Division 2. License.

No person shall construct, operate or maintain an outdoor theater in the county without first obtaining a license from the director for which a fee of one thousand dollars ($1,000.00) per annum shall be charged.

All applications for a license required by this division shall be made to the department on such form as shall be designated. Applications shall not be accepted for filing unless accompanied by a receipt of the director of finance showing payment to the county of a filing fee of fifty dollars ($50.00), or such other amount as may be established by regulation adopted by the county executive under method (3) of section 2A-15 of this Code, such fee to cover the cost of advertising in the newspaper and providing a transcript of the testimony at the hearing. No fee shall be refunded.

Within five (5) days after acceptance for filing of an application for an outdoor theater license, the applicant shall erect a sign, to be furnished by the county, on the land proposed to be used as an outdoor theater.

Such sign shall be erected by the applicant within ten (10) feet of whatever boundary line of such land abuts the most traveled public road or, if no public road abuts thereon, facing in such manner as may be most readily seen by the public. The bottom of the sign shall be not less than two and one-half (2 1/2) feet from the ground.

The sign furnished by the department shall be of metal, shall have a height and width of not less than two (2) feet by three (3) feet respectively and shall bear conspicuously in lettering in black on a yellow background, not less than four (4) inches in height, the words:

APPLICATION FOR OUTDOOR THEATER PERMIT

ON THIS PROPERTY. Application No. _________________

Date of Hearing _________________

The blanks shall be filled in by inserting the assigned application number and the date set for the public hearing.

If the land sought to be used lies within more than one (1) block as shown on a plat recorded in the land record of the county, then a sign shall be erected by the applicant on the land in each of such blocks.

No sign shall be furnished by the department to the applicant unless the applicant has first delivered to the department a receipt of the director of finance showing payment to the county of a deposit of fifteen dollars ($15.00) for such sign. On return of the sign to the department by the applicant, as hereinafter provided, there shall be repaid to the applicant on order of the department twelve dollars and fifty cents ($12.50) of the amount of such deposit.

If the applicant is a person other than the owner, his attorney, agent or other representative or a person who has contracted with the owner for the purchase of the land, or a person otherwise privy with the owner, and the applicant files an affidavit stating such fact and that the owner is unwilling to permit the posting of any such sign, then posting shall be made in such manner as the department shall direct.

At the hearing it shall be the duty of the applicant to prove by affidavit that he has fully complied with this section and has continuously maintained the sign or other posting up to the time of the hearing.

Any such sign or other posting shall be maintained at all times by the applicant until a decision on the application has been made public by the county council and then shall be removed by the applicant and, in case of a sign furnished by the department, returned by him within five (5) days thereafter.

It shall be unlawful for any person to remove or tamper with such sign during the period it is required to be maintained under this section.

The Director must not issue a license under this division unless the following certificates have been filed with the Department. However, the following certificates are not required to renew a license unless the plans and specifications were materially altered after the initial license was issued.

An application for an outdoor theater license shall be decided on its merits. The application shall either be approved, denied or dismissed or allowed to be withdrawn. A decision by the council shall be rendered within sixty (60) days after the hearing by the council, unless such time is extended. The hearing shall be conducted by the council or the council may by resolution authorize and appoint an administrative board, hearing examiner or the board of appeals to conduct the hearing and to make recommendation as to denial or approval and conditions therefor.

The application for a license under this division shall be denied if the applicant fails to comply with any provision of this article or the premises do not conform to the requirements of this article.

No license shall be issued under this division where it would be in violation of chapter 59 of this Code.

No license shall be issued under this division so long as any building, driveway, parking lot or any other building or facility used in the operation of the outdoor theater is within five hundred (500) feet of any residential building or any building used for a hospital, sanitarium, public institution, church or school.

A license issued under this division shall not be transferable without approval of the director.

The license required by this division shall be renewed annually upon the payment of the prescribed fee in section 4-30 without further public hearings, unless it is revoked or suspended.

Upon application for renewal of a previously issued license, the director shall make an investigation and inspection of the premises, and, if he finds that the provisions or intent of this article are not being complied with, he shall make a finding of the violations and refuse to renew the license. The director shall first serve on the applicant a copy of his finding listing the violations and give him an opportunity to correct the same or grant him a hearing to show cause why the license should be renewed. If the applicant fails to correct the violations or to appear within ten (10) days after notice of such finding is mailed to the applicant, the director shall refuse to renew the license.