The Planning Director shall refer the permit application to the designated head of the law enforcement agency providing police services to the City for an investigation to be made of such information as is contained on the application.
(a) After an investigation, including obtaining the information pursuant to the Municipal Code, the designated head of the law enforcement agency providing police services to the City shall issue a report to the Planning Director or the Planning Commission, as appropriate, and the Planning Director or the Planning Commission, as appropriate, shall approve the permit unless one or more of the following findings is true:
(1) That the applicant, his or her employee, agent, partner, director, officer, controlling stock holder, or manager has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a permit, or in any report or record required to be filed with any City or County agency or department.
(2) That on the date that the business for which a permit is required herein commences, or thereafter, there will be no responsible person on the premises to act as manager at all times during which the Adult-Oriented Business is open.
(3) That an applicant is under 18 years of age.
(4) That an applicant has been convicted of a "Specific Criminal Act" for which:
A. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the "Specified Criminal Acts" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another Adult-Oriented Business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.
B. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the "Specified Criminal Acts" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another Adult-Oriented Business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.
C. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the "Specified Criminal Acts" which are sexual crimes against children; sexual abuse; rape; or crimes connected with another Adult-Oriented Business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering; or conviction of any such offense occurring within twenty-four (24) months prior to application.
D. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.
E. An applicant who has been convicted of any of the above described "Specified Criminal Acts" may qualify to own, operate, or manage an Adult-Oriented Business only when the required time period has elapsed.
(b) In the event the information is not immediately available, the designated head of the law enforcement entity providing police services to the City shall, if the application otherwise meets the requirements of the Municipal Code and the investigation conducted reveals none of the factors set forth in subsection (a) above, issue a report thereon and the permit shall issue therefrom. Where upon, the City Manager, or designee thereof, shall issue the permit. Should the information obtained materially vary from that on the application, such variance shall be cause to revoke the permit. Any license issued prior to the City receiving the information required by the Municipal Code shall state clearly on its face that the license is subject to suspension or revocation pursuant to the Municipal Code.
(c) The City's decision to grant or deny the permit shall not include information authorized or required to be kept confidential pursuant to Welfare and Institutions Code Sections 600 to 900.