Sec. 155.109. - Permitting.

The following shall apply relative to permitting of any adult amusement arcade center: (a) Permit Required. All adult arcade amusement centers located within the geographic boundaries of Duval County shall obtain an adult arcade amusement center permit issued by the Department of Neighborhoods as a prerequisite to the initial operation of an adult arcade amusement center. (b) Permits Limited. The total number of permits issued pursuant to this Section for adult arcade amusement centers within Duval County shall be limited to no more than two. (c) Permit Form and Conditions. The application for an adult arcade amusement center permit must be on a form approved by the Department of Neighborhoods and the Office of General Counsel, and accompanied by satisfactory proof of: (1) Licensure of the pari-mutuel permittee's premises pursuant to F.S. Ch. 550, and (2) Payment by the applicant of the applicable occupational license tax imposed by Section 772.340 , Ordinance Code. (d) Permit Issuance. Upon the submission of a complete and accurate application complying with the terms of this Section, the Department of Neighborhoods shall issue an initial permit for the period from the date of the beginning of operations until the following September 30. After the permit for the initial year or partial year of operation, renewal permits with a term of one year shall be issued to the permittee on or before each October 1 upon submission of required documentation and payment of the applicable permit fees. (e) Certain Convictions Prohibited . No adult arcade amusement center occupational permit shall be issued to an applicant if any person with an ownership interest in the business operating the adult arcade amusement center has been convicted of a violation of a federal, State or local law, statute or ordinance pertaining to gambling or any other crime involving moral turpitude within seven years preceding the date of the filing of the license application. (f) Review and approval. Except as provided for in subsection (c) above, within 60 days of receipt of an Applicant's completed permit application, the Department of Neighborhoods shall grant or deny the application. If any principal, officer, shareholder or director of the Operator has a pending criminal case for an enumerated crime the City may delay its grant or denial of the permit until 60 days after the final judgment in the case. If an Applicant satisfies all permit filing requirements and is not ineligible, the Department of Neighborhoods shall approve the application. (g) Denial of Permit. An Applicant whose permit application is denied may reapply at any time by completing all steps of the application procedure. The decision to deny a permit shall be considered non-final agency action subject to appellate review by a committee (Committee) consisting of the Director of Planning and Development, the Director of Neighborhoods (or successor), and the Chair of the Council's Public Health & Safety Committee. The decision of the Committee shall constitute final agency action subject to judicial review. Any appeal of a permitting decision shall be made within 15 calendar days of denial by filing a written notice of appeal with the Director of Neighborhoods. Failure to file written notice of appeal within the prescribed time period constitutes a waiver of the right to appeal. (h) Revocation of Permit. The City may revoke a permit for violation of any provision of this Chapter. Prior to revocation, the City shall provide to the permit holder, through their individual in Duval County authorized to accept notices from the City, the following: (1) A written notice of intent to revoke the permit, (2) A 14 calendar day opportunity to cure the alleged violation, and (3) An opportunity to be heard prior to revocation. Revocation shall not take place before 21 days after a notice of revocation, opportunity to cure, and opportunity to be heard is delivered to the permit holder. The decision to revoke a permit shall be considered non-final agency action subject to appellate review by a committee (Committee) consisting of the Director of Planning and Development, the Director of Neighborhoods (or successor), and the Chair of the Council's Public Health & Safety Committee. The decision of the Committee shall constitute final agency action subject to judicial review. Any appeal of a revocation decision shall be made within 15 calendar days of revocation by filing a written notice of appeal with the Director of Neighborhoods. Failure to file written notice of appeal within the prescribed time period constitutes a waiver of the right to appeal. (Ord. 2010-326-E, § 2; Ord. 2011-732-E)