Sec. 10-44Application—Investigation

The city shall have up to 45 days to investigate the application and the background of the applicant. Upon completion of the investigation, the mayor and council may grant the permit at its next regular meeting if it finds:

(1) The required fee has been paid.

(2) Application conforms in all respects to the provisions of this chapter.

(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 officers or directors, if the applicant is a corporation, or any of the partners, including limited partners, if the applicant is a partnership, has not been convicted in a court of competent jurisdiction of an offense involving a sex-related crime or drug-related or alcohol-related felony or convicted of an attempt to commit any of the above-mentioned offenses, or convicted in any state of any offense which if committed or attempted in this state, would have been punishable as one or more of the above-mentioned offenses.

(6) Applicant has not had an adult entertainment establishment occupation tax certificate or other similar license or permit denied or revoked for cause involving moral character in this city or any other city located in or out of this state prior to the date of application.

(7) The building, structure, equipment, or location of such business, as proposed by applicant, would comply with all applicable zoning and distance laws.

(8) The applicant is at least 21 years of age.

(9) That the applicant, his or her employee, agent, partner, director, officer, 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 herein 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 the specified sexual activities as defined herein openly occur.

(10) That on the date the business for which an occupation tax certificate is required herein 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) That the proposed premises is not to be located within 1,000 feet of any parcel of land which is zoned for multifamily or single family uses or purposes; within 1,000 feet of any parcel of land upon which a church, school, governmental building simultaneously owned and occupied by such government, library, civic center, neighborhood public park, or neighborhood playground is located; within 1,000 feet of any parcel upon which another establishment regulated or defined hereunder is located within any zoning category other than industrial or general commercial; within 1,000 feet of any parcel of land upon which an establishment is licensed to sell any form of alcoholic beverages; within 1,000 feet of any parcel of land upon which a day care center or child-care facility is operated.

(12) That the grant of such occupation tax certificate will not cause a violation of this chapter or any other ordinance or regulation of the City of Ashburn, the State of Georgia, or the United States.