5.15.050 Procedures for Issuance or Denial of License.
After receiving a complete application for a teen entertainment club license, as specified in Section 5.15.040, the City shall follow the following procedures:
(A) Upon receipt of an application, the City Clerk shall send one copy of the application immediately to the Police Chief for investigation of the applicant. It shall be the duty of the Police Chief to investigate such applicant to determine whether he or she is qualified as a licensee under the provisions of this chapter. The Police Chief shall report to the City Clerk no later than twenty (20) working days subsequent to the receipt of such application. Such report may recommend that conditions be placed on the license. The City Clerk shall schedule the application for consideration by the Governing Body at the earliest convenient meeting date. The Governing Body shall consider the report of the Police Chief and shall issue or deny the license within thirty (30) working days after the date on which the application was considered unless the applicant agrees to an extension of said time period in writing.
(B) A license shall be denied by the Governing Body on one or more of the following grounds:
(1) If the business premises do not comply with all applicable regulatory codes, laws and statutes of the City, of Johnson County Kansas or the State of Kansas;
(2) If the application is incomplete or if it contains any material misrepresentation;
(3) If the application does not propose adequate measures for the protection of the public health, safety and welfare in terms of traffic control, crowd protection and security, both inside and outside the premises, the monitoring of the ages of patrons admitted to the club and an emergency management plan.
(4) To any applicant who has been convicted or diverted of a felony, or, during the immediate preceding five years has been convicted or diverted of any of the following:
(a) Prostitution;
(b) Promotion of prostitution;
(c) Public lewdness;
(d) Gambling;
(e) Violation of the Kansas Uniform Controlled Substance Act or the controlled substance laws of any other governmental entity;
(f) Violation of the liquor laws of the City, the state of Kansas, or any other governmental agency;
(g) Driving under the influence of alcohol or drugs or any other alcohol-related offense;
(h) Disorderly conduct;
(i) Battery;
(j) A violation of this chapter.
(5) To any applicant whose employee or manager has been convicted or diverted of a felony, or, during the immediate preceding five years, has been convicted or diverted of the following:
(a) Prostitution;
(b) Promotion of prostitution;
(c) Public lewdness;
(d) Gambling;
(e) Violation of the Kansas Uniform Controlled Substance Act or the controlled substance laws of any other governmental entity;
(f) Violation of the liquor laws of the City, the state of Kansas, or any other governmental agency;
(g) Driving under the influence of alcohol or drugs or any other alcohol-related offense;
(h) Disorderly conduct;
(i) Battery;
(j) A violation of this chapter.
(6) To a partnership, unless all the members are qualified individually;
(7) To a corporation, if any corporation officer or director thereof or any stockholder owning in the aggregate more than 25% of the stock of such corporation would be ineligible to receive a license;
(8) To a person whose place of business is conducted by a manager or agent unless the manager or agent possesses the same qualifications required of the licensee;
(9) If the proposed location of a club is within 1,000 feet of an existing teen entertainment club;
(10) No person defined herein who has a proprietary interest in a teen entertainment club that has been revoked, or any person acting on his or her behalf, shall be granted a teen entertainment club license within the City for a period of twelve (12) months following the date of revocation.
(C) No license to operate a teen entertainment club shall be issued until notice has been given by the applicant by certified mail, return receipt requested, to all property owners and to all parties in possession of real property within 300 feet of the teen entertainment club premises as described in the application at least ten (10) days prior to the Governing Body hearing.
(D) The Governing Body may impose such conditions on the issuance of the license which are necessary to protect the public health, safety and welfare. Conditions shall be based upon specific and articulable facts reasonably related to insuring public health and safety, including but not limited to, the protection of minors from alcohol and other criminal activity, prevention of public nuisances, enhancement of fire protection, traffic control, crowd control, security lighting and emergency access. Such conditions are only subject to change at (1) the time of renewal of the license, (2) after a hearing requested in writing by the applicant to modify the conditions, or (3) after ten (10) days written notice to the applicant and a hearing by the Governing Body to consider additional or modified conditions designed to protect the public health and safety. (Ord. 14-41 § 2, 2014; Ord. 01-42 § 1, 2001.)