Title 5 - Business Licenses and Regulations

5.05.060 Examination of Application, Issuance of License, Disapproval.

1. A.
   The Governing Body shall examine an application for an Adult Business license, or a Manager, Server or Entertainer license, within thirty (30) days of the date such application was received by the City Clerk. After such examination, the Governing Body shall approve the issuance of a license only if the appropriate license fee has been paid, the applicant is qualified and all the applicable requirements set forth herein are met. No license shall be approved for any Person ineligible pursuant to the provisions herein. All incomplete applications shall be denied.
2. B.
   The record of the Governing Body shall show the action taken on the application, and if the license is granted, the Governing Body shall direct the City Clerk to issue the proper license. The Adult Business license and all Manager, Server and Entertainer licenses shall state that it is not transferable to other Persons or entities and the calendar year for which it is issued.
3. C.
   If an application for a license is disapproved, the applicant shall be immediately notified by registered or certified mail to the applicant's last known mailing address, and the letter of notification shall state the basis for such disapproval. Any applicant aggrieved by the disapproval of a license application may seek judicial review in the Overland Park Municipal Court by filing a notice of appeal with the Clerk of the Municipal Court within thirty (30) days of the date of the letter of notification. A copy of the notice of appeal shall be immediately filed with the City Clerk. A memorandum of points and authorities in support of the appeal shall be served and filed concurrently with the appeal, and appellant shall immediately serve a copy of the appeal and the memorandum of points and authorities upon the City Attorney. Within fifteen (15) days of receipt of a copy of the notice of appeal, the City Clerk shall prepare and file the administrative record with the Clerk of the Municipal Court. Counsel for the City shall serve and file a memorandum of points and authorities in opposition to the appeal within fifteen (15) days after service of the appellant's appeal and memorandum of points and authorities. Appellant may serve and file a reply memorandum of points and authorities not later than three (3) days after service of the City's opposition memorandum. Within twenty-five (25) days after the appeal and accompanying memorandum of points and authorities are filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney, the Municipal Court shall conduct a hearing on the appeal. The Municipal Court shall rule on the appeal within thirty (30) days after the appeal and accompanying memorandum of points and authorities are filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney. If the Municipal Court has not decided the validity of the license denial within thirty (30) days after the appeal and accompanying memorandum or points and authorities is filed with the Clerk of the Municipal Court and served upon the City Clerk and the City Attorney, the City Clerk shall immediately issue a temporary license to the appellant. The temporary license shall remain in effect only until the Municipal Court has rendered its opinion concerning the validity of the license denial. In the event that the last day of any time period set forth above falls upon a Saturday, Sunday or a legal holiday (as defined by K.S.A. 60-206), the time period shall run until the end of the next day which is not a Saturday, Sunday or a legal holiday. Appeals of the decision of the Municipal Court may be taken as authorized and in the manner provided by Chapter 12, Article 46, of the Kansas Statutes Annotated, as amended.

(History: Ord. AEB-2416 §7, 2003; AEB-2414 §1, 2002; AEB-1944 §7, 95; AEB-1935 §7, 95; AEB-1846 §7, 94; AEB-1837 §7, 93; AEB-1782A §3, 93; AEB-1782 §1, 93)

Effective on: 1/1/1901