(A) Application. Any person desiring to obtain an adult business permit must submit an application to the Director on the form provided by the city. The application must list all owners of the proposed adult business, who are collectively referred to as “the applicant”. The application must also list each designated operator and on-site manager if such persons are not owners. The application must contain the following information regarding the owners, operators and on-site managers, as applicable, and the following items:
(1) Name and address.
(2) The previous residential addresses of all individuals, if any, for a period of five years immediately prior to the date of filing the application, and the dates of residence at each.
(3) Written proof that all individuals are at least 18 years of age.
(4) The history of the applicant as to the operation of any adult business or similar business or occupation within five years of the filing of the application. Such information must include a statement as to whether or not each such person, in operating an adult business under a permit or license, has had such permit or license revoked or suspended and the reasons therefor.
(5) All criminal convictions or offenses described in § 5.50.060(b)(11); and whether any individual is required to register under the provisions of Cal. Penal Code § 290 or of the Cal. Health & Safety Code § 11590.
(6) Authorization for the city, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the individuals.
(7) The height, weight, and color of eyes and hair of each individual.
(8) Fingerprints and two prints of a recent passport-size photograph of each individual.
(9) Business, occupation or employment history of each individual for the five years immediately preceding the date of the application.
(10) A non-refundable deposit or fee as set forth by city resolution.
(11) A narrative description of the proposed business, explaining how such business complies or will comply with the applicable development and operational standards specified in § 5.50.060.
(12) A site plan designating the building or unit proposed for the adult business, and a dimensional interior floor plan depicting how the business complies or will comply with the applicable development and operational standards specified in § 5.50.060. The site plan and interior floor plan need not be professionally prepared, but must be drawn to a designated scale or to an accuracy of plus or minus six inches.
(13) A lighting plan for all outdoor areas including parking areas.
(14) If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity was duly formed, and is authorized to do business and is in good standing in the State of California.
(15) The fictitious name, if any, of the adult business, together with documentary proof of registration of the fictitious name.
(16) If the applicant does not own the lot or parcel on which the adult business will operate, the property owner or lessor of the premises, or their legally authorized representative, as applicable, must consent to the filing of the application by signing and dating the application.
(17) A statement, in writing and dated by the applicant, certifying under penalty of perjury that the information contained in the application is true and correct.
(a) If the applicant is one or more natural persons, one such person must sign the application under penalty of perjury.
(b) If the applicant is a partnership, limited liability company or corporation, a general partner, officer, director or member of the entity must sign the application under penalty of perjury.
(18) Such additional information as the director may reasonably deem necessary.
(B) Determination of completeness.
(1) The Director will determine whether the application contains all the information and items required by the provisions of this chapter.
(2) If it is determined that the application is not complete, the applicant will be notified in writing within five business days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete.
(a) The applicant will have 30 calendar days to submit additional information to render the application complete.
(b) Failure to do so within the 30-day period will render the application void.
(3) Within five business days following the receipt of an amended application or supplemental information, the Director will again determine whether the application is complete in accordance with the procedures set forth in this division.
(a) Evaluation and notification will occur as provided above until such time as the application is found to be complete or the application is withdrawn.
(b) The applicant will be notified within five days of the date of the application is found to be complete (hereafter “application date”).
(4) All notices required by this chapter will be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided.
(Ord. 4496, passed 5-29-07)