Chapter 5.04 COMMERCIAL BUSINESS LICENCES


Section 5.04.490 Issuance conditions.

    A.    Specified. The County Commission shall approve the issuance of a license to the applicant within thirty (30) days after receipt of a completed application unless the official finds one or more of the following:
    1.    The applicant is under eighteen (18) years of age.
    2.    The applicant is overdue in payment to the County of taxes, fees, fines or penalties assessed against the applicant or imposed on the applicant in relation to a sexually oriented business.
    3.    The applicant has falsely answered a material question or request for information as authorized by this article.
    4.    The applicant has violated a provision of this chapter or similar provisions found in the statutes or ordinances from any jurisdiction within two years immediately preceding the application; a criminal conviction for a violation of a provision of this article or similar provisions from any jurisdiction, whether or not it is being appealed, is conclusive evidence of a violation, be a conviction is not necessary to prove a violation.
    5.    The premises to be used for the business has been disapproved by the Davis County Health Department, Sheriff’s Department or Fire Department serving the area in which the business is located, building officials, or zoning officials as not being in compliance with applicable laws and ordinances of the County.  If any of the foregoing reviewing agencies cannot complete their review within the thirty (30) day approval or denial period, the agency or department may obtain from the County Commission an extension of time of no more than thirty (30) days for their review.
    6.    The required license fees have not been paid.
    7.    All applicable sales and use taxes have not been paid.
    8.    An applicant for the proposed business is in violation of or not in compliance with this chapter or similar provisions found in statutes or ordinances from any jurisdiction.
    9.    An applicant has been convicted or pleaded or pled nolo contendere to crime involving: prostitution; aggravated exploitation of prostitution; solicitation of sex acts, sex acts for hire; compelling prostitution; aiding prostitution; sale, distribution, or display of material harmful to minors, sexual performance by minors, possession of child pornography, lewdness, indecent exposure, any crime involving sexual abuse or exposure, any crime involving sexual abuse of exploitation of a child, sexual assault or aggravated sexual assault, rape, forcible sodomy, forcible sexual abuse, incest, harboring a runaway child, criminal attempt, conspiracy or solicitation to commit any of the foregoing offenses, or offenses involving similar elements from any jurisdiction, regardless of the exact title of the offense for which:
    a.    Less than two years have elapsed from the date of conviction if the conviction is of a misdemeanor offense or less than five years if the convictions are of two or more misdemeanors within the last five years;
    b.    Less than five years have elapsed from the date of conviction if the offense is a felony;
    c.    The fact that a conviction is being appealed shall have no effect on the disqualification pursuant of this section.
    B.    Approval Time -- Review. The total time for the County to approve or deny a license shall not exceed sixty (60) days from the receipt of a completed application and payment of all fees. Businesses located outside of unincorporated County, but requiring a license under this article, may be denied a license pursuant to this article if the business does not have a valid business license to conduct business at the business location from the appropriate jurisdiction for that location.
    1.    Upon receipt of an application, all departments required to review the application shall determine within ten (10) working days whether or not the application is incomplete in items needed for processing. Incomplete applications shall immediately be returned to the applicant with specification of the items which are not complete.
    2.    The time for processing applications specified in this section shall begin to run from the receipt of a complete application.
    3.    In the event that a license for semi-nude entertainment, semi-nude dancing agencies, adult businesses, or semi-nude entertainment businesses has not been disapproved within thirty (30) days allowed after an extension, the County shall issue the license pending completion of the County’ s review.
    4.    Any license pursuant to subsection (B)(3) of this section may be revoked by the County pursuant to the revocation procedures provided for in this article if the completed review determines that the license should have been denied. (Ord. 4-2000 Art. X(M))