Sec. 150.207. - Issuance; notice of denial; review; final denial.

(a) Upon the completion of the investigation of an application by the Sheriff and other interested agencies, the Sheriff shall approve or disapprove the application. The investigation shall be completed within 30 days of the application being filed. If approved, the license shall be issued upon the payment of the appropriate license fee provided in Section 150.215 , evidenced by a receipt of the Tax Collector showing payment of the license fee. (b) If the application is disapproved, the Sheriff shall give the applicant notice of the disapproval and the reasons therefor. If the Public Health Unit, the Building Inspection Division or the Chief, Fire Prevention recommends disapproval, the application shall be disapproved by the Sheriff for the reasons stated by the agency recommending disapproval, in addition to any reasons that the Sheriff may have as a result of his investigation; otherwise, the Sheriff may disapprove the application for reasons he may have as a result of his investigation. These reasons shall be based only on noncompliance with this Chapter. The application shall not be denied on the basis of failure to have an exception required by the zoning code where the applicant has submitted proof of applying for the proper exception and where the property is zoned Community/Commercial General-2 pursuant to Chapter 656 . Where the applicant does not have the required exception for property zoned CCG-2 and has applied for such exception, the Sheriff shall defer approving or disapproving the application until the requested exception has been granted or denied. (c) The Sheriff shall approve or disapprove the application within 45 days of submittal of the application unless the applicant requests additional time. (d) Except as set forth in subsection (b) of this Section, not more than 45 days after an application has been submitted, unless the application has been submitted, unless the applicant requests additional time, the Sheriff shall notify an applicant of the Sheriff's decision to grant or deny the license. Such notification shall be by certified or registered mail to the address in application or by personal service. (e) Not more than ten days after notification referred to in subsection (d) of this Section, excluding weekends and legal holidays, the Sheriff shall seek declaratory relief in a court of competent jurisdiction to determine the validity of the Sheriff's decision to deny the application. Nothing herein shall be deemed to affect the applicant's right to seek judicial review of the Sheriff's decision at any time. (f) In any judicial review of denial of a license, whether review is brought by the Sheriff or the applicant, the burden shall be on the Sheriff to prove that the denial of the license is justified under this Chapter. (g) For the purpose of Section 150.203 , an application is not finally denied until the denial is approved by a trial court of competent jurisdiction. (Ord. 77-257-256, § 1; Ord. 83-591-400, § 1; Ord. 94-190-651, § 1; Ord. 95-307-109, § 4) Note— Former § 410.207.