(a) Operators of adult businesses must obtain an adult business permit in addition to a conditional use permit. Such adult business permit shall be nontransferable and must be renewed on a yearly basis on the anniversary date of the original application. The permit obtained is not transferable and a new permit must be obtained if the business is leased, sold or otherwise transferred for any reason.
(b) Applicants for such permits shall file a written, signed and verified application or renewal application showing:
(1) The name and permanent address of applicant; and
(2) The name and business address of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning not less than 25% of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners; and
(3) A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment including, but not limited to, provisions for licensing of adult service providers; and
(4) Hours of operation; and
(5) A location, address and floor plan depicting where the specific entertainment uses are proposed to be conducted within the building; and
(6) The name and or names of the adult business manager having actual supervisory authority over the business operations and the status of his or her adult business manager permit; and
(7) A statement of the nature and character of applicant's business if any, to be carried on in conjunction with such entertainment.
(c) For a renewal application, applicant shall also indicate any changes in the required information since the filing of the initial application or the last renewal application. The renewal application shall be filed 45 days before expiration of the license. The manager shall allow law enforcement officers or other authorized City or State officials to inspect the premises upon request during regular business hours.
(d) All applications for a permit or a renewal permit shall be filed with the City Police Department on forms prescribed by the Police Department. Each application shall be accompanied by a nonrefundable fee for filing or renewal determined by resolution of the City Council, which fees will be used to defray the costs of investigation, inspection and processing of such applications. The application shall be deemed complete when the City has received all required fees and all information and evidence required by this Section;
(e) After an investigation and confirmation of evidence provided by the applicant, the Police Chief shall issue a permit or a renewal permit if he or she finds:
(1) That the building, structure, equipment and location used by the business for which a permit is required herein complies with the requirements and meets the standards for the health, zoning, fire and safety laws of the State of California and of the applicable Code sections of the City of Canyon Lake; and
(2) That the applicant, or any of his or her employees, agents, partners, directors, officers, stockholders or managers has not 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 the Police Department, Sheriff or other department of the City or State and that adult service providers are duly and currently licensed; and
(3) That the applicant has not had any type of adult business permit revoked by any public entity within the past two years of the date of the application; and
(4) That on the date that the business for which a permit is required herein commences, and thereafter, there will be a responsible person on the premises to act as manager at all times during which the business is open, which manager has or will have a valid and current adult business manager permit; and
(5) That the applicant has shown how the adult business manager will prevent the business from being used as a place where prostitution, assignation, or any lewd act could occur; and
(6) That a conditional use permit has been granted for the use as required by this Code.
(f) In the event that the City or its designee determines or learns at any time that the applicant has improperly completed the application for a proposed adult business, he or she shall promptly notify the applicant, in writing, of such fact within ten days of receipt of an application and allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)
(g) Decision of Police Chief. The decision of the Police Chief regarding a permit application shall be issued within 45 days of the date of the filing of the application unless the Police Chief has set the matter for hearing before the City Council. Such hearing must be held and a decision rendered within 60 days from the date of the application, unless the matter is continued at the request of the applicant. The decision may be appealed as set out herein.
(20-12/91 § 11.02.006) (Am. Ord. 93U, passed 11-3-2004)