§ 33-115. Permit renewal.

(a)

A renewal application on the form prescribed by the permit officer may be submitted no earlier than sixty (60) days before the expiration of the permit. The renewal application must be accompanied by a renewal fee. When an application for renewal is submitted less than thirty (30) days before the expiration date of the permit, the expiration date of the permit will not be affected, except as provided in this article.

(b)

When the renewal application has been filed as required above, the permit officer will have seven (7) days to determine whether to issue a renewal permit, or to reject the renewal application and require the applicant to file an original application and review the renewal request under the same standards as the original permit application. If the permit officer requires that the renewal be handled as though it were a new application, the review period set out in section 33-109 shall commence upon the filing of the completed original application form, not upon the filing of the renewal application form. The following shall constitute grounds for rejecting the renewal application and requiring the filing of an original application form:

(1)

The receipt by any department of the city of complaints about the operation of the dance hall during the period that the permit for which renewal is sought has been in force.

(2)

The discovery by any official of the city of a violation of any ordinance or law during the preceding year on the premises or related to the operation of the dance hall.

(3)

An increase in police calls to the area immediately adjacent to the premises.

(c)

If a permit expires during an extension of the review period, provided for in subsection 33-111(b), the permittee may continue to operate the dance hall until a decision on the renewal is rendered. If the renewal is denied, the permittee must cease operation of the dance immediately upon notification. Notice of the denial shall be sufficient if personally given to the permittee or the dance hall supervisor provided for in subsection 33-118(a), or if delivered to the permittee at the address shown on the renewal application by mail, return receipt requested.

(d)

When an application for renewal is ultimately denied, the applicant shall not be issued a permit for one (1) year from the date of the denial. If, subsequent to denial, the permit officer finds that the basis for denial of the renewal permit has been corrected or abated, the applicant may be granted a permit if at least ninety (90) days has elapsed since the date the denial of the renewal application was final.

(e)

The rejection of a renewal application and requirement that the renewal be handled as though it were an original application may not be appealed; however, the final denial of a permit renewal by the permit officer may be appealed in accordance with section 33-116.

(Ord. No. 025872, § 1, 7-27-2004)