§ 12.5-144. Issuance of license.

(a)

Adult entertainment establishment license. Upon the filing of a completed application for an adult entertainment establishment license, the chief of police shall immediately issue a temporary license to the applicant if the completed application is from a preexisting adult entertainment establishment that is lawfully operating in the county and the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment establishment license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within thirty (30) days of the filing of a completed adult entertainment establishment license application, the chief of police shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The chief of police shall issue a license unless:

(1)

An applicant is less than eighteen (18) years of age.

(2)

An applicant has failed to provide information required by this article for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

The license application fee required by this article has not been paid.

(4)

The adult entertainment establishment, as defined herein, is not in compliance with the interior configuration requirements of this article or is not in compliance with the locational requirements of any part of the Horry County Code. This ground for denial of a license shall not be used to deny, or prevent renewal of, a license to an existing adult entertainment establishment that, on the date immediately prior to the effective date of this subsection, was operating in a location where an adult entertainment establishment was allowed to operate under the terms of the Horry County Zoning Ordinance on that date.

(5)

Any adult entertainment establishment in which an applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to an order of closure.

(6)

An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

(b)

Employee license. Upon the filing of a completed application for an adult entertainment establishment employee license, the chief of police shall immediately issue a temporary license to the applicant if the completed application, on its face, indicates that the applicant is entitled to an annual adult entertainment establishment employee license. The temporary license shall expire upon the final decision of the county to deny or grant an annual license. Within thirty (30) days of the filing of a completed adult entertainment establishment employee license application, the chief of police shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The chief of police shall issue a license unless:

(1)

The applicant is less than eighteen (18) years of age.

(2)

The applicant has failed to provide information as required by this article for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

The license application fee required by this article has not been paid.

(4)

Any adult entertainment establishment in which the applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to an order of closure.

(5)

The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

(c)

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for an adult entertainment establishment, the address of the adult entertainment establishment. The adult entertainment establishment license shall be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it may be read at any time that the business is occupied by patrons or is open to the public. An adult entertainment establishment employee shall keep the employee's license on his or her person or on the premises where the licensee is then working or performing.

(Ord. No. 29-13, § 2, 9-3-13)