§ 66-137.9. Denying of application or license.

(1)

The building and planning department shall review the findings reported by the departments and deny the application for any of the following reasons:

(a)

The application contains material false information or is incomplete;

(b)

Applicant has failed to comply with a provision of the Florida Statutes, including F.S. ch. 607, dealing with corporations; F.S. ch. 620, concerning partnerships; or F.S. § 895.09, regarding doing business under fictitious names;

(c)

Applicant or applicant(s), or any individual partners or corporate officers of the applicant has a license under this division that has been suspended or revoked, or has had a license under this division suspended or revoked within the last two years;

(d)

The granting of the application would violate a statute, code, or ordinance, or an order from a court of law which effectively prohibits the applicant from obtaining an adult entertainment establishment license.

(2)

If the building and planning department denies the application, the building and planning department shall, within seven days, notify the applicant of the denial by certified mail, return receipt requested, and state the reasons for the denial.

(a)

Any decision of the building and planning department pursuant to the provisions of this division, or any failure of the building and planning department to render a decision within 45 days may be immediately reviewed as a matter of right by a court of competent jurisdiction upon the filing of an appropriate pleading by an aggrieved party.

(b)

In the event an application is denied, nothing herein prohibits or shall be construed as prohibiting an applicant from filing with the building and planning department a subsequent application upon payment of the required application fee.

(Ord. No. 920, § 1, 3-26-01)