Cumming |
Code of Ordinances |
Chapter 14. LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS |
Article VI. ADULT ESTABLISHMENTS |
Division 2. ADULT ENTERTAINMENT ESTABLISHMENTS |
SubDivision II. License |
§ 14-230. Application investigation.
The city shall have 30 days to investigate the application and background of the applicant. Upon completion of the investigation, the city administrator may grant the license if he finds:
(1)
The required application fee has been paid.
(2)
The application conforms in all respects to the provisions of this division.
(3)
The applicant has not knowingly made a material misrepresentation in the application.
(4)
The applicant has fully cooperated in the investigation of his application.
(5)
The applicant, if an individual; or any of the stockholders or any officers or directors, if the applicant is a corporation; or any of the partners, including limited partners, if the applicant is a partnership, limited partnership or limited liability partnership; or any of the members, if the applicant is a limited liability company; or any of the participants, if the applicant is some other organization, venture or firm, has not been convicted in a court of competent jurisdiction of an offense involving conduct or convicted of an attempt to commit any of the above-mentioned offenses, or convicted in any state of any offense that, if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses, or any crime involving dishonesty, fraud, deceit or moral turpitude.
(6)
The applicant has not had an adult entertainment establishment license or other similar license or permit denied or revoked for cause by this city or any other city, county or state located within or without this state prior to the date of application.
(7)
The building, structure, equipment or location of such business as proposed by the applicant would comply with all applicable laws, including but not limited to health, zoning, distance, fire and safety requirements and standards.
(8)
The applicant is at least 21 years of age.
(9)
The applicant, his employee, agent, partner, director, officer, stockholder or manager, has not, within five years of the date of the application, knowingly allowed or permitted any of the specified sexual activities as defined in this division to be committed or allowed in or upon the premises where such adult entertainment establishment is to be located or to be used as a place in which solicitations for such specified sexual activities openly occur.
(10)
That on the date the business commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open.
(11)
The proposed premises is not to be located nearer to any church, school, library, government building or site or any other business restricted under this division than permitted elsewhere in this chapter.
(12)
The grant of such license will not cause a violation of this chapter or regulation of the city, the state or the United States.
(13)
Any other inquiry deemed necessary or desirable by the city to ensure the health, safety, morals and welfare of the citizens of the city or the preservation of its neighborhoods.
(Code 1998, § 10-89; Ord. of 2-18-1997, § I-11)