriented business license, the Manatee County Administrator shall, if the application on its face shows that the applicant meets the requirements of this subsection, issue a temporary license to the applicant within twenty-four (24) hours of the receipt of the application. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within twenty (20) days of the filing date of a completed sexually oriented business license application, the county administrator shall issue a license to the applicant or issue to the applicant a letter of intent to deny the application. The county administrator shall issue a license unless:

(1)

An applicant is less than eighteen (18) years of age.

(2)

An applicant has failed to provide information as required by section 2-2.5-4 for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

The license application fee required by this chapter has not been paid.

(4)

The sexually oriented business, as defined herein, is not in compliance with the interior configuration requirements of this chapter or is not in compliance with locational requirements of the Manatee County Land Development Code.

(5)

Any sexually oriented business in which an applicant has had an influential interest in the previous five (5) years has, for conduct occurring when the applicant had the influential interest and had knowledge of the conduct been:

a.

Declared by a court of law to be a nuisance; or

b.

Subject to a court order of closure or padlocking.

(6)

An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.

(b)

Upon the filing of a completed application under section 2-2.5-4(c) for a sexually oriented business employee license, the Manatee County Administrator shall immediately issue a temporary license to the applicant, which temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within twenty (20) days of the filing date of a completed sexually oriented business employee license application, the county administrator shall either issue a license or issue a written notice of intent to deny a license to the applicant. The county administrator shall issue a license unless:

(1)

The applicant is less than eighteen (18) years of age.

(2)

The applicant has failed to provide information as required by section 2-2.5-4 for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

The license application fee required by this chapter has not been paid.

(4)

Any sexually oriented business in which an applicant has had an influential interest in the previous five (5) years has, for conduct occurring when the applicant had the influential interest and had knowledge of the conduct been:

a.

Declared by a court of law to be a nuisance; or

b.

Subject to a court order of closure or padlocking.

(5)

The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this chapter.

(c)

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for a sexually oriented business, the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it may be read at any time. A sexually oriented business employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.

(d)

The issuance of a license hereunder shall not constitute waiver of compliance with any Manatee County land use, zoning, or comprehensive plan ordinance requirements, nor shall such issuance be interpreted as a finding or ruling that the licensee has complied with such requirements.

(Ord. No. 05-21, 4-19-05)