§ 12.5-173. Late night establishment preclearance letter required; application; issuance.

(a)

Late night establishment preclearance letter. It shall be unlawful for any person to commence operating, after January 1, 2017, a late night establishment in the county without a valid late night establishment preclearance letter. No person shall apply for a certificate of zoning compliance or approval of a special exception to operate a late night establishment before obtaining a late night establishment preclearance letter. It shall be unlawful for any person to operate a late night establishment after a license revocation or nuisance declaration without a valid late night establishment preclearance letter issued after such revocation or declaration. The issuance of a preclearance letter does not authorize the recipient to operate a late night establishment. Rather, after receiving a preclearance letter, the recipient must also obtain a valid certificate of zoning compliance or special exception issued in accordance with Horry County's zoning laws.

For all late night establishments in existence prior to January 1, 2017, as a condition of continued or renewed operation of such establishment, a written safety plan, acceptable to the county, containing the information required by section 12.5-176, must be filed at the office of the Horry County Administrator (or such office as the administrator may designate), during regular business hours, together with a one-time nonrefundable administrative fee of two hundred fifty dollars ($250.00), by no later than the time for business license renewal, it being unlawful for any person to continue operating such establishment in the absence of such safety plan. The information provided shall be supplemented in writing by certified mail, return receipt requested, to the administrator (or such office as the administrator may designate) within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete. The late night establishment must also operate in compliance with all other laws and regulations.

(b)

Application. All applicants for a late night establishment preclearance letter shall file in person at the office of the Horry County Administrator (or such office as the administrator may designate), during regular business hours, a completed application made on a form approved by the administrator. The application shall be signed as required by subsection (c) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the following required information and/or items, accompanied by the appropriate fees:

(1)

The applicant's full legal name and any other names used by the applicant in the preceding seven (7) years.

(2)

Current business address or another mailing address for the applicant.

(3)

The business name, location, legal description, mailing address and phone number of the late night establishment.

(4)

If the applicant is a sole proprietor, written proof of age, in the form of a driver's license or a picture identification document containing the applicant's date of birth issued by an agency of a state or of the federal government.

(5)

If the applicant is not a sole proprietor, then the partnership, limited liability company, corporation, or other legal entity shall submit a complete list of the legal entity's:

a.

Officers;

b.

Directors;

c.

Partners, members, or shareholders (natural persons) holding a ten (10) percent or greater ownership interest in such legal entity, or if there is no shareholder (natural person) with at least a ten (10) percent interest, the ten (10) shareholders with the greatest ownership interests;

d.

Employee or agent primarily responsible for operation of the late night establishment, and all managers who will be on duty during times of operation; and

e.

Written proof of age, in the form of a driver's license or a picture identification document containing the person's date of birth issued by an agency of a state or of the federal government for each person described in subparts a. through d. above.

(6)

A statement of whether any applicant or any person listed in response to subsection (b)(5) has been an owner, director, officer, partner, member, shareholder, or manager of a business that has, in the previous seven (7) years (and at a time during which the person was so related to the business):

a.

Been declared in a judicial proceeding to be a nuisance; or

b.

Had its license to operate revoked.

(7)

A statement of whether the applicant or any person listed in response to subsection (b)(5) has within the previous seven (7) years been arrested for, convicted of, or pleaded guilty or entered a plea of nolo contendere to a specified criminal activity as defined in this article, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each such arrest and/or conviction.

(8)

A statement of whether the applicant or a person listed in response to subsection (b)(5) resides with someone who has been an owner, director, officer, partner, member, shareholder, or manager of a business that has, in the previous seven (7) years (and at a time during which the person was so related to the business):

a.

Been declared in a judicial proceeding to be a nuisance; or

b.

Had its license to operate revoked.

(9)

For each person listed in response to subsection (b)(5), a full set of fingerprints and additional information required to enable a state fingerprint-based background check conducted by the State Law Enforcement Division (SLED) to determine any state criminal history, and to enable a fingerprint-based background check to be conducted by the Federal Bureau of Investigation to determine any other criminal history.

(10)

If the applicant is a partnership, limited liability company, corporation, or other legal entity required to be chartered under the laws of the state or authorized by the secretary of state to do business in the state, such corporation must be chartered under the laws of the state or authorized by the secretary of state to do business in the state and must submit copies of the certificate of organization or incorporation, as applicable, and articles of organization or incorporation, as applicable.

(11)

The name and business address of the statutory agent or other agent authorized to receive service of process within Horry County, South Carolina on behalf of the late night establishment.

(12)

A statement whether the applicant is the owner of the premises wherein the late night establishment will be operated or the holder of a lease thereon. If the applicant is a lease holder, a copy of the lease shall be submitted with the application.

(13)

A written safety plan that contains the information required by section 12.5-176.

The information provided pursuant to this subsection (b) shall be supplemented in writing by certified mail, return receipt requested, to the administrator (or such office as the administrator may designate) within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(c)

Signature. If a person who seeks a late night establishment preclearance letter under this section is an individual, he or she shall sign the application for a preclearance letter as applicant. If a person who seeks a late night establishment preclearance letter is other than an individual, each person listed in response to subsection (b)(5) is considered an applicant and shall sign the application as an applicant. Each applicant must be qualified under this article and each applicant shall be considered a recipient if a preclearance letter is issued.

(d)

Completeness of application. The administrator or his or her designee shall determine whether the application is complete according to the requirements set forth above. If the application is not complete, then within twenty (20) days after its submission, the administrator or his or her designee shall inform the applicant in writing of the particulars in which the application is incomplete.

(e)

Issuance of preclearance letter. Upon the filing of a completed late night establishment preclearance letter application, the county shall cause to be conducted a criminal background investigation of each applicant and shall transmit a summary of the investigation results to the administrator or his or her designee. Within sixty (60) days of the filing of the application, the administrator or his or her designee shall either issue a preclearance letter to the applicant or issue a written notice of intent to deny the preclearance letter to the applicant. The administrator or his or her designee shall issue the preclearance letter unless:

(1)

The applicant or a person listed in response to subsection (b)(5) is less than twenty-one (21) years of age.

(2)

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

(3)

The applicant is neither the owner of the premises wherein the establishment will be operated, nor the holder of a lease thereon.

(4)

The fees required by this article have not been paid.

(5)

The county, within the previous thirty-six (36) months, has revoked a preclearance letter to operate a late night establishment or a license to operate an adult entertainment establishment at the premises wherein the establishment will be operated.

(6)

A business on the premises wherein the late night establishment will be operated has, within the previous thirty-six (36) months, been declared in a judicial proceeding to be a nuisance or has had its license to operate revoked by the county.

(7)

The applicant, a person who resides with an applicant, or a person listed in response to subsection (b)(5) has been an owner, director, officer, partner, member, shareholder, or manager of a business that has, in the previous seven (7) years (and at a time during which the person was so related to the business):

a.

Been declared in a judicial proceeding to be a nuisance;

b.

Had its license to operate revoked; or

c.

Repeatedly operated in violation of state law or county regulations.

(8)

The applicant or a person listed in response to subsection (b)(5) has within the previous seven (7) years been convicted of, or pleaded guilty or entered a plea of nolo contendere to, a specified criminal activity, as defined in this article.

(9)

The applicant is a partnership, limited liability company, corporation, or other legal entity that is required to be chartered under the laws of the state or authorized by the secretary of state to do business in the state, but is not so chartered or authorized.

(10)

The late night establishment is located at the same address, or on the same parcel of land, where an adult entertainment establishment is licensed to operate.

(11)

The applicant has failed to pay county taxes or fees (including, but not limited to, personal and real property taxes, hospitality taxes, accommodations taxes, property assessments, sewer fees, stormwater fees, fire alarm taxes and fire alarm fees, and annual regulatory fees) or state taxes or fees related to the establishment, when due.

(12)

The applicant has failed to comply with applicable state laws (including, but not limited to, sanitary kitchen facility requirements; permitting requirements for the service of alcoholic beverages, beer, and wine; and regulations for the service of alcoholic beverages, beer, and wine) related to the operation of the establishment.

(13)

The applicant has failed to provide full payment to the county within ten (10) days of notice of a check returned to the county for insufficient funds, related to the establishment. The term "full payment" means the full amount due of the original check plus costs and fees assessed to the county by its bank for the return of the check presented, as well as any return check fee otherwise assessed by the county.

(14)

The applicant or a person listed in response to subsection (b)(5) is shown by the county to be acting on behalf of a person who has, within the previous seven (7) years, operated a business in violation of applicable laws or regulations.

(15)

The applicant or a person listed in response to subsection (b)(5) has, within the previous five (5) years, knowingly or recklessly allowed possession, use, or sale of controlled substances on the premises of any business establishment.

(16)

The applicant or a person listed in response to subsection (b)(5) has, within the previous five (5) years, allowed any specified criminal activity, any specified sexual activity, or any other activity which violates the county's adult entertainment establishment regulations, to occur in or on the premises of any business establishment.

(f)

A preclearance letter, if issued, shall be issued in the name of the applicant and shall identify, as recipients, the persons listed in the application in response to subsection (b)(5).

(g)

With respect to a late night establishment's safety plan, the issuance of a preclearance letter reflects only that the safety plan is acceptable and addresses the matters required in this article. A preclearance letter does not prevent the county from imposing different or additional safety-related requirements upon a late night establishment.

(Ord. No. 92-16, § 5, 1-10-17)