§ 30-1162. Regulatory permits for sexually oriented businesses.

(a)

Regulatory permit required; investigation required. An annual regulatory permit shall be required for each establishment, and it shall be unlawful for any person, partnership, corporation, or any other entity to operate an establishment within the village unless such establishment shall have a currently valid regulatory permit therefor. No permit for an establishment shall be issued until an application is made to the village manager or his or her designee, which shall cause an investigation to be made to determine whether the applicant has complied with this chapter and all other requirements of this Code and of the Florida Statutes. Establishments conducting business within the village on the effective date of this chapter shall be required to submit an application for a permit no later than 5:00 p.m. July 31, 2001. Until such date, no permit shall be required for the continued operation of such existing establishment. Notwithstanding any particular timeframes set forth below, final village decisions on whether to grant or deny any such applications or on any appeals to the village council related to such applications shall be made no later than October 31, 2001.

(b)

Application for regulatory permit; application fee. Each application must be accompanied by a fee of $500.00 to cover the cost of investigation and administration. Each application must be sworn to and state the name, address and date of birth of the applicant, or if a partnership, the names, addresses and dates of birth of the persons who constitute such partnership, or if a limited partnership, the names, addresses and dates of birth of the persons who constitute the general partner, or if a corporation, the names, addresses and dates of birth of its directors and officers. Each application must also include the names, addresses and dates of birth of all present employees of the establishment and all independent contractors performing services with the establishment. Each application shall include a statement as to whether any interested party of the applicant has been convicted within ten years of the date of the application of any specified criminal act and, if so, the name of such interested party, the date and place of conviction, and the nature of the crime for which the interested party was convicted.

(c)

Incomplete application for regulatory permit. No application for a regulatory permit or for a renewal of a regulatory permit shall be processed by the village manager or his or her designee unless such application complies with all the requirements of this section. If an incomplete application, or an application not accompanied by a fee as required herein, is received by the village manager or his or her designee, the village manager or his or her designee shall send a notice of intent to deny permit to the applicant with an explanation of the material and fee necessary to make the application complete. Such notice shall include a statement that if a completed application and/or required fee is not submitted, or if an appeal to village council of the determination by the village manager or his or her designee that such application is incomplete is not submitted within ten days of receipt by applicant of such notice, the application shall be finally denied. If the applicant does not return a properly completed application and any required fee, or does not file a notice of appeal as designated in such notice within ten days of receipt by applicant of notice therefor, the village manager or his or her designee shall notify applicant of final denial of the permit application.

(d)

Violation of regulatory permit requirement. No person, partnership, corporation or other entity shall be charged with violation of section 30-1162 for the operation of an establishment without a permit if such permit application is pending as defined herein. A permit application shall be considered to be pending if such application has been submitted by the applicant, no permit has been issued pursuant thereto, and no final denial of such permit has been received by the applicant.

(e)

Occupational license still required. Permits issued pursuant to this section shall be in addition to and not in lieu of an occupational licenses or other permits or licenses required under this Code or County Code.

(f)

Continuing duty to update application for regulatory permit. Applicants for a permit and any person, partnership, corporation or other entity which has been issued a permit under this section are under a continuing duty to update the information contained in the application submitted for a permit, and shall, within 30 days of any change in such information, notify the village manager or his or her designee in writing of such changes.

(g)

Fingerprinting for application for regulatory permit. All interested parties of the applicant must submit fingerprints to the village manager or his or her designee with the application. During the consideration of and after the issuance of the permit, the applicant and permittee must continue to submit the fingerprints of any new interested parties to remain in compliance with this requirement. Fingerprints shall be submitted in a form to be approved by the village manager or his or her designee, and made in the presence of a fingerprint technician approved by the village manager or his or her designee.

(h)

Issuance of regulatory permit following certain convictions. The village manager or his or her designee shall not grant, without specific authorization from village council, a permit or a renewal of a permit to operate an establishment to any applicant if an interested party thereof has been convicted of a specified criminal act and such conviction is final and not on appeal within ten years of the date of application for a permit. Such conviction shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond upon a charge of a specified criminal act.

(i)

Issuance of regulatory permit to certain persons following revocation. The village manager or his or her designee shall not grant, without specific authorization from village council, a permit to operate an establishment to a person, if such person was the permittee (or was an interested party of the permittee) of an establishment at the time such permit was revoked under the provisions hereof. The village manager or his or her designee shall not grant, without specific authorization from village council, a permit to operate an establishment to a partnership if any partner thereof was a permittee (or was an interested party of the permittee) of an establishment at the time such permit was revoked under the provisions hereof. The village manager or his or her designee shall not grant, without specific authorization from village council, a permit to operate an establishment to a corporation if any officer or director thereof was a permittee, or was an interested party of the permittee of an establishment at the time such permit was revoked under the provisions hereof.

(j)

Issuance, term and renewal of regulatory permit. If the village manager or his or her designee determines that the applicant is eligible to be issued a permit without specific authorization from village council as provided herein, a regulatory permit shall be issued no later than 15 days the application is complete. Such permit shall be effective for one year from the date of issuance. A permit renewal application shall be decided by the village manager or his or her designee no later than 15 days after an application for renewal has been duly submitted together with a renewal application fee of $200.00. In order for the village manager or his or her designee to grant a renewal without specific authorization from village council, the application for renewal and the investigation thereon must show that the applicant is eligible under the provisions hereof for the issuance of a permit without specific authorization from village council.

(k)

Appeal from action of village manager or his or her designee on regulatory permit.

(1)

If the village manager or his or her designee determines that it may not issue a regulatory permit or renewal regulatory permit to the applicant under the provisions of this chapter without specific authorization from village council, or under the provisions of section 30-1162 relating to incomplete applications or applications not accompanied by the required fee, the village manager or his or her designee shall promptly notify the applicant of its intention to deny the permit. Such notice shall include a copy of this section and the reason(s) for the denial of the permit. The applicant shall have the right to appeal this determination to deny the permit to the village council by filing with the village clerk a notice of appeal within ten days of receipt by applicant of notice of intent to deny.

(2)

If an applicant appeals a determination by the village manager or his or her designee to deny a permit based on failure to submit a properly completed application or for failure to submit the required fee, village council shall, within 15 days of such appeal, hold a public hearing to determine whether such application is sufficiently complete to comply with the requirements of this section and if the required fee was submitted therewith. If so, village council shall direct the village manager or his or her designee to process such application.

(3)

If village council shall determine that such application is not sufficiently complete to comply with the requirements of this section, or that the required fee was not submitted therewith, village council shall direct the village manager or his or her designee to issue a notice of final denial of such application for permit. Notwithstanding the foregoing, if village council finds that the defects in the application or the failure to pay the required fee were the result of excusable neglect or inadvertence on the part of the applicant, village council may grant the applicant a specific time period in which to submit a properly completed application and submit the required fee.

(4)

If an applicant appeals a determination by the village manager or his or her designee to deny a permit based on any grounds other than an incomplete application or failure to submit the required fee, village council shall, within 15 days of such appeal, hold a public hearing to determine whether issuance or renewal of the permit would be detrimental to the public health, morals, safety and welfare. In determining whether issuance or renewal of the permit would be detrimental to the public health, morals, safety and welfare, village council shall consider whether the factor(s) which caused the village manager or his or her designee to not issue a permit without specific authorization from village council are related to the use or operation by the applicant (or an interested party thereof) of the establishment for which a permit application is made (or the use or operation by the applicant or an interested party thereof of any other establishment), on the patrons or employees thereof, or of persons residing or doing business nearby.

(5)

If village council determines that such a factor evidences a flagrant disregard for the health, morals, safety or welfare of such establishment's patrons or employees, or of persons residing or doing business nearby, village council shall direct the village manager or his or her designee to issue a notice of final denial of such application for permit.

(6)

If village council determines that one of the factors which caused the village manager or his or her designee not to issue a permit without specific authorization from village council is related to the use or operation (by the applicant or an interested party thereof) of the establishment for which a permit application is made (or the use or operation by the applicant or an interested party thereof of any other establishment) and that such factor does not evidence a flagrant disregard for the health, morals, safety or welfare of such establishment's patrons or employees, or of persons residing or doing business nearby, village council shall direct the village manager or his or her designee to issue a permit to such applicant forthwith.

(7)

In the event an application is finally denied, applicant shall have the right to appeal such denial to the court having jurisdiction of such matters under the Constitution and laws of the State of Florida.

(l)

Authority to revoke regulatory permit; grounds for revocation. The village council, by majority vote of those present, after a hearing as hereinafter provided, is hereby authorized to revoke any permit issued under the provisions of this section of any permittee under any one or more of the following circumstances if the village council makes an affirmative finding that the continued operation of the permitted establishment would be detrimental to the public health, morals, safety and welfare.

(1)

Permittee is convicted of a specified criminal act.

(2)

If the permittee is a partnership, if any partner thereof is convicted of a specified criminal act.

(3)

If the permittee is a corporation, if any officer or director is convicted of a specified criminal act.

(4)

A nuisance as defined in F.S. § 823.05 is maintained at the permitted premises.

(5)

Permittee or any employee of permittee engages in or allows on the permitted premises disorderly or indecent conduct as defined by those portions of the Florida Statutes held constitutional by applicable case law.

(6)

Permittee fails to comply with the fire prevention ordinances of the village after reasonable notice shall have been given to the permittee to eliminate or correct any condition in violation of such ordinances at the permitted establishment.

(7)

Permittee fails to comply with any provision of the health ordinances of the Village of Islamorada, the County of Monroe or the State of Florida after reasonable notice shall have been given to the permittee to eliminate or correct any condition in violation of such ordinances at the permitted establishment.

(8)

Permittee fails to comply with any provision of the village building code, the village electrical code, the village mechanical code, or the village plumbing code after reasonable notice shall have been given to the permittee to eliminate or correct any condition in violation of such ordinances at the permitted establishment.

(9)

Any employee of permittee has been convicted of a specified criminal act for act(s) committed by the employee at the permitted establishment while employed by the permittee.

(10)

Permittee fails to comply with any provisions of this chapter after reasonable notice or correct any condition in violation of such ordinance at the permitted establishment.

(11)

Permittee furnishes incorrect or incomplete information on its application for permit or application for renewal of permit.

(12)

Permittee fails to comply with the occupational license ordinances for the village and county after reasonable notice shall have been given to the permittee to eliminate or correct any condition in violation of such ordinances related to the permitted establishment.

(13)

Permittee fails to furnish notification of changes in application information as required by this section.

(14)

Any person who has been convicted of a specified criminal act within the last ten years becomes an interested party of the establishment holding a permit under this section.

(m)

Notice of hearing concerning revocation of regulatory permit.

(1)

Whenever the village council shall find any of the grounds for revocation enumerated herein to exist, it shall notify the permittee that village council shall hold a public hearing to determine whether the continued operation of the permitted establishment is detrimental to the public health, morals, safety and welfare. In determining whether the continued operation of the permitted establishment is detrimental to the public health, morals, safety and welfare, village council shall consider whether the grounds for revocation which are found to exist are related to the use or operation by the permittee (or an interested party thereof) of the permitted establishment and whether such condition(s) evidences a flagrant disregard for the health, morals, safety or welfare of such permittee's patrons or employees, or of persons residing or doing business nearby.

(2)

If village council determines that a ground for revocation does exist as to a permitted establishment and that such ground relates to the use or operation by the permittee (or of an interested party thereof) of the permitted establishment and that such ground evidences a flagrant disregard for the health, morals, safety or welfare of such permittee's patrons or employees or of persons residing or doing business nearby, village council shall revoke the permit of the permittee.

(3)

If village council determines that no ground for revocation exists as to a permitted establishment, or that no such ground relates to the use or operation by the permittee (or an interested party thereof) of the permitted establishment, or that no such ground evidences a flagrant disregard for the health, morals, safety or welfare of such permittee's patrons or employees, or of persons residing or doing business nearby, village council shall not revoke the permit of the permittee.

(4)

Such hearing is to be held at a time and place to be specified in the notice and at a time not less than ten days from the date of service of the notice. Such notice shall also list with specificity the acts or occurrence concerning which the hearing will be held.

(Ord. No. 01-09, § 2, 6-14-2001)