§ 17-451. Requirements for issuance of permit.

(a)

The Chief of Police shall approve the issuance of a permit within 60 days after receipt of a completed application and fee unless the Chief of Police finds one or more of the following to be true:

(1)

An applicant is under 18 years of age.

(2)

An applicant has failed to answer or falsely answered a question or request for information on the application.

(3)

An applicant has been convicted of a violation of this article within two years immediately preceding the application.

(4)

An applicant has failed to obtain a certification from the Fire Marshal that the dance hall complies with all applicable provisions of the fire code relative to places of assembly.

(5)

An applicant has failed to obtain a certification from the POD that the dance hall complies with all applicable provisions of chapter 16.

(6)

a.

An applicant has been convicted of a crime involving:

1.

Any felony;

2.

Any misdemeanor offense of F.S. ch. 784, assault; battery; culpable negligence; F.S. ch. 787, kidnapping; false imprisonment; luring or enticing a child; custody offenses; F.S. ch. 790, weapons and firearms; F.S. ch. 794, sexual battery; F.S. ch. 800, lewdness; indecent exposure; F.S. ch. 812, theft, robbery and related crimes; F.S. ch. 827, abuse of children; F.S. ch. 837, perjury; F.S. ch. 856, drunkenness, open house parties; loitering; prowling; desertion; F.S. ch. 859, poisons; adulterated drugs; F.S. ch. 870, affrays; riots; routs; unlawful assemblies; F.S. ch. 874, criminal gang enforcement and prevention; F.S. ch. 877, miscellaneous crimes, or F.S. ch. 893, drug abuse prevention and control, as said chapters currently exist or may be amended from time to time, or any comparable or similar municipal or county ordinance or federal law, or a Specified Criminal Act as defined in division 1; or

3.

Any violation of dance hall regulations of any other City, county or State;

b.

If convicted of a crime described in subsection (a)(6)a of this section, for which:

1.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;

2.

Less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or

3.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24-month period.

(b)

The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. An applicant who has been convicted of an offense listed in this subsection may qualify for a permit only when the required time period has elapsed.

(c)

The application shall be reviewed by the police department, the fire department and the POD for compliance with the provisions of this section. Review shall be conducted by the fire department and POD within 30 days from the receipt of the application by the Chief of Police, and their comments forwarded to the Chief of Police for consideration in issuance of the permit in accordance with the provisions hereof.

(d)

The Chief of Police shall notify the applicant in writing of the approval or denial and, if approved, state where the applicant must pay the permit fee and obtain the permit. The Chief of Police's approval of the issuance of a permit does not authorize the applicant to operate a dance hall until the applicant has complied with all other requirements of the Code and obtained possession of the permit required hereunder.

(e)

The permit shall state on its face the name of the person to whom it is granted, the expiration date, the address of the dance hall, and whether it is issued for a juvenile dance hall or adult dance hall.

(f)

The permit must be posted in a conspicuous place at or near the main entrance to the dance hall so that it may be easily read at any time.

(Code 1992, § 17-334; Ord. No. 349-G, § 1, 10-1-1998)