§ 22-103. Issuance of license.  


Latest version.
  • (a)

    Adult establishment license. Upon the filing of a completed application for an adult establishment license, the city clerk shall immediately issue a temporary license to the applicant if the completed application is from a pre-existing adult establishment that is lawfully operating in the city and the completed application, on its face, indicates that the applicant is entitled to an annual adult establishment license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within 30 days of the filing of a completed adult establishment license application, the city clerk shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The city clerk shall issue a license unless:

    (1)

    An applicant is less than 18 years of age.

    (2)

    An applicant has failed to provide information required by this article 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 article has not been paid.

    (4)

    The adult establishment, as defined herein, is not in compliance with the interior configuration requirements of this article.

    (5)

    The location of the adult establishment does not comply with the location requirements of this article or of the Chamblee Code. This ground for denial of an adult establishment license, however, shall not prevent issuance or renewal of an adult establishment license to an establishment that was, in all respects, operating lawfully at the location for which the adult establishment license is sought, at the time of the adoption of this subsection.

    (6)

    Any adult establishment in which an applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):

    a.

    Been declared by a court of law to be a nuisance; or

    b.

    Been subject to an order of closure.

    (7)

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

    (b)

    Employee license. Upon the filing of a completed application for an adult establishment employee license, the city clerk shall immediately issue a temporary license to the applicant if the applicant seeks licensure to work in a licensed adult establishment and the completed application, on its face, indicates that the applicant is entitled to an annual adult establishment employee license. The temporary license shall expire upon the final decision of the city to deny or grant an annual license. Within 30 days of the filing of a completed adult establishment employee license application, the city clerk shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The city clerk shall issue a license unless:

    (1)

    The applicant is less than 18 years of age.

    (2)

    The applicant has failed to provide information as required by this article 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 article has not been paid.

    (4)

    Any adult establishment in which the applicant has had an influential interest, has, in the previous five years (and at a time during which the applicant had the influential interest):

    a.

    Been declared by a court of law to be a nuisance; or

    b.

    Been subject to an order of closure.

    (5)

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

    (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 an adult establishment, the address of the adult establishment. The adult establishment license shall be posted in a conspicuous place at or near the entrance to the adult establishment so that it may be read at any time that the business is occupied by patrons or is open to the public. An adult establishment employee shall keep the employee's license on his or her person or on the premises where the licensee is then working.

(Ord. No. 752 , pt. I, 10-16-18)