§ 12-144. Issuance of license.

(a)

The town clerk shall transmit a copy of the completed application, containing all the required information outlined in section 12-143(2), to the police department for an investigative report, the planning department to determine compliance with all zoning, building regulations, and ordinances, and the fire department to determine compliance with any law relating to the fire protection.

(b)

The police, planning, and fire departments shall, within a reasonable time not to exceed 45 working days, report the results of their examinations to the town clerk.

(c)

The planning and development department's report will include the recommendation of the town planning board on the approval or denial of the conditional use site plan application as outlined in section 48-525.

(d)

If the police, planning, and fire departments do not respond within 45 working days to the town clerk then the application and conditional use site plan is to be deemed to meet the approval of the police, planning, including the planning board, and the fire departments.

(e)

A completed application accompanied by all required information outlined in section 12-143(2), and all reports and recommendations as outlined in this section, shall be submitted to the town clerk and placed on the agenda of the next regularly scheduled board of commissioners meeting.

(f)

Upon the receipt of such application for a sexually oriented business license, the board of commissioners shall review the conditional use application, the site plan, and the sexually oriented business license application and approve the issuance of the license if the board determines that:

(1)

The application contains no misstatement of fact.

(2)

The applicant, or any person or entity having any legal or beneficial ownership interest in the application, has not been convicted of a sexually related crime, prostitution or a violation of any law relative to prostitution, crime involving sexual misconduct as codified in the laws of the United States, this or any other state including, but not limited to convictions of violations of the offenses enumerated in G.S. 14-177—14-208, or the same offenses as codified in the laws of the United States, this or any other state.

(3)

The applicant conforms to all requirements of applicable zoning, building, and fire prevention codes.

(4)

The applicant or any person, corporation, partnership, association or other entity having a legal or beneficial ownership interest in the applicant has not, for the five-year period preceding the application, had a previously issued license for engaging in any sexually oriented business that has been suspended or revoked anywhere.

(5)

The applicant's conditional use site plan is approved by the board of commissioners.

(g)

If the board of commissioners has not approved or denied the sexually oriented business application within 30 days from receiving the completed application and conditional use application, the license shall be deemed granted.

(Code 1990, § 10-179)