§ 12-148. Denial of permit.

(a)

Authority of director. The director may refuse to grant a permit under this article for failure to comply with section 12-144, 12-145 or 12-146, or upon finding from previous experience or upon investigation of the proposed location that the operation of such a business or establishment will not be in the best interest of the locality involved. Failure of the director to grant a permit within 45 days of the receipt of the completed application shall be deemed denial of the application.

(b)

Right to hearing. Any applicant aggrieved by the refusal of the director to issue a permit may request, and the director shall hold, a hearing in the manner provided in this article to determine whether such permit shall be granted. The request shall be made in writing within ten days after the applicant has been notified of the refusal of the director to grant the permit.

(c)

Criteria. In determining whether or not the proposed business is in the best interest of the locality involved, the director shall consider:

(1)

Whether the proposed premises are within 250 feet of residentially zoned property and whether operation of the business or establishment will create a nuisance to that property;

(2)

Whether the operation of the business or establishment will create a noise disturbance as defined in chapter 46;

(3)

Whether the operation of the business or establishment will prove a menace to the public safety; and

(4)

Whether the operation of the business or establishment will cause traffic congestion or parking problems, or cause or contribute to crime or disturbances in the locality.

(Ord. No. 110351, § 1, 5-12-11)